-
8/13/2019 tender_no_4000000089
1/30
MAZAGON DOCK LIMITED(A Government of India Undertaking)
Dockyard Road, Mazagon,Mumbai 400 010.
INDIA
e-TENDER ENQUIRY FORM (TEF) Two-Bid SystemFOR APPOINTMENT OF TECHNICAL CONSULTANT
DIVISION: CORPORATE DEPARTMENT: CAPITAL WORKS
TENDER NO: 4000000089 TENDER DATE: 30thDecember, 2013
CLOSING DATE & TIME: 26thFebruary, 2014 at 1430 Hrs (IST)
Online Opening of Part-I (Techno-Commercial Bid): 26thFebruary, 2014, 1431 Hrs(IST) onwards.
MAZAGON DOCK LIMITED INVITES ONLINE COMPETITIVE BIDS from reputedBidders / Vendors in TWO BID SYSTEM (Part-I Techno-Commercial Bid and Part-IIPrice Bid) on our e-procurement portal https:\\mdl.nprocure.com for the followingWork / Services:
Description of Work: Consultancy Services for creation of Submarine LaunchFacility at Alcock Yard, Mumbai, India.
1. PREAMBLE:1.1. Mazagon Dock Ltd. (MDL), hereinafter referred as Employer (Client), is a PublicSector Undertaking fully owned by the Government of India under the
administrative control of Department of Defence production, Ministry of Defence.1.2. MDLs main business/ activities are Shipbuilding, Submarine Construction and
Heavy Engineering Works.1.3. MDL propose to create a Submarine Launch Facility at its existing Alcock Yard in
MDL, Mumbai.1.4. Prospective Bidders are requested to submit online offer for consultancy services
as per the scope of work included in this tender for the above mentioned work intwo bids system i.e. Techno-Commercial Bid and Price Bid up to 1430 hrs on orbefore the tender closing date and time.
1.5. Bidders are requested to study the scope of services and other terms & conditionsincluded in the tender prior to submission of their online offer. Necessarydocuments in support of experience and other requirements need to be submittedalong with the offer. Offers incomplete in any respect shall be liable to be rejected.
2. SCOPE OF WORK:2.1. The Scope of WORK is at Enclosure-1.
3. IMPORTANT NOTE FOR BIDDERS:3.1. This is an e-tender and bids have to be submitted online ONLY. It is the sole
responsibility of the bidders to submit their bids online in time. Bidders are,therefore, advised to commence the bidding process on the e-procurement
-
8/13/2019 tender_no_4000000089
2/30
Tender no. 4000000089
Page 2 of 30
portal WELL IN ADVANCE (preferably 3-4 days prior to tender closing date)and not wait for last minute submission of their bids. Bidders failure tocomplete submission of their online bids in time on account of reasons suchas SLOW SPEED OF SERVER, TECHNICAL PROBLEMS etc. will not beentertained and EXTENSION OF SUBMISSION TIME will not be granted onthis account.
3.2. In case any bidder intending to respond against the tender and is not havingthe DSC to facilitate uploading of his bid, should approach the Service
Provider at least 10 working days in advance of the tender closing daterequesting DSC. The request so made to the Service Provider shouldsimultaneously be forwarded to MDL Dealing Officer. In case the DSC is notreceived within 3 to 4 working days, the Head of concerned CommercialSection is to be informed immediately by the bidder. If the bidder does notreceive the DSC at least three working days prior to the closing date of thetender, suitable extension to the tender closing date shall be considered atthe request of the concerned bidder.
3.3. Bidders desirous of modifying their bids may do so online prior to the tenderclosing date & time.
4. INSTRUCTIONS TO THE BIDDERS:4.1. Bidders permanently registered with Mazagon Dock Limited should upload a
scanned image of the following documents along with their e-(Part-I) bid:4.1.1. Valid Registration Certificate duly self attested and stamped with their
company seal along with their e-(Part-I) bid.
4.1.2. CA certified Average Audited Annual financial turnover during the last 3years ending 31st March, 2013 for at least ```1,00,00,000/- ORUS$ 161,425/-, duly self attested and stamped with their companyseal.
4.1.3. Audit Certified Balance Sheet and Profit & Loss A/c for the last 3 years.4.2. Bidders not registered with Mazagon Dock Limited should upload a scanned
image of the following documents along with their e-(Part-I) bid:
4.2.1.Bidders Company Profile4.2.2.Valid Bidders Shop & Establishment Registration Certificate or Certificate
of Incorporation, issued by Registrar of Companies.4.2.3.CA certified Average Audited Annual financial turnover during the last 3
years ending 31st March, 2013 for at least ```1,00,00,000/- ORUS$ 161,425/-, duly self attested and stamped with their companyseal.
4.2.4.List of Personnel with their designations, Qualification & Experienceduly self attested and stamped with their company seal.
4.2.5.Audit Certified Balance Sheet and Profit & Loss A/c for the last 3 years.4.3. The online bid can be submitted by the authorized representative of the
bidder as detailed below:
4.3.1.By the Proprietor, in case of a proprietary firm; or4.3.2.By a Partner, in case of a partnership firm and/or a limited liability
partnership; or4.3.3.By a duly authorized person holding the Power of Attorney, in case of a
Limited Company or a corporation.
5. QUALIFYING REQUIREMENTS / EXPERIENCE OF BIDDER:5.1. Offer(s) of only those experienced and resourceful bidder(s) will be considered
who meet with following qualifying requirements:
-
8/13/2019 tender_no_4000000089
3/30
Tender no. 4000000089
Page 3 of 30
5.1.1. Bidders should have successfully completed at least ONE Similar Project*during the last 7 years, ending on 31st March, 2013.
*Similar Project: Consultancy Services rendered for launching of Submarines ORShips OR Single Unit of length more than 70 metres, eachweighing not less than 1500 MT (from land based workshop toa platform in sea) including Design, Planning & Supervision forcreation of necessary infrastructure to facilitate such
launching.
5.1.2. Bidders should have made profits in each of the last Three (03) Financial Yearsending on 31stMarch 2013.
5.1.3. For establishing the above qualifying requirements, Bidders shall have tosubmit the details and relevant documents in the format appearing online.
5.1.4. It is clarified that the work executed by the bidders for their in-house or capitaluse will not be considered for the purpose of bidders experience.
5.1.5. Bidders shall upload scanned copies of Work Order(s)/Contract Agreement(s),Work Completion Certificate(s) and other relevant documents, if any, issued bythe Party for whom the work is done, in respect of Similar Projects successfullycompleted by them. The documents shall be duly self attested & stamped.
Note: MDL reserves the right to demand hard copy(s) of any of the abovedocuments along with originals to verify / cause verification ofauthenticity of the same, whenever felt necessary.
5.1.6. Bidders should satisfy the qualifying criteria on their own merits and not as asum total of their sub-agencies like Joint Ventures / Consortium / MOU forthis tender.
6. SITE VISIT:6.1. It is considered necessary that the Bidder should visit the site at MDL yards,
Mumbai and get clear idea about the work involved, before quoting. Bidder(s) aretherefore advised to visit the site and study all the particulars of the site and the
nature of the work.6.2. Bidder(s), if required, may contact on telephone no. +91 22 23764222 / 23764225
or email: [email protected] any doubts /clarifications / site visits.
7. COST OF TENDERING:7.1. The Bidder shall bear all costs associated with the preparation and submission of
their Offer/Bid, and the Employer will in no case be responsible or liable for thosecosts, regardless of the conduct or outcome of the tendering process includingcancellation of this tender process.
8. PRE-BID CONFERENCE:8.1. A Pre-Bid Conference will be held from 1030 Hrs onwards on Friday, 31st
January, 2014 in the Conference Room, Capital Works Dept., 1st Floor, Project
Office Building, Alcock Yard, Mazagon Dock Ltd. Bidders may send their queriesin writing either by email to [email protected] or send them bypost/courier to the address below at least 48 hrs prior to the Pre-bid meet.
Additional General Manager (CW-Comm),Capital Works Department,1st Floor, Project Office Building,Alcock Yard, Mazagon Dock Limited,Dock Yard Road,Mumbai 400010, India
-
8/13/2019 tender_no_4000000089
4/30
Tender no. 4000000089
Page 4 of 30
Tel: +91 22 2372 5090/ 2376 42218.2. Intending bidders shall also furnish names and designation of their persons
attending the pre-bid meet.
9. EARNEST MONEY DEPOSIT (EMD) / BID BOND:9.1. Bidders shall furnish an EMD of ```` 5,00,000/- (Rupees Five Lakh Only) along
with their offer.9.2. Indigenous bidders shall furnish EMD of requisite value as indicated above in the
form of crossed DD / Pay Order/ Bank Guarantee drawn in favour of MAZAGONDOCK LIMITED. The instrument should be drawn on reputed Nationalised /Scheduled Banks excluding co-operative banks, payable at Mumbai. Crossed DD/ Pay Order issued by Co-operative Banks, however, may be accepted subject toits realization.
9.3. Foreign Bidders shall furnish a BID BOND of equivalent amount in US Dollars inthe format enclosed. The instrument should be in the form of a Bank Guaranteefrom any reputed International Bank having operations in India or any reputedIndian Bank, having operations in the country of origin.
9.4. The Bid Bond / Bank Guarantee should be valid for 210 Days from the TenderClosing Date.
9.5. The details of EMD/Bid Bond viz., EMD Amount, Mode of Payment, InstrumentNumber, Instrument Date & Bank Details are to be filled in the relevant form
appearing online. Scanned Copy of the instrument towards EMD is to beuploaded.
9.6. Bidder shall send the original of the instrument towards Earnest Money Deposit(EMD) / Bid Bond by Registered Post/Speed Post/Courier/Airmail so as to reachthe designated addressee within 07 Days from the closing date of the tenderduring office working hours i.e. up to 1730 hrs. Timely submission of the originalEMD/Bid Bond instrument is the responsibility of the bidders and no reasons /excuses in this regard will be entertained by MDL.
9.7. If the original of EMD/Bid Bond is NOT RECEIVED within the stipulatedperiod of 07 Days from the closing date of the tender, the Bids / Offers willnot be considered.
9.8. EMD of unsuccessful bidders will be returned after finalization of the tender andshall be interest free.9.9. EMD of successful bidder(s) will be returned after submission of Security Depositand shall be interest free.
9.10. The Earnest Money Deposit shall be forfeited by MDL in the following events:9.10.1.If the bidder withdraws, amends, impairs or derogates from the tender,
agreed conditions of TNC / PNC in any respect within the period of validityof his offer.
9.10.2.If the successful bidder declines acceptance of order.10. EXEMPTION FROM SUBMISSION OF EMD/BID BOND:
10.1. State & Central Government Of India Departments & Public Sector Undertakings.10.2. Firms registered with MDL. To qualify for EMD exemption, firms should
necessarily submit valid copy of the Registration Certificate issued by MDL in
Part-I offer/bid. Firms in the process of obtaining MDL registration will not beconsidered for EMD exemption.
10.3. Firms registered with NSIC under its Single Point Registration Scheme.(Exemption will apply only to items/services & value up to which bidders areregistered with NSIC). To qualify for EMD exemption, firms should necessarilysubmit valid copy of the Registration Certificate alongwith the list of items /services for which they are registered, as issued by NSIC, in Part-I offer / bid.Firms in the process of obtaining NSIC registration will not be considered for EMDexemption.
-
8/13/2019 tender_no_4000000089
5/30
Tender no. 4000000089
Page 5 of 30
10.4. All Micro & Small Enterprises (MSEs). To qualify for EMD exemption, firms shouldnecessarily submit valid copy of the Registration Certificate alongwith the list ofitems / services for which they are registered, issued by the Competent Authorityregarding their Micro/Small Industry status, in Part-I offer / bid. Firms in theprocess of obtaining MSE registration will not be considered for EMD exemption.
11.VALIDITY PERIOD:11.1. Bids / Offers shall remain valid for a period of not less than 180 Daysafter
the deadline date of submission.11.2.Technically accepted bidder shall be given opportunity to accept validity as per
the tender in case of shorter validity quoted by him. Non acceptance thereaftershall be rejected by MDL as non-responsive.
12.SUBMISSION OF BIDS IN TWO-BID SYSTEM:12.1. Offer must be submitted in Two parts i.e. Part-I (Techno-Commercial Bid) and
Part-II (Price Bid) as appearing online on the portalhttps:\\mdl.nprocure.com.12.1.1. Techno-Commercial (Part-I) Bid:
i) Bidders details in the form as appearing online.ii) Acceptance on clauses of Tender Enquiry (TEF) in the Prescribed Format
stating Accepted OR Not Accepted as applicable for each of the clause.iii) Copy of BLANK Price Bid indicating QUOTED / NOT QUOTED asapplicable against each of the listed item but clearly indicating theapplicable taxes included in the quote in the prescribed format shall beuploaded in online Part-I bid.
iv) Deviations, if any, from Terms, Conditions & Technical requirementsspecified in the Tender Enquiry, with reasons thereof shall be clearlyindicated against the relevant clause(s)in the form.
v) Bidders shall fill the details of their annual turnover in the formappearing online and upload scanned copies of Audit certifiedBalance Sheets & Profit/Loss Accounts for the relevant years in Part-Ibid.
vi) Bidders Undertaking at Enclosure-2shall be duly filled in, signed &stamped with company seal and scanned copy of the same shall beuploaded in online Part-I bid.
vii) Scanned copy of Bank details for payment by NEFT/RTGS/ECS atEnclosure-3, duly filled in, signed & stamped by the bidder andauthenticated by the Banker shall be uploaded in online Part-I bid.
viii) Copy of Service Tax Registration Certificate & Permanent AccountNumber (PAN).
ix) Bidders not permanently registered with MDL shall comply with thefollowing:a) Upload a scanned image of Bidders company profile duly self
attested and stamped with their company seal in online Part-I bid.b) Upload a scanned image of Valid Bidders Shop & Establishment
Registration Certificate or Certificate of Incorporation, issued byRegistrar of Companies, duly self attested and stamped with theircompany seal in online Part-I bid.
c) Upload bio-data of key Personnel and technical team with theirdesignations, Qualification & Experience duly self attested andstamped with their company sea in online Part-I bid.
x) Bidders registered with Mazagon Dock Limited shall upload scannedimage(s)of Valid Registration Certificate issued by MDL.
xi) Bidders registered with NSIC in the relevant category as defined in thesimilar work shall upload scanned image(s) of Valid Registration
-
8/13/2019 tender_no_4000000089
6/30
Tender no. 4000000089
Page 6 of 30
Certificate alongwith the list of items / services for which they areregistered with NSIC.
xii) The scanned image of DD / BG towards Earnest Money Deposit(EMD) / BID BOND as stipulated in TEF clause no. 8 shall beuploaded. The original of the above DD / BG towards Earnest MoneyDeposit (EMD) / BID BOND shall be sent by Registered Post/SpeedPost/Courier/Airmail to AGM(CW-Comm) in a sealed envelope superscribing Tender Enquiry No. and Due date, so as to reach within 07
Daysfrom the closing date of the tender during office working hours i.e.1730 hrs, addressed To,
Additional General Manager (CW-Comm),Capital Works Department,1st Floor, Project Office Building,Alcock Yard, Mazagon Dock Limited,Dock Yard Road,Mumbai 400010, IndiaTel: +91 22 2372 5090/ 2376 4221
12.1.2. Part-II (PRICE BID):i) The rates of Professional Fee(s) areto be filled ONLINE ONLY by the
bidder.
13.OPENING OF BIDS:13.1. Part-I (Techno-commercial Bid):Part-I bid will be opened online on the tender
closing date from 1431 hrs. onwards in Capital Works Department. Bidder(s), whowish to remain present during the tender (Part-I) opening, should nominate ontheir company letterheadthe name and designation of one person authorised toremain present at the time of opening the bid and send this letter so as to reachthe undersigned at least one working day prior to the closing date of the tender.However, the bidder can view the tender online by logging their user id on theportal https:\\mdl.nprocure.com.
13.2. Part-II (Price Bid):After completion of Technical scrutiny, intimation for openingof Part-II bid will be communicated only to technically accepted bidders. Suchintimation may be given at a short notice by Fax, E-mail or even by telephone,only to the technically accepted bidder(s). If any such technically accepted bidderwishes to remain present at the time of opening the Price Bid, he may depute onerepresentative with proper authorization letter on their company letterhead.However, the bidder can view the tender online by logging their user id on theportal https:\\mdl.nprocure.com.
14.BID REJECTION CRITERIA:14.1. Following bids shall be categorically rejected:
14.1.1. Bidders not submitting Original EMD within the stipulated period of 07Days from the closing date of the tender during working hours i.e. up to1730 hrs, other than those who are exempt from payment of EMD, as
specified in the tender.14.2. Following bid rejection criteria shall also render the bids Liable for Rejection:
14.2.1. Bidders failure to submit sufficient or complete details for evaluation ofthe bids even after given reasonable time by MDL.
14.2.2. Incomplete / misleading / ambiguous bids in the considered opinion ofMDL.
14.2.3. Bids with technical requirements and or terms not acceptable to MDL.14.2.4. Bids received without pre-qualification documents where required as per
the tender.
-
8/13/2019 tender_no_4000000089
7/30
Tender no. 4000000089
Page 7 of 30
14.2.5. Bids not meeting the pre-qualification parameters stipulated in thetender enquiry.
14.2.6. Validity period indicated by bidders is shorter than that specified in thetender enquiry.
14.2.7. Bidders not agreeing to furnish required Security Deposit / RequiredContract Performance Guarantee till completion of the supplies / servicesas per contract.
14.2.8. Bidders not agreeing to the stipulated Period of Completion.14.2.9. Bidders not agreeing to Schedule of Payment.
15.PERIOD OF COMPLETION:15.1. Pre-tender activities: All activities leading to the placement of order for the works
and signing of Contract Agreement with the successful Contractor for the sameshall be completed within a period of 10(TEN) MONTHS from the date of workorder issued to the Consultant.
15.2. Post-tender activities i.e. from the award of the Contract to the ConstructionContractor till the completion of entire work and certification of Final Invoice shallbe completed within 15(FIFTEEN) MONTHS.
16.SCHEDULE OF PAYMENT:16.1. Payments will be made as a percentage of LUMP SUM Consultancy Fees quoted by
the Consultant and approved by MDL in accordance with the following schedule:
SL DESCRIPTION PAYMENTSCHEDULE
PRE-CONSTRUCTION STAGE1. On submission of Feasibility Report including Geo-technical
investigation, Site Survey & NDT Tests as required alongwith recommendations.
05%
2. On approval of Detailed Project Report comprising designdocuments, project schedule, execution/supervision planincluding deployment of personnel etc. till completion andhanding over.
10%
3. On submission of detailed cost estimates for civil,structural, marine, associated electrical & mechanicalworks, tender documents, technical specifications etc.
10%
4. On receipt of the final tender appraisal report, preparedafter obtaining all the clarifications, discussions,correspondence with MDL, scrutiny of tender, comparativestatement, discussions with contractor, correspondence, ifany, leading to placement of order on the works contractor.
4.1. Completion of scrutiny of Technical Bids and submission ofEvaluation Report.
07%
4.2. Completion of evaluation of Price Bids and submission ofReport along with Comparative Statement/recommendation.
05%
4.3. Completion of all activities leading to award of Contract. 03%CONSTRUCTION STAGE5. Project Management Services along with Supervision of
Work by deploying adequate competent resident staff andall other items covered by the Consultancy agreement(Payable proportionately to the percentage progress ofwork based on the certified RA bills of the ConstructionContractor)
40%
POST CONSTRUCTION STAGE6. On satisfactory completion and acceptance of the project as 10 %
-
8/13/2019 tender_no_4000000089
8/30
Tender no. 4000000089
Page 8 of 30
per the agreement including all consultancy services leadingto the completion of entire work, obtaining necessaryapprovals from requisite authorities, handing overdocuments/ reports, submission of As built drawings,Stability Certificates.
7. On successful completion of launching of one Submarinefrom the facility under supervision of the Consultantincluding imparting necessary training to MDL
engineers/operatives etc.(Note: Advance intimation of at least 03 months will begiven to the Consultant for preparatory work prior toLaunching of the Submarine.)
10%
16.2. Payment against additional services shall be paid by MDL for the relevant stage,ONLY if the same are availed by MDL.
16.3. Payment for the stage wise Consultancy Fees will be made within 30 days ofreceipt of the Invoice in the offices of Mazagon Dock Limited with all necessarydocuments, including Work Completion Certificate duly certified by thedesignated representative of Capital Works Department, required for processingthe same. The final bill shall be paid within 45 days of receipt of the bill along withall details.
16.4. Before submission of the final bill, the Consultant should sign a "No ClaimCertificate" indicating that he has no claim against the company under thecontract except as included in the final bill.
16.5. All payments due to the Consultant will be made through RTGS/NEFT/ECS asper the details of Bank Particulars furnished for payments as per format atEnclosure-3.
17.PRICES AND TAXES:17.1. Indigenous Bidder:
17.1.1. Rates of Professional Fee(s) in the prescribed Rate Sheet (Price Bid) shallbe quoted ONLINE ONLY. The quoted Professional Fee shall be all-inclusive except applicable Service Tax (including Cess). Bidder should
indicate the percentage of Service Tax (including Cess) separately undereach of the head as appearing online in the Rate Sheet (Price Bid), whichwill be paid extra based on tax invoice to the extent applicable.
17.1.2. Bidder will not be entitled to any increase in rate of taxes occurringduring 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.
17.1.3.Taxes shall be deducted at source wherever applicable (e. g. Income tax)from the bills of the Consultant / bidder as per statutes.
17.2. Foreign Bidder:17.2.1. Rates of Professional Fee(s) in the prescribed Rate Sheet (Price Bid) shall
be quoted ONLINE ONLY.
17.2.2.The conversion of foreign currency into Indian Rupee shall be made atthe selling exchange rate on the date of opening the price bids, aspublished by the The Economic Times. If the date of opening the pricebids happens to be a non-transaction day, the exchange rate onimmediate previous working day will be adopted.
17.2.3.The quoted Professional Fee shall be all inclusive of all taxes and dutiesapplicable in their country. However, Service Tax (including Cess) asapplicable in INDIA shall be reimbursed against documentary evidences.
17.2.4.Taxes shall be deducted at source wherever applicable (e. g. Income tax)from the bills of the Consultant/bidder as per statutes. Consultant to
-
8/13/2019 tender_no_4000000089
9/30
Tender no. 4000000089
Page 9 of 30
submit Tax Determination Certificate issued from Income TaxDepartment.
17.2.5.Tax, if any, payable by MDL on behalf of the Consultant shall be loadedto the quoted price for evaluation of bids.
18.ESCALATION:18.1. Escalation shall be paid only for the Construction & Post-Construction Stages due
to reasons for delays in execution of the project not attributable to the Consultant.
However, no escalation shall be payable for the Pre-Construction Stage &Additional Services, if availed by MDL.
18.2. The fee for the construction/supervision stage as per the above Payment Scheduleshall be fixed for Project period of 25 months from the date of placement of orderfor the consultancy. Escalation shall be considered only for the balance workexecuted after the scheduled project completion period of 25 months, providedthat MDL is satisfied that the delays in execution of the project are beyond thecontrol of the Consultant.
18.3. Escalation shall be worked out proportionately to the rise/reduction in All IndiaConsumer Price Index (Urban) released by the Central Statistics Office, Ministryof Statistics and Programme Implementation, Govt. of India. The base indexshall be that applicable on the date of expiry of the overall completion period of 26months from the date of placement of Consultancy Order in respect of Indian
Consultants or INR component in respect of overseas consultant. In respect ofForeign Currency (US Dollar component), the rise/reduction in Cost Indexpublished by the Government of the Consultants country of origin shall beapplicable for working out escalation.
18.4. The base index shall be that applicable on the date of expiry of the overallcompletion period of 25 months from the date of placement of Consultancy Order.
19.CONTRACT AGREEMENT:19.1. A formal agreement as per terms & conditions of tender, as per MDL format, on
`100/- Non-Judicial Stamp Paper, shall be made between MDL and the successfulbidder.
20.PERFORMANCE BANK GUARANTEE:20.1. Within 21 days after placement of order, the successful bidder shall submit a
Bank Guarantee as per MDL format for 10% of the contract value towardscontract performance, valid till 30 days beyond the actual completion of thecontract.
20.2. In case of delays in submission of the Bank Guarantee, MDL reserves the right tocharge Interest at PLR of SBAR+2% (indigenous bidder) or EUROBOR/LIBOR +2% (foreign bidder), as applicable, from the firm for such period of delays.
21.FAULTY EXECUTION OR DELAY:21.1. In case of faulty design or execution or delay in issuing drawing or execution of
work on account of oversight / slippage on the part of consultant, either in
commencing the project in time (after all the formalities are completed) or an errorin design / drawings / specifications, etc. or any other cause attributable toConsultant, the Consultant shall be liable for appropriate damages (not exceeding5% of the total fee payable under the consultancy agreement) to MDL. Thedecision of MDL in this regard shall be final and binding.
22.FACILITIES PROVIDED BY MDL:22.1. MDL will provide space for setting up office with power and water free of charge.
All other services required for setting up office has to be arranged by Consultantat his own cost.
-
8/13/2019 tender_no_4000000089
10/30
Tender no. 4000000089
Page 10 of 30
23.ARBITRATION:23.1. Arbitration clause applicable to CPSUs:
23.1.1. In the event of any dispute or difference between the parties hereto, suchdisputes or differences shall be resolved amicably by mutual consultationor through the good offices or empowered agencies of the Government. Ifsuch resolution is not possible, then the unresolved dispute or differenceshall be referred to arbitration by Permanent Machinery of Arbitrators in
the Bureau of Public Enterprises in terms of Office MemorandumNo.15/9/86BPE(FIN) dated 30.3.1989 issued by the Ministry ofIndustry, Bureau of Public Enterprises and as modified from time totime. The Arbitration and conciliation Act 1996 shall not be applicable toarbitration under this clause. The Arbitrators fee and cost incurred inarbitration shall be borne equally by both the parties.
i) The venue of arbitration shall be Mumbai. Indiaii)The award of Arbitrator (so shall be reasoned award and Arbitrator(s) shall
mention his (their) reason of the award.
iii)The award of Arbitrator(s) shall be binding upon the parties to the disputeprovided, however, any party disagree to buy such award may make furtherreference for setting aside or revision of the award to the Law SecretaryDepartment of Legal Affairs, Ministry of Justice, Government of India.Upon such reference, the dispute shall be decided by the Law Secretary orthe Special Secretary / Additional Secretary when so authorized by the LawSecretary, whose decision shall bind the parties finally and conclusively.
23.2. Arbitration clause applicable to non-CPSUs:23.2.1. If any dispute, difference or question shall, any time hereafter, arise
between the parties hereto in respect of the construction of thesepresents or concerning anything herein contained or arising out of thesepresents or as to the rights, liabilities or duties of the said parties
hereunder which cannot be mutually resolved by the parties, the sameshall be referred to the sole Arbitrator appointed by the CMD, MDL. TheSole Arbitrator shall on matters referred to him / her indicate thereasons for his finding on each and every item of disputes. The venue ofthe Arbitration shall be Mumbai. Subject to above, The Arbitration will begoverned by the provisions of Conciliation and Arbitration Act, 1996, asamended from time to time.
24.SERVICES OF NOTICES ON CONSULTANT:24.1. Any notice to be given to the consultant under the terms of the contract shall be
served by sending the same by post or leaving the same at the Consultant'sprincipal place of business (or in the event of the Consultant being a company, toits registered office).
25.SERVICES OF NOTICES ON MDL:25.1. Any notice, to be given to MDL under the terms of the contract, shall be served by
sending the same by post or leaving the same at MDLs address.
26.STATUS OF CONSULTANTS:26.1. The Consultant covenant that there shall not be any material change in their
partnership deeds, share holding, partners or its directors as the case may beduring the subsistence of the agreement.
-
8/13/2019 tender_no_4000000089
11/30
Tender no. 4000000089
Page 11 of 30
26.2. TheConsultancy Firm and or any of its affiliates, hired to provide Consultancyservices for preparation or implementation of a project will be disqualified fromsubsequently supplying items or services related to the initial assignment forthe same project.
27.TERMINATION:27.1. If MDL considers that the services rendered by the Consultant directly or through
their associates are unsatisfactory, MDL reserves the right to terminate the
agreement with Consultant in writing at any stage by giving them 30 days notice.In case MDL decides to part with the services of the Consultant, the Consultantsfees quoted by them will be restricted to the proportionate work rendered by themupto that stage.
28.PROPRIETARY RIGHTS OF MDL IN REPORTS AND RECORDS:28.1. All reports and relevant data such as maps, diagrams, plans, statistics and
supporting records, calculations, materials compiled or prepared in the course ofthe services shall be confidential and shall be the absolute property of MDL. Theconsultant shall deliver all these materials, data to MDL upon completion of thework and shall not use for any other purposes.
29.CONFIDENTIALITY:29.1. Except with prior written consent of MDL, the Consultant and their personnel
shall not at any time communicate to any person or entity, any confidentialinformation disclosed to them for the purpose of services or disclosed by them inthe course of rendering the services, nor shall the consultant or their personnelmake public any information as to the recommendations formulated in the courseof the services.
30.MDLs REVIEW:30.1. MDL reserves the right to review Consultants recommendations for any activity
and may ask to alter (addition/deletion) the same. MDL also reserves the right forchange of the personnel deployed by the consultant if their services are found tobe unsatisfactory.
31.INDEMNIFICATION AND PATENT RIGHTS:31.1. Consultant hereby indemnify, protect and defend at consultants own expense,
MDL and its employees from and against any and all direct damages and or lossesand or injury arising out of any negligence and or violation by the consultant inrespect of drawings/ infringement of patent rights/ failure to exercise the skill andcare required for performance of the assigned work by making good such damagesto the property, setting right the design deficiencies, setting right the infringementof patent rights, compensating personal injury. Provided, however, ceiling onConsultants liability under this provision shall be equal to the total order/contract price.
32.MODIFICATIONS TO THE BIDS:32.1. Bidders desirous of modifying their bids prior to the closing date & time may
do so online in the e-Procurement Portal https://mdl.nprocure.com prior toFinal Submission of their online offer before the tender closing date & time.
33.PUBLIC GREIVANCE CELL:33.1. A Public Grievance Cell headed by General Manager (F-P&S) has been set up in
the Company. Members of public having complaints or grievances are advised tocontact him on Wednesday between 10:00 hours and 12:30 hours in his office on6th Floor, Mazadock House or send their complaints / grievances to him inwriting for redressal. His Telephone No. is 2378 2338/ 2376 2106.
-
8/13/2019 tender_no_4000000089
12/30
Tender no. 4000000089
Page 12 of 30
34.AMENDMENT TO THE TENDER ENQUIRY:34.1. At any time prior to the deadline for submission of bids, MDL for any reason
whether at MDLs own initiative or in response to a clarification requested by aprospective Bidder may modify the Bidding Documents by amendment. In order toafford prospective Bidders a reasonable time in which to take the amendment intoaccount in preparing the bids, MDL may extend the deadline for the submission ofbids.
35.IMMUNITY OF THE GOVERNMENT OF INDIA:35.1. Itis expressly understood and agreed by and between M/s. (Bidder) and Mazagon
Dock Limited, Dockyard Road, Mumbai - 400 010 (MDL) that finalisation ofcontract by MDL will be solely on its own behalf and not on the behalf of anyperson or entity. In particular, it is expressly understood and agreed that theGovernment of India is not a party to this Agreement and has no liabilities,obligations or rights hereunder. It is expressly understood and agreed that MDL isan independent legal entity with power and authority to enter into contracts solelyin its own behalf under the applicable Laws of India and general principles ofContract Law. The (Bidder) expressly agrees, acknowledges and understands thatMDL is not an agent, representative or delegate of the Government of India. It isfurther understood and agreed that the Government of India is not and shall notbe liable for any acts, omissions and commissions, breaches or other wrongsarising out of the contract. Accordingly, (Bidder) hereby expressly waives, releasesand foregoes any and all actions or claims, including cross claims, impleaderclaims or counter claims against the Government of India arising out of thiscontract and covenants not to sue Government of India in any manner, claim,cause of action or thing whatsoever arising of or under this Agreement.
36.DUTY OF PERSONNEL OF BIDDER:36.1. MDL being a Defence Organisation, the Bidder undertakes that their personnel
deployed in connection with the entrusted work will not indulge in any activitiesother than the duties assigned to them.
37.COMMUNICATION AND LANGUAGE FOR DOCUMENTATION:37.1. Any letter, facsimile message, e-mail intimation or notice sent to the Bidder at thelast known address mentioned in the offer / order shall be deemed to be validcommunication for the purpose of the order/contract. Unless stated otherwise bythe Employer, Language for communication & all documentation shall be same,which the Employer has used in the tender enquiry.
38.POLICE VERIFICATION OF CONSULTANTS EMPLOYEES:38.1.The successful bidder shall have to obtain Police Verification Report (PVR) of
their Employees prior to deployment at MDL site for execution of the work. ADetailed procedure for Security Passes is displayed on MDLs website
www.mazagondock.gov.in Tenders Capital Works. BIDDERS AREREQUESTED TO NOTE THE SAME FOR COMPLIANCE. NO RELAXATIONSHOULD BE ASKED FOR.
39.CONTRACT OPERATION:39.1. This contract shall in all respects be interpreted and operated as an Indian
Contract and in conformity with Indian Law.
40.PROTECTED AREA:40.1. The Site is a Protected Place under the Defence of India Regulations and no
person shall be employed or allowed on the Site without the prior authority in
-
8/13/2019 tender_no_4000000089
13/30
Tender no. 4000000089
Page 13 of 30
writing of the Employer. All persons employed or allowed on the Site shall at alltimes conform to all regulations laid down by the Employer for personnelemployed upon the Site.
41.JURISDICTION:41.1. 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 theorder 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 todecide upon any dispute arising out of or in respect of the contract.
42.INSURANCE:42.1. The Consultant shall keep MDL indemnified against all liabilities of every kind in
case of unforeseen eventualities related to personnel deployed in MDL premises forexecution of the contract. The Employer shall not be liable for or in respect of anydamages or compensation payable at law in respect or in consequence of anyaccident or injury to any personnel in the employment of the consultant save andexcept an accident or injury resulting from any act or default of the employer, hisagents or servants and the consultant shall indemnify and keep indemnified theemployer against all such damages and compensation (save and except asaforesaid) and against all claims demands proceedings, costs charges andexpenses whatsoever in respect thereof or in relation thereto.
43.BIDDERs OBLIGATION:43.1. Bidder shall abide by all Terms of Tender Enquiry (TEF) and respective
acceptance format is to be filled as appearing online in the e-Techno-Commercial (Part-I) bid. The bidder shall also abide by Statutoryrequirements, Official Secret Acts 1923, and Safety Code, which are displayedon MDLs website www.mazagondock.gov.inTenders Capital Works.
44.IMPROPER ON-LINE FILLING:44.1. In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form,
it shall be presumed that all our tender terms & conditions are acceptable tobidder.
45.CLARIFICATION:45.1. In case of any clarifications, bidders are requested to contact the undersigned,
before the closing date of the tender. Bidders can also contact toll-freecustomer help line of e-procurement portal https://mdl.nprocure.com.Userguide is available on the home page of the above-referred web site. In additionto this, it has 24x7 Customer Help Desk, Toll free number 1-800-233-1010(Extn.501, 512,516,517 and 525). Training programme for online tendering isconducted in MDL Premises on working Fridays in two sessions (1000 1200
hrs and 1400 1600 hrs) for prospective/willing Bidders. Interested
bidders/vendors may forward their request for training on the following emailid: [email protected]
46.PARTICIPATION IN ONLINE BIDDING:Bidders can participate in online bidding46.1. By registering with above referred portal for User ID and password.46.2. By obtaining Class III DSC (Digital Signature Certificate) for secured bidding.
47.LOADING CRITERIA FOR RANKING OF BIDS:47.1. It is desirable that the bidders accept the tender terms & conditions without any
deviation. In case of deviations sought by bidders against Payment Terms/other
-
8/13/2019 tender_no_4000000089
14/30
Tender no. 4000000089
Page 14 of 30
Commercial Terms, the Price Bids of such bidders shall be loaded for ranking ofbids to judge the Lowest (L1) bidder as detailed below:
47.2. It is desirable that the bidder accepts the Terms of Payments indicated in thetender enquiry above. Varied payment terms quoted by indigenous bidders ascompared to the terms stated in the Tender document shall be normalized byadopting the Prime Lending Rate of State Bank of India plus 2% thereon on theamount (s) at variation and / or for the period (in no. of days) at variation andLIBOR/ EURIBOR rates in case of foreign bidders.
47.2.1.For the additional delivery period sought by the bidder over the stipulateddate of delivery as per Tender, 0.50% per completed week may be loaded tothe quoted price.
47.2.2.Deviations sought in respect of rate per week and / or maximum ceiling inrespect of liquidated damages shall be loaded to the quoted price. Forexample, the maximum ceiling towards liquidated damages stipulated in the
Tender is 5% and the bidder seeks to limit it to, say 3.50% then the pricequoted will be loaded by 1.5%. If the rate of LD per week is 0.50% per week orpart thereof as per tender and the bidder seeks it as, say, 0.40% per week orpart thereof, the maximum ceiling on LD as per tender will first be equated toweeks (10 weeks in this case) and the rate proposed by the bidder i.e. 0.40%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 that the bidder(s) adhere to thestipulated clause.
47.2.3.Bidder(s) are advised to peruse the loading criteria thoroughly andunderstand the same. In case of doubt, bidders are required to getclarification on the same prior to submission of their bid(s). Revision of pricebids due to reason of lack of clarity on loading factors shall not be allowed.
48.MDLs RIGHT:48.1. The Employer 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 tomore than one party without assigning any reason whatsoever and withoutthereby 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.
We look forward to your participation in on-line bidding by offering your mostcompetitive and reasonable bid against this tender.
Yours faithfully,For MAZAGON DOCK LIMITED,
Dy. General Manager (CW-Comm)Capital Works Department
Enclosures:
1. Enclosure-1 - Scope of Work2. Enclosure-2 - Form of undertaking to be furnished by the bidder3. Enclosure-3 - RTGS/NEFT/ECS Mandate Authorisation Form4. Enclosure-4 - Proforma Bank Guarantee for Bid Bond / EMD5. Enclosure-5 - Proforma for Performance Bank Guarantee6. Enclosure-6 - Extract of provisions of the Official Secrets Act, 19237. Enclosure-7 - Price Bid Part II (to be filled online)
-
8/13/2019 tender_no_4000000089
15/30
Tender no. 4000000089
Page 15 of 30
-
8/13/2019 tender_no_4000000089
16/30
Tender no. 4000000089
Page 16 of 30
Enclosure-1SCOPE OF WORK
1. MDL proposes to have Submarine launching facility at Alcock yard adjacent to the Newsection assembly workshop under construction. The submarines constructed at theAlcock yard have to be rolled out, towed to Naval Dockyard/ Naval Anchorage and floatedoff in the protected waters of Naval Dockyard/ Naval Anchorage. MDL has alreadyundertaken preparation of the feasibility study for launching of submarine at the Alcock
Yard and the proposed arrangement as mentioned above is found to be feasible. MDLintends to have a Detailed Project Report (DPR) through a consultant to undertake astudy culminating into a Project Report consisting of Submarine launching from Alcock
yard for launching of submarines weighing upto approximately 3000T.The report shouldalso include investments in creating proposed infrastructure including cost ofprocurement of the equipment and machinery, civil infrastructure, marineinfrastructure, technical details of pontoon and draw an outline for the completesequence of activities during the submarine launching.
2.The Workshop under construction at Alcock yard would also be utilised for repair andrefit of submarines; hence the consultant would plan the scheme of activities for transferof submarine from water to the proposed Work shop at Alcock yard and recommend themost optimum method. Following methods may be examined. Consultant maysuggest/consider any other methods also. Consultant should clearly bring out theadvantages and disadvantages of the individual schemes.
2.1. Ship lift infrastructure.2.2. Floating Dry Dock2.3. Semi submersible Vessel2.4. Pontoon resting on fixed platform2.5. Floating pontoon.2.6. Any other suitable system.
3.The consultant should plan the infrastructure giving utmost importance to the followingparameters.
3.1. Safety of the Submarine during loading on / rolling off or launching.3.2. Safety of submarines while taking in /loading on / rolling off of submarines forrepairs.
3.3. The infrastructure which has to be proposed for launching of the submarine hasto be compatible with the existing systems present at the Alcock Yard and MDL asa whole.
4. Civil Infrastructure4.1. The consultant would be required to undertake complete assessment of the site at
the Alcock Yard. This should include assessment for the load bearing capacity ofexisting jetty, assessment of the soil conditions along the area planned to be usedas transfer bay, etc. Consultant would have to undertake Design and Engineeringof infrastructure planned to be added at the Launch site and transfer bay and
also civil infrastructure required in water adjacent to the quay wall. The broadscope would include the following activities.
4.1.1. Technical analysis of the site to assess soil condition4.1.2. Infrastructure and utilities planning4.1.3. Master Plan and Building Plan for the facilities4.1.4. Design of proposed facilities4.1.5. Environmental Management Planning & Analysis of environmental impact
assessment of facilities4.1.6. Requirement Assessment for Services (Telecommunication & Networking /
Fire Fighting / Pollution control Measures/Drainage)
-
8/13/2019 tender_no_4000000089
17/30
Tender no. 4000000089
Page 17 of 30
4.1.7. Model study analysis for siltation pattern.4.1.8. Civil infrastructure adjacent to Quay Wall in water front area and
requirement of capital dredging, if any.
5. Equipments & Machinery5.1. Consultant would be required to identify key equipments and machinery that are
essential to facilitate launching of Submarine at the Alcock yard. Considering theoptimum utilization of the facility and return on investment, these equipments
could either be owned by MDL or it could be chartered from 3rd party serviceproviders at the time of need. The details of equipment manufacturers ofequipments which are to be owned, has to be listed down with the pricing andwith the budgetary quote from the equipment manufacturer. In the same way thedetails related to ownership, charter hire rate and lead time for equipments whichare available on the charter hire in the local vicinity is to be provided to MDL bythe consultant. Following are the key activities to be undertaken at this stage.
5.1.1. Optimize the use and number of equipments to be procured and chartered byMDL.
5.1.2. Based on the frequency of the launching (2 launches in a year) and roll in ofsubmarine for repair, undertake sensitivity analysis to arrive at optimumnumber of equipments to be procured and chartered
5.1.3. Work out the cost benefit analysis of chartering and owning equipmentswhich are readily available in the market. Preference to be given if theequipments are available around Mumbai
5.1.4. Identify key equipments to be purchased/ chartered.5.1.5. Prepare a detailed specification for the equipments and machinery including
transporters and barges5.1.6. Identify manufacturers of these equipments and machinery with details
related to the plants, service centres, etc5.1.7. Any additional requirements viz. power supply, compressed air etc.
6. Marine Infrastructure6.1.1. Water Depth in the vicinity of the launching6.1.2. Bathymetry study in front of the jetty and the channel6.1.3.
Civil infrastructure in water adjacent to the quay wall.6.1.4. NDT of the Jetty and evaluation of mechanism to repair and maintenance.
7. Different schemes for launching7.1. In case of recommendation of any of the methods, MDL requires custom built
facility with basic design parameters of the components/equipments. Theconsultant is required to arrive at an optimum dimension of the recommendedfacility which would facilitate safe launching of submarine. Broadly, the followingare to be confirmed.
7.1.1. Based on the classification requirements, identify the key dimensions.7.1.2. List all the risks associated with launching of submarine using the method
and advise on the risk mitigating measures7.1.3. Identify key equipments and machinery which would form part of the scheme.
Assess availability of safety and adequate backup facility and collect costs ofsuch equipments and machinery from the suppliers
7.1.4. Prepare broad specification of the facility describing technical and functionalrequirement. The specification should contain details essential for invitingbids from vendors/contractors.
7.1.5. Prepare the list of activities to be undertaken during submarine rollout at theAlcock yard and final float-off operation at the Naval Dockyard. The templateshould also include the stability condition assessment of the facility duringthe entire operation
-
8/13/2019 tender_no_4000000089
18/30
Tender no. 4000000089
Page 18 of 30
7.1.6. Prepare the safe operating guidelines for transportation of submarine fromAlcock yard to Naval Dockyard during different sea state
7.1.7. Prepare checklists to supervise and monitor the submarine load outoperation, transportation and float out at the Naval Dockyard or NavalAnchorage.
8. SPMT8.1. MDL is in process of acquiring Self Propelled Modular Transporters (SPMT) for its
existing operations for shifting of sections with in the yard. MDL has alreadyplaced order for procurement of SPMT of total capacity of around 750 MT.Detailed specification of the SPMT under procurement is as under-
8.1.1. No. of modules- 04, each module of 6 axles.8.1.2. Model PWT- N Series8.1.3. Make: TTS Handling Systems AS Norway.
8.2. Consultant at the stage of Detailed Project Report (DPR) preparation shouldestimate the optimum number of transporters (SPMTs) required to beprocured/chartered in addition to the existing SPMT being procured by MDL. Adetailed techno-commercial assessment on the type / specification and numberof SPMTs to be procured / chartered by MDL has to be assessed. Due careshould be taken while projecting so that these equipments are of compatiblespecification, lifting capacity and make, matching with the available SPMT with
MDL. Broadly, the following parameters to be prepared by the consultant.8.2.1. Prepare specification of SPMT to be procured or chartered based on the
technical, operational and commercial requirements8.2.2. Based on the different conditions related to launching of submarine from the
Alcock yard, work out optimum number of SPMT to be procured by MDL orchartered by MDL
8.2.3. Based on the current market conditions estimate the landed price ofprocuring SPMT.
8.2.4. Work out the cost of operating SPMT in different stage of workload (dependingupon number of deliveries annually) at the Alcock yard, Prepare cost benefitanalysis of owning and chartering of SPMT.
8.2.5. Assess the feasibility of charter hire of transporters locally by identifyingcompanies in India which uses SPMTs for transportation of Over-dimensionstructures with the use of SPMT weighing upto approximately 3000 T andassess their capability in undertaking launching/supplying for transportationat Alcock yard (on a turnkey basis).
8.2.6. Invite budgetary quotes for procurement or charter hire of SPMT by MDLclearly mentioning the lead time required.
8.2.7. Identify key risk factors associated with the use of SPMT and list down riskmitigation strategy.
8.2.8. Work out the cost of storing, upkeep and maintenance of SPMT, Vs Hire ofSPMTs.
8.3. A detailed analysis of the cost of owning and operating these equipments vis--vischarter hire of these equipments at the time of need has to be made. Consultantshould make a presentation to MDL on the results of this analysis and in
consultation with MDL, work out a scheme which should provide a breakup ofequipments which are to be owned and which are to be chartered.
9. Costing9.1. Invite budgetary quotes from all the civil contractors for civil/structural works.9.2. Invite budgetary quotes for building of barge/platform.9.3. Invite budgetary quotes from companies leasing SPMT and from SPMT Suppliers
for purchase.9.4. Invite budgetary quotes from companies which could undertake submarine
launching on turnkey basis
-
8/13/2019 tender_no_4000000089
19/30
Tender no. 4000000089
Page 19 of 30
9.5. Consultant should undertake a detailed cost benefit assessment on procurementand charter hire of various assets required for launching of submarine.Consultant should also identify companies in India and international marketwhich could undertake submarine launching on a turnkey basis.
9.6. The Consultant shall visit the site and if he/she has any doubts, the same shallbe got cleared from MDL Engineers in Capital Works Department beforesubmitting the offer.
10.The scope of work of the consultant is as follows-10.1. Carry out number of site visits as required.10.2. Study the topography and seafront available in the site of the proposed launching
system.10.3. Hold technical discussions with MDL officers and obtain depth chart.10.4. Prepare different possible schemes for launching.10.5. Each scheme should cover the following.
10.5.1. Civil works and structural works on land and in water.10.5.2. Transportation of boat from workshop to launching system.10.5.3. Type of launching including platform/ barge to be used, its dimensions,
securing arrangements, ballasting/ deballasting system required.10.5.4. Movement from seaward and landward side into and out of the launching
facility.
10.5.5. Electric power requirement and control system to be used.10.5.6. Make presentation to MDL on the above schemes and finalize the most
optimum/ suitable arrangement.10.5.7. Prepare final scheme for launching and make presentation to MDL on this
scheme.10.5.8. Prepare drawing and scope of work for the final scheme.10.5.9. Working area for the contractor (while taking up the actual work) to be
identified10.6. Prepare Detailed Project Report on final scheme, consisting of :
10.6.1. Scope of work including Time lines (activity wise) taking into considerationthe contract interfaces and sequencing of placement of orders for variousactivities as envisaged by the consultant.
10.6.2.
Design calculations for the civil / marine infrastructure of the approved/accepted scheme.10.6.3. Drawing of Launching System10.6.4. Cost Estimate.10.6.5. Recommended list of contractors who can undertake the job including civil
works.10.6.6. Recommended operating procedures of the system.10.6.7. Recommended maintenance routines of the system.
10.7. Submit four prints and one soft copy of DPR to MDL.10.8. The consultant would assist MDL in preparation of tender document for the
actual work including Civil and bought out items.10.9. The consultant would assess the offers and supervise the work leading to the final
facility.
10.10.The consultant would assist / supervise the first load out.11.Duties of Consultant
11.1. Pre-construction Stage11.1.1. Consultant shall prepare detailed structural / RCC drawings, marine spread
etc. and get the same approved from statutory authority(s), if required.11.1.2. After such approval, consultant shall prepare market rate estimate for all the
works included in the scope of work of tender by preparing the rate analysisfor all the items based on the prevailing market rates for materials and thelabour as per the Standard Rate Analysis Handbook or as per scheduled of
-
8/13/2019 tender_no_4000000089
20/30
Tender no. 4000000089
Page 20 of 30
rates published by CPWD/PWD/MbPT/BMC. The tender amount needs to becompared with this market rate estimate and furnished to MDL along withrecommendations for acceptance of tender.
11.1.3. Consultant shall submit 3 sets of drawing and estimates to MDL along withthe total programme / bar chart or CPM network.
11.1.4. On receipt of the work order, the Consultant shall prepare the detailedworking drawings in consultation with MDL Engineers as per theirapproved scheme. A detailed Bill of Quantities (BOQ) and item wise
estimate shall be worked out from the drawings and submitted to MDL forapproval.
11.1.5. On receipt of approval from MDL, the Consultant shall prepare the tenderdocuments, in two bid system for the renovation work, including detailedscope, methodology, general conditions & special conditions of contract etc.in consultation with MDL Engineers.
11.1.6. The Consultant shall be associated with the opening of the tenders. Afteropening the technical bids received, the bids shall be scrutinised by theConsultant. They shall study the conditions of the tenderers and dependingon the qualifying criteria & merit, the list of technically qualified Contractorsshall be recommended to MDL for approval. After opening of the price bids ofthe technically qualified Contractors, they shall study the rates of thetenderers, prepare a comparative statement with the justified rates based on
any Standard Schedule of Rates / Market Rates with detailed analysis andsubmit their recommendations to MDL for approval.
11.2. Construction Stage (Project Management Services)11.2.1. After the award of work, the consultant shall issue the detailed working
drawings to the contractor for the execution of work as may be necessary11.2.2. The consultant shall post, at site, competent and qualified resident engineer
at his own cost who has good knowledge and experience in civil engineeringfield. The resident engineer shall supervise the work at site and approve testof the materials, shall take the joint measurements of completed items
jointly with MDL engineer, certify the bills, etc.11.2.3. The consultant shall be solely responsible for any bad workmanship
defective material, etc.
11.2.4. In general, following shall be the duties of resident engineer;(a) Inspect the material brought at site by the contractor.(b) To prepare monitoring system by way of PERT, CPM method so as to
anticipate the critical activity and take remedial action in advance, fortimely completion of work.
(c) To ensure the quality of work as per standard norms and IS Code, etc.(d) To take joint measurements with the representatives of the contractor
and MDL engineer, as per relevant IS Codes for measurement of works.(e) To certify the bills of the contractors within the stipulated period after
detailed verifications / scrutiny.(f) A senior manager / partner / proprietor or the consultants firm shall
visit the site periodically on weekly basis to monitor the progress. Noextra charges shall be paid for such visits.
(g) MDL reserves the right to change the resident engineer if foundincompetent.
11.3. Post-construction Stage11.3.1. After the works are complete, the Consultant shall submit the As Built
Drawings to civil authority like MCGM / MbPT, as required, to obtainCompletion Certificate / Occupancy Certificate. They also shall submit 2sets of As Built Drawings along with one set of soft copy on CD (AutoCAD
-
8/13/2019 tender_no_4000000089
21/30
Tender no. 4000000089
Page 21 of 30
2000 Format) to MDL for their records. The Consultant shall also submit thestatement showing the final completion cost which will take into account thematerials issued by MDL at stipulated rates or free of cost, if any.
11.3.2. Consultant shall also resolve any dispute between the contractor and MDLefficiently and assist MDL for the arbitration, if it is inevitable.
12.TIMELINES:SL DESCRIPTION TIMELINES
(MONTHS)PRE-CONSTRUCTION STAGE
1. Submission of Feasibility Report including Geo-technicalinvestigation, Site Survey & NDT Tests as required along withrecommendations.
D+2
2. Submission and approval of Detailed Project Report comprisingdesign documents, project schedule, deployment of personnel forsupervision till completion and handing over.
D+4
3. Submission of detailed cost estimates for civil, structural, marine,associated electrical & mechanical works, tender documents,technical specifications etc.
D+6
4. Evaluation of Technical Bid and submission of Report withrecommendations.5. Evaluation of Price Bid and submission of Report with
recommendations.6. Completion of all activities leading to award of Contract.
D+10
CONSTRUCTION STAGE7. Project Management Services along with Supervision of Work by
deploying adequate competent resident staff and all other itemscovered by the Consultancy agreement (Payable proportionatelyto the percentage progress of work based on the certified RAbills of the Construction Contractor)
D+11 toD+24
POST CONSTRUCTION STAGE8. Satisfactory completion and acceptance of the project as per the
agreement including all consultancy services leading to thecompletion of entire work, obtaining necessary approvals fromrequisite authorities, handing over documents/ reports, submissionof As built drawings, Stability Certificates.
9. On successful completion of launching of one Submarine from thefacility under supervision of the Consultant including impartingnecessary training to MDL engineers/operatives etc.
D+25
D Date of Consultancy Agreement
-
8/13/2019 tender_no_4000000089
22/30
Tender no. 4000000089
Page 22 of 30
Enclosure-2
FORM OF UNDERTAKING TO BE FURNISHED BY THE BIDDER
To,The Additional General Manager (CW-Comm),Mazagon Dock Limited,Dockyard Road, Mumbai-400 010.
Sir,
Sub: Consultancy Services for creation of Submarine Launch Facility at AlcockYard, Mumbai, India.
Ref: MDL Tender No. 4000000089 dated 30thDecember, 2013
1. We undertake to complete the entire scope of services within the schedule stipulated inthe tender. In this regard, we have visited the site at Alcock Yard, MDL, Mumbai andclearly understood the scope of work to be rendered under the above referred tender.
2. We have independently considered the amount of damages indicated in the tender andagree that it represents a fair estimate of the loss likely to be suffered by you in the event
of work(s) found faulty in design or execution or in the event of delay in execution ofwork attributable to us.
3. We agree to abide by this Tender for a period of 180 days from the date fixed for receivingthe same and it shall remain binding upon us and may be accepted at any time beforethe expiry of this period.
4. We agree to furnish required Bank Guarantee towards Contract Performance for 10% ofcontract value, valid till 30 days beyond the actual completion of the contract.
5. Unless and until a formal Agreement or Order is prepared and executed, this tendertogether with your written acceptance thereof, shall constitute a binding Contractbetween us.
6. We understand that if our Tender-Bid is accepted, we are to be jointly and severallyresponsible for the due performance of the Contract.
7. We understand that you are not bound to accept the lowest or any Tender you mayreceive.
Dated this ______________________________ day of ___________________(year)
Signature_____________________________ in the capacity of _____________________
duly authorised to sign Tenders for and on behalf of________________________________
_______________________________________________________________________________
(IN BLOCK CAPITALS)Witness:
Signature___________________________ Address of Witness___________________________
Name ____________________________ Occupation _______________________________
-
8/13/2019 tender_no_4000000089
23/30
Tender no. 4000000089
Page 23 of 30
Enclosure-3
RTGS/NEFT/ECS MANDATE AUTHORISATION FORM
1. Suppliers / Vendors Name:
2. Suppliers / Vendors Name as per Bank Records:
3A. Suppliers Code 3B. Suppliers PAN Number: #
# Quoting PAN No. in all the e-returns has become 100% mandatory w.e.f. 14-02-2008 hence, ensureto fill- up this and also send a photocopy of PAN duly self-attested. If there is any difference betweenthe name given in the suppliers name and name given in the PAN card, then a note to explain thereason for the difference and the correlation between both.
4. Suppliers / Vendors Complete Postal Address:DoorNo.
Street:
Location:
District:
City: State PIN
5. Suppliers / Vendors E-mail ID:
6. Suppliers / Vendors Telephone Number & Mobile Phone Number:M
7. Name of the Bank:
8. Bank (Branch) Postal Address:
9. RTGS*/NEFT** /MICR- Code of the Branch:RTGS:
NEFT:
MICR:
RTGS* - Real Time Gross Settlement, NEFT** - National Electronic Fund Transfer. MICR-MagneticInk Recognition Character
These IFSC Codes are unique numbers of each Branch Indian Financial Services Code. Forsome Branches both the codes are the same and some Banks, may maintain one Code No. for RTGSand 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 twoaccounts)Saving BankAccount:
Cash Credit Account: Current Account:
11. Bank Account Number of the Supplier:
Fill up from the 1stcolumn. 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 isdelayed for reasons of incomplete or incorrect information, we would not hold MDL responsible.
Date: Suppliers 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: Banks Stamp Authorized Signature of the Officer of the Bank.
-
8/13/2019 tender_no_4000000089
24/30
Tender no. 4000000089
Page 24 of 30
Enclosure-4
PROFORMA BANK GUARANTEE FOR BID BOND / EMD
WHEREAS M/s __________________________________ intend to submit a tender (herein aftercalled the Tender) to M/s Mazagon Dock Limited (MDL, hereinafter named Company) for theinvitation to tender by MDL vide reference no.: ____________ dated:_____________ for therequirement of _____________ (items/services/civil works etc.)
Now, by this letter, we the undersigned (Banks Name and address) whose registered office isat: _______________________________________________bind ourselves unconditionally and
irrevocably for payment to M/s Mazagon Dock Limited of the sum of `____ Crore (Rupees________________ Only) as Earnest Money Deposit to indemnify MDL in case of default. Theconditions of the above obligations are such that if M/s____________________________ shallnot keep their Bid being submitted to Mazagon Dock Limited as set forth in the instructionsto Bidder valid and unaltered until *** months from the due date __________ of the tender,viz._____________ refused to sign a formal agreement in accordance with the terms of thetender or after having signed the agreement does not perform the ORDER / CONTRACT,then this obligation remains in full force and effect, Other wise to be null and void.
In case this obligation is effective, we, (Banks Name) undertake to pay to M/s.Mazagon
Dock Limited any amount upto the above indicated sum, upon written request, without anydemur or protestation and without reference to M/s__________________________within 15days from the date of such demand in any manner in which the Company may direct andalso without the necessity of instituting and proceeding whether judicial or otherwise, at anytime upon the ORDER / CONTRACT committing any one or more of the following:
(a) Withdraws his tender during the validity period or any extension sought /grantedthereof, or(b) If the ORDER / CONTRACT varies or modifies his bid in a manner not conforming to
Tender Conditions and / or not acceptable to MDL during the validity period or anyextension of the validity duly agreed to by the bidder, or(c) If a bidder whose offer has been accepted fails to furnish Performance Bank Guarantee
within Twenty one days of award of the ORDER / CONTRACT or by the date Mutuallyagreed to whichever is later.
We, (Banks Name), agree that our liability to pay is not dependant on conditions on yourproceedings against the ORDER / CONTRACT and we shall be liable to pay an amount notexceeding the aforesaid amount as and when demanded by you merely on claim being raisedby you and even before any legal proceedings are taken against the ORDER /CONTRACT.
We, (Banks Name) , undertake not to revoke this guarantee during its currency except withthe previous consent of the Purchaser in writing. The guarantee herein contained shall notbe revocable by notice or by reasons of dissolution or winding up of the business of theORDER / CONTRACT or any change in the constitution or composition of the ORDER /CONTRACT.
This guarantee shall remain valid, in case the Tender is accepted, until the due performanceof the ORDER / CONTRACT resulting from such acceptance inclusive of furnishing SecurityDeposit in a manner specified by MDL and in any other case until_____________ unless aclaim or demand is made on us in writing on or before (validity + ---- weeks), we will berelieved and discharged from all liability thereunder.
We, (Banks name) have power to issue guarantee in your favour under Memorandum andArticles of Association and the undersigned has full power to do so under the Power ofAttorney dated ____________ granted to him by the Bank.
-
8/13/2019 tender_no_4000000089
25/30
Tender no. 4000000089
Page 25 of 30
After the here above mentioned date, the Guarantee shall lapse automatically withoutnecessity to be returned to the Bank.
This guarantee shall be governed by Indian laws and the Courts at Mumbai, India aloneshall have the jurisdiction.
Date: Signature of a person duly authorized to signOn behalf of the Bank, with Seal of the Bank
-
8/13/2019 tender_no_4000000089
26/30
Tender no. 4000000089
Page 26 of 30
Enclosure-5
PROFORMA FOR PERFORMANCE BANK GUARANTEE
1. In the consideration of Mazagon Dock Ltd., Mumbai, a company registered underthe Indian Companies Act, 1913 (Hereinafter called The Company) which
expression shall include, unless otherwise stated, its successors and assignshaving entered into a contract for the work of
_______________________________________________at_______________________________________(hereinafter referred to as the saidContract) with M/s. __________________an existing company / Firm within the
meaning of the Companies Act, 1956 / Partnership Act -------, and having itsregistered / Principal office at ______________(address) _______________ (hereinaftercalled The Contractors which expression shall include its successors andassigns) and whereas at the request of the Contractor, We
______________________________(Bank)_____________________________Herebyunconditionally agree to pay upto a sum of (Specify Currency Rs. etc)____________(Specify Currency Rs etc.
________________________________________________________) to the Employer against
all losses, damages, expenses or otherwise that may be caused to or suffered by
the Employer by reason of any breach by the Contractor of any of the terms andconditions of the said contract and / or the performance thereof. We agree thatthe decision of the Company, whether any breach of the terms and conditions ofthe said contract and / or any failure in contract performance thereof has beencommitted by the contractor and the amount of loss, damage cost, expenses orotherwise that has been caused or suffered by the Company shall be final andbinding on us and the amount of the said loss, damages, costs and expenses or
otherwise shall be paid by us forthwith on demand to the Company without anydemur or protest.
2. We, ____________(Bank)_________________________ further agree that the guaranteeherein contained shall remain in full force and effect during the period that would
be taken for satisfactory performance and fulfillment in all respects of the saidcontract which consists of the work of _______________________________ providedalways that before the expiry of the date of validity of the guarantee herein
contained, we shall, from time to time on being called upon by the contractor onlywith the mutual consent of all the parties to the guarantee, extend the date ofvalidity thereof for a period of six months on each occasion and that if any claimaccrues or arises against us, by virtue of this guarantee before the said date asextended from time to time, the same shall be enforceable against us.Notwithstanding the fact that the same is enforced after the said date as extendedfrom time to time, provided that notice of any such claim has been given by theCompany before the expiry of six months from the said extended date, payment
under this Letter of Guarantee shall be made promptly upon our receipt of notice
to that effect from the Company. We further agree that any notice / demandsigned by the authority who has signed the contract on behalf of the Companyshall be accepted as a valid demand / notice for the purpose of this guarantee.
3. It is fully understood that this guarantee is effective from _________to___________and that we, ________________(Bank)______________ Undertake not torevoke this guarantee during its currency including the extended period without
the consent in writing of the Company.4. We ________(Bank)_________________ further agree that the Company shall have
the fullest liberty, without affecting in any manner our obligations hereunder to
-
8/13/2019 tender_no_4000000089
27/30
Tender no. 4000000089
Page 27 of 30
vary any of the terms and conditions of the said contract or to extend time ofperformance by the contractor from time to time or to postpone for any time orfrom time to time any of the powers exercisable by the Company against the saidcontractor and to forebear or enforce any of the terms and conditions relating tothe said contract and we ______(Bank)___________ shall not be released from ourliability under this guarantee by reason of any such variation or extension beinggranted to the said contractor or for any forbearance and / or enforcement on the
part of the Company or any indulgence by the Company or by any other matter or
thing whatsoever which under the law relating to sureties, would but for thisprovision have the effect of so releasing us from our liability under this guarantee.
5. We, __________(Bank)_________________________ further agree that the guaranteeherein contained shall not be affected by any change in the constitution of thesaid contractor or the Bank.
6.This guarantee will remain in force till _________________200-- or the extendeddate. Our liability under this guarantee is restricted to Rs. ________(Rupees
_____________________________________________) and it will remain valid upto_________________ unless a claim or demand is made on us in writing on or before(validity + 3 months), we will be relieved and discharged from all liability
thereunder.
7. We, ____________(Bank)_______________ further agree that the Employer shall be atliberty at its discretion to treat us, in all respect as though we were jointly andseverally liable to the extent of the said sum of Rs.________________ with thecontractor or debtors to the Employer instead of merely sureties for theContractors.
8.This Bank guarantee is subject to Mumbai jurisdiction.This _____________ day of ______________ Two Thousand __________
The Duly Constituted Attorney.Witness:1)2)
Manager: ________________For:
-
8/13/2019 tender_no_4000000089
28/30
Tender no. 4000000089
Page 28 of 30
Enclosure-6
EXTRACT OF PROVISIONS OF THE OFFICIAL SECRETS ACT, 1923
1 SECTION 2(B) ; PROHIBITED PLACEIt is defined as the place of any work of Defence Dockyard and other so belonging oroccupied and used for the purpose of building, repairing, making or storing any
ammunitions of war.
For the purpose of the above definition, sketch includes any photograph or othermode of representing any place or thing.
SECTION 3 : PENALTIES FOR SPYING
If any per unlawfully -
a) approaches, inspects, passes over or is in the vicinity of any clear place; orb) make any sketches intended to be directly or indirectly useful to an enemy ; orc) obtains, collects, records or communicates to any other person any secret
official code.
Shall be liable for imprisonment of 14 years in case of Defence Installation.
SECTION 4 : COMMUNICATION WITH FOREIGN AGENTS
If Any person has been in communication with or attempted to communicate withforeign agents regarding the vital information of any PROHIBITED PLACE would beguilty of violating the provisions of this Act.
SECTION 5 : WRONGFUL COMMUNICATION OF INFORMATION
If any person having in his possession or control any official document;
a) Willfully communicates to any person, other than a person, who is authorised tocommunicate it.
b) Used the information in his possession for the benefit of any foreign power.c) Retain in his possession when he has no power to retain itd) Fails to take reasonable care of it.
Shall be guilty of an offence under this Act.
SECTION 6 : UNAUTHORISED USE OF UNIFORMS
If any person for the purpose of gaining admission or of assisting any other person togain admission to a PROHIBITED PLACE wears uniforms without lawful authority
shall be guilty of offence under this Section.
SECTION 7 : INTERFERING WITH OFFICERS OF POLICE
No person in the vicinity of any PROHIBITED PLACE shall obstruct any PoliceOfficer engaged on guard, sentry or similar duty. If any person move in the provisionsof this section, shall be punishable with imprisonment, which may extend up to 3
years.
-
8/13/2019 tender_no_4000000089
29/30
Tender no. 4000000089
Page 29 of 30
SECTION 8 : DUTY OF GIVING INFORMATION
It shall be duty of every person to give on demand to a superintendent of Police or anyother Police Officer not below the rank of Inspector, any information in his powerrelating to an offence under this Act.
If any person fails to give such information, shall be punishable with imprisonment to3 years or fine or with both.
SECTION 9 : INCITEMENT
Any person who attempts to commit or debate the commission of an offence underthis Act shall be punishable with the same punishment and be liable to be proceededagainst in the same manner as if he had committed such offence.
SECTION 10 : PENALTY FOR HARBOURING SPIES
If any person whom he knows or has reasonable grounds for supposing to be personwho is about to commit or who has committed offence under this Act shall be guiltyof offence under this Section.
SECTION 11 : SEARCH WARRANTS
If a presidency Magistrate, Magistrate First Class or Sub-Divisional magistrate issatisfied with the information that there is reasonable ground for suspecting that anoffence under this Act has been or is about to be committed, he may grant searchwarrant to any Police Officer to enter at any time any premises to force to searchpremises or the places.
-***********-
-
8/13/2019 tender_no_4000000089
30/30
Tender no. 4000000089
Enclosure-7
PRICE BID PART-II(To be submitted online)
Sub: Consultancy Services for creation of Submarine Launch Facility at AlcockYard, Mumbai, India.
Ref: MDL Tender No. 4000000089 dated 30thDecember, 2013
Having visited the site, read the conditions for Consultancy services in the tender enquiryand Scope of work at Enclosure-1, we hereby offer our Professional Fees for ConsultancyServices for the subject work as under:
AmountSr.No.
Item Description UnitINR
ComponentForeign
Component(USD)
A. PROFESSIONAL FEE FOR THE PROJECT1. Professional Fee Lump
Sum
B. FEE FOR ADDITIONAL SERVICES (IF AVAILED BY MDL)1. Review and submission of Revised Cost
EstimateLumpSum
2. Re-evaluation of Technical Bid andSubmission of Evaluation Report
LumpSum
3. Re-evaluation of Price Bid and Submission ofEvaluation Report
LumpSum
Service Tax including Cess (Percentage)Total Amount (Including Service Tax & Cess)
Signature of Consultant:
Name and Address:Place:
Date: Official Seal