MAZAGON DOCK LIMITED (A Government of India Undertaking) Dockyard Road, Mazagon, Mumbai 400 010.

INDIA e-TENDER ENQUIRY FORM (TEF) Two-Bid System FOR APPOINTMENT OF TECHNICAL CONSULTANT DIVISION: CORPORATE TENDER NO: 4000000089 DEPARTMENT: CAPITAL WORKS TENDER DATE: 30th December, 2013

CLOSING DATE & TIME: 26th February, 2014 at 1430 Hrs (IST) Online Opening of Part-I (Techno-Commercial Bid): 26th February, 2014, 1431 Hrs (IST) onwards.

MAZAGON DOCK LIMITED INVITES ONLINE COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno-Commercial Bid and Part-II Price Bid) on our e-procurement portal https:\\mdl.nprocure.com for the following Work / Services:
Description of Work: Consultancy Services for creation of Submarine Launch Facility at Alcock Yard, Mumbai, India. 1. PREAMBLE: 1.1. Mazagon Dock Ltd. (MDL), hereinafter referred as Employer (Client), is a Public Sector 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 in two bids system i.e. Techno-Commercial Bid and Price Bid up to 1430 hrs on or before the tender closing date and time. 1.5. Bidders are requested to study the scope of services and other terms & conditions included in the tender prior to submission of their online offer. Necessary documents in support of experience and other requirements need to be submitted along 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

Tender no. 4000000089

3.2.

3.3.

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 to complete submission of their online bids in time on account of reasons such as SLOW SPEED OF SERVER, TECHNICAL PROBLEMS etc. will not be entertained and EXTENSION OF SUBMISSION TIME will not be granted on this account. In case any bidder intending to respond against the tender and is not having the DSC to facilitate uploading of his bid, should approach the Service Provider at least 10 working days in advance of the tender closing date requesting DSC. The request so made to the Service Provider should simultaneously be forwarded to MDL Dealing Officer. In case the DSC is not received within 3 to 4 working days, the Head of concerned Commercial Section is to be informed immediately by the bidder. If the bidder does not receive the DSC at least three working days prior to the closing date of the tender, suitable extension to the tender closing date shall be considered at the request of the concerned bidder. Bidders desirous of modifying their bids may do so online prior to the tender closing 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 3 years ending 31st March, 2013 for at least ` 1,00,00,000/- OR US$ 161,425/-, duly self attested and stamped with their company seal. 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 Profile 4.2.2. 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/- OR US$ 161,425/-, duly self attested and stamped with their company seal. 4.2.4. List of Personnel with their designations, Qualification & Experience duly 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; or 4.3.2. By a Partner, in case of a partnership firm and/or a limited liability partnership; or 4.3.3. 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:

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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 OR Ships OR Single Unit of length more than 70 metres, each weighing not less than 1500 MT (from land based workshop to a platform in sea) including Design, Planning & Supervision for creation of necessary infrastructure to facilitate such launching.

5.1.2. Bidders should have made profits in each of the last Three (03) Financial Years ending on 31st March 2013. 5.1.3. For establishing the above qualifying requirements, Bidders shall have to submit 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 capital use 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 by the Party for whom the work is done, in respect of Similar Projects successfully completed by them. The documents shall be duly self attested & stamped. Note: MDL reserves the right to demand hard copy(s) of any of the above documents along with originals to verify / cause verification of authenticity of the same, whenever felt necessary. 5.1.6. Bidders should satisfy the qualifying criteria on their own merits and not as a sum total of their sub-agencies like Joint Ventures / Consortium / MOU for this 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) are therefore 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: cwcomm@mazagondock.gov.in for 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 those costs, regardless of the conduct or outcome of the tendering process including cancellation 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 queries in writing either by email to cwcomm@mazagondock.gov.in or send them by post/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
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8.2.

Tel: +91 22 2372 5090/ 2376 4221 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 MAZAGON DOCK 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 to its realization. 9.3. Foreign Bidders shall furnish a BID BOND of equivalent amount in US Dollars in the format enclosed. The instrument should be in the form of a Bank Guarantee from any reputed International Bank having operations in India or any reputed Indian Bank, having operations in the country of origin. 9.4. The Bid Bond / Bank Guarantee should be valid for 210 Days from the Tender Closing Date. 9.5. The details of EMD/Bid Bond viz., EMD Amount, Mode of Payment, Instrument Number, Instrument Date & Bank Details are to be filled in the relevant form appearing online. Scanned Copy of the instrument towards EMD is to be uploaded. 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 reach the designated addressee within 07 Days from the closing date of the tender during office working hours i.e. up to 1730 hrs. Timely submission of the original EMD/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 stipulated period of 07 Days from the closing date of the tender, the Bids / Offers will not be considered. 9.8. EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free. 9.9. EMD of successful bidder(s) will be returned after submission of Security Deposit and 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 validity of 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 be considered 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 are registered with NSIC). To qualify for EMD exemption, firms should necessarily submit 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 EMD exemption.

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10.4. All Micro & Small Enterprises (MSEs). To qualify for EMD exemption, firms should necessarily submit valid copy of the Registration Certificate alongwith the list of items / services for which they are registered, issued by the Competent Authority regarding their Micro/Small Industry status, in Part-I offer / bid. Firms in the process 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 Days after 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 thereafter shall 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 portal https:\\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 as applicable against each of the listed item but clearly indicating the applicable taxes included in the quote in the prescribed format shall be uploaded in online Part-I bid . iv) Deviations, if any, from Terms, Conditions & Technical requirements specified in the Tender Enquiry, with reasons thereof shall be clearly indicated against the relevant clause(s) in the form. v) Bidders shall fill the details of their annual turnover in the form appearing online and upload scanned copies of Audit certified Balance Sheets & Profit/Loss Accounts for the relevant years in Part-I bid. vi) Bidders Undertaking at Enclosure-2 shall be duly filled in, signed & stamped with company seal and scanned copy of the same shall be uploaded in online Part-I bid. vii) Scanned copy of Bank details for payment by NEFT/RTGS/ECS at Enclosure-3, duly filled in, signed & stamped by the bidder and authenticated by the Banker shall be uploaded in online Part-I bid. viii) Copy of Service Tax Registration Certificate & Permanent Account Number (PAN). ix) Bidders not permanently registered with MDL shall comply with the following: 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 by Registrar of Companies, duly self attested and stamped with their company seal in online Part-I bid. c) Upload bio-data of key Personnel and technical team with their designations, Qualification & Experience duly self attested and stamped with their company sea in online Part-I bid. x) Bidders registered with Mazagon Dock Limited shall upload scanned image(s) of Valid Registration Certificate issued by MDL. xi) Bidders registered with NSIC in the relevant category as defined in the similar work shall upload scanned image(s) of Valid Registration
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Certificate alongwith the list of items / services for which they are registered with NSIC. xii) The scanned image of DD / BG towards Earnest Money Deposit (EMD) / BID BOND as stipulated in TEF clause no. 8 shall be uploaded. The original of the above DD / BG towards Earnest Money Deposit (EMD) / BID BOND shall be sent by Registered Post/Speed Post/Courier/Airmail to AGM(CW-Comm) in a sealed envelope super scribing Tender Enquiry No. and Due date, so as to reach within 07 Days from 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, India Tel: +91 22 2372 5090/ 2376 4221
12.1.2. Part-II (PRICE BID): i) The rates of Professional Fee(s) are to 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), who wish to remain present during the tender (Part-I) opening, should nominate on their company letterhead the name and designation of one person authorised to remain present at the time of opening the bid and send this letter so as to reach the 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 the portal https:\\mdl.nprocure.com. 13.2. Part-II (Price Bid): After completion of Technical scrutiny, intimation for opening of Part-II bid will be communicated only to technically accepted bidders. Such intimation 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 bidder wishes to remain present at the time of opening the Price Bid, he may depute one representative with proper authorization letter on their company letterhead. However, the bidder can view the tender online by logging their user id on the portal 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 07 Days from the closing date of the tender during working hours i.e. up to 1730 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 of the bids even after given reasonable time by MDL. 14.2.2. Incomplete / misleading / ambiguous bids in the considered opinion of MDL. 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.

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14.2.5. Bids not meeting the pre-qualification parameters stipulated in the tender enquiry. 14.2.6. Validity period indicated by bidders is shorter than that specified in the tender enquiry. 14.2.7. Bidders not agreeing to furnish required Security Deposit / Required Contract Performance Guarantee till completion of the supplies / services as 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 same shall be completed within a period of 10(TEN) MONTHS from the date of work order issued to the Consultant. 15.2. Post-tender activities i.e. from the award of the Contract to the Construction Contractor till the completion of entire work and certification of Final Invoice shall be 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 PRE-CONSTRUCTION STAGE On submission of Feasibility Report including Geo-technical investigation, Site Survey & NDT Tests as required along with recommendations. On approval of Detailed Project Report comprising design documents, project schedule, execution/supervision plan including deployment of personnel etc. till completion and handing over. On submission of detailed cost estimates for civil, structural, marine, associated electrical & mechanical works, tender documents, technical specifications etc. On receipt of the final tender appraisal report, prepared after obtaining all the clarifications, discussions, correspondence with MDL, scrutiny of tender, comparative statement, discussions with contractor, correspondence, if any, leading to placement of order on the works contractor. Completion of scrutiny of Technical Bids and submission of Evaluation Report. Completion of evaluation of Price Bids and submission of Report along with Comparative Statement/recommendation. Completion of all activities leading to award of Contract. CONSTRUCTION STAGE Project Management Services along with Supervision of Work by deploying adequate competent resident staff and all other items covered by the Consultancy agreement (Payable proportionately to the percentage progress of work based on the certified RA bills of the Construction Contractor) POST CONSTRUCTION STAGE On satisfactory completion and acceptance of the project as
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PAYMENT SCHEDULE 05%

1.

2.

10%

3.

10%

4.

4.1. 4.2. 4.3. 5.

07% 05% 03% 40%

6.

10 %

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7.

per the agreement including all consultancy services leading to the completion of entire work, obtaining necessary approvals from requisite authorities, handing over documents/ reports, submission of As built drawings, Stability Certificates. On successful completion of launching of one Submarine from the facility under supervision of the Consultant including imparting necessary training to MDL engineers/operatives etc. (Note: Advance intimation of at least 03 months will be given to the Consultant for preparatory work prior to Launching 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 of receipt of the Invoice in the offices of Mazagon Dock Limited with all necessary documents, including Work Completion Certificate duly certified by the designated representative of Capital Works Department, required for processing the same. The final bill shall be paid within 45 days of receipt of the bill along with all details. 16.4. Before submission of the final bill, the Consultant should sign a "No Claim Certificate" indicating that he has no claim against the company under the contract except as included in the final bill. 16.5. All payments due to the Consultant will be made through RTGS/NEFT/ECS as per the details of Bank Particulars furnished for payments as per format at Enclosure-3. 17. PRICES AND TAXES: 17.1. Indigenous Bidder: 17.1.1. Rates of Professional Fee(s) in the prescribed Rate Sheet (Price Bid) shall be quoted ONLINE ONLY. The quoted Professional Fee shall be allinclusive except applicable Service Tax (including Cess). Bidder should indicate the percentage of Service Tax (including Cess) separately under each of the head as appearing online in the Rate Sheet (Price Bid), which will 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 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. 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 at the selling exchange rate on the date of opening the price bids, as published by the The Economic Times. If the date of opening the price bids happens to be a non-transaction day, the exchange rate on immediate previous working day will be adopted. 17.2.3. The quoted Professional Fee shall be all inclusive of all taxes and duties applicable in their country. However, Service Tax (including Cess) as applicable 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
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submit Tax Determination Certificate issued from Income Tax Department. 17.2.5. Tax, if any, payable by MDL on behalf of the Consultant shall be loaded to 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 Schedule shall be fixed for Project period of 25 months from the date of placement of order for the consultancy. Escalation shall be considered only for the balance work executed after the scheduled project completion period of 25 months, provided that MDL is satisfied that the delays in execution of the project are beyond the control of the Consultant. 18.3. Escalation shall be worked out proportionately to the rise/reduction in All India Consumer Price Index (Urban) released by the Central Statistics Office, Ministry of Statistics and Programme Implementation, Govt. of India. The base index shall be that applicable on the date of expiry of the overall completion period of 26 months from the date of placement of Consultancy Order in respect of Indian Consultants or INR component in respect of overseas consultant. In respect of Foreign Currency (US Dollar component), the rise/reduction in Cost Index published by the Government of the Consultants country of origin shall be applicable for working out escalation. 18.4. The base index shall be that applicable on the date of expiry of the overall completion 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 successful bidder. 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 towards contract performance, valid till 30 days beyond the actual completion of the contract. 20.2. In case of delays in submission of the Bank Guarantee, MDL reserves the right to charge 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 error in design / drawings / specifications, etc. or any other cause attributable to Consultant, the Consultant shall be liable for appropriate damages (not exceeding 5% of the total fee payable under the consultancy agreement) to MDL. The decision 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 Consultant at his own cost.

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23. ARBITRATION: 23.1. Arbitration clause applicable to CPSUs: 23.1.1. In the event of any dispute or difference between the parties hereto, such disputes or differences shall be resolved amicably by mutual consultation or through the good offices or empowered agencies of the Government. If such resolution is not possible, then the unresolved dispute or difference shall be referred to arbitration by Permanent Machinery of Arbitrators in the Bureau of Public Enterprises in terms of Office Memorandum No.15/9/86BPE(FIN) dated 30.3.1989 issued by the Ministry of Industry, Bureau of Public Enterprises and as modified from time to time. The Arbitration and conciliation Act 1996 shall not be applicable to arbitration under this clause. The Arbitrators fee and cost incurred in arbitration shall be borne equally by both the parties. i) The venue of arbitration shall be Mumbai. India ii) 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 dispute provided, however, any party disagree to buy such award may make further reference for setting aside or revision of the award to the Law Secretary Department of Legal Affairs, Ministry of Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary when so authorized by the Law Secretary, 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 these presents or concerning anything herein contained or arising out of these presents or as to the rights, liabilities or duties of the said parties hereunder which cannot be mutually resolved by the parties, the same shall be referred to the sole Arbitrator appointed by the CMD, MDL. The Sole Arbitrator shall on matters referred to him / her indicate the reasons for his finding on each and every item of disputes. The venue of the Arbitration shall be Mumbai. Subject to above, The Arbitration will be governed by the provisions of Conciliation and Arbitration Act, 1996, as amended 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's principal place of business (or in the event of the Consultant being a company, to its 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 be during the subsistence of the agreement.

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26.2. The Consultancy Firm and or any of its affiliates, hired to provide Consultancy services for preparation or implementation of a project will be disqualified from subsequently supplying items or services related to the initial assignment for the 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 Consultants fees quoted by them will be restricted to the proportionate work rendered by them upto 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 of the services shall be confidential and shall be the absolute property of MDL. The consultant shall deliver all these materials, data to MDL upon completion of the work 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 confidential information disclosed to them for the purpose of services or disclosed by them in the course of rendering the services, nor shall the consultant or their personnel make public any information as to the recommendations formulated in the course of 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 for change of the personnel deployed by the consultant if their services are found to be 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 losses and or injury arising out of any negligence and or violation by the consultant in respect of drawings/ infringement of patent rights/ failure to exercise the skill and care required for performance of the assigned work by making good such damages to the property, setting right the design deficiencies, setting right the infringement of patent rights, compensating personal injury. Provided, however, ceiling on Consultants 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 to Final 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 to contact him on Wednesday between 10:00 hours and 12:30 hours in his office on 6th Floor, Mazadock House or send their complaints / grievances to him in writing for redressal. His Telephone No. is 2378 2338/ 2376 2106.
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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 a prospective Bidder may modify the Bidding Documents by amendment. In order to afford prospective Bidders a reasonable time in which to take the amendment into account in preparing the bids, MDL may extend the deadline for the submission of bids. 35. IMMUNITY OF THE GOVERNMENT OF INDIA: 35.1. It is expressly understood and agreed by and between M/s. (Bidder) and Mazagon Dock Limited, Dockyard Road, Mumbai - 400 010 (MDL) that finalisation of contract by MDL will be solely on its own behalf and not on the behalf of any person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this Agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that MDL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable Laws of India and general principles of Contract Law. The (Bidder) expressly agrees, acknowledges and understands that MDL is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions and commissions, breaches or other wrongs arising out of the contract. Accordingly, (Bidder) hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue Government of India in any manner, claim, cause of action or thing whatsoever arising of or under this Agreement. 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 activities other 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 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 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. A Detailed procedure for Security Passes is displayed on MDLs website www.mazagondock.gov.in Tenders Capital Works. BIDDERS ARE REQUESTED TO NOTE THE SAME FOR COMPLIANCE. NO RELAXATION SHOULD 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

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writing of the Employer. All persons employed or allowed on the Site shall at all times conform to all regulations laid down by the Employer for personnel employed 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 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. 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 for execution of the contract. The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any personnel in the employment of the consultant save and except an accident or injury resulting from any act or default of the employer, his agents or servants and the consultant shall indemnify and keep indemnified the employer against all such damages and compensation (save and except as aforesaid) and against all claims demands proceedings, costs charges and expenses 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-TechnoCommercial (Part-I) bid. The bidder shall also abide by Statutory requirements, Official Secret Acts 1923, and Safety Code, which are displayed on MDLs website www.mazagondock.gov.in Tenders 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 to bidder. 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-free customer help line of e-procurement portal https://mdl.nprocure.com. User guide is available on the home page of the above-referred web site. In addition to 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 is conducted 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 email id: cwcomm@mazagondock.gov.in 46. PARTICIPATION IN ONLINE BIDDING: Bidders can participate in online bidding 46.1. 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
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Commercial Terms, the Price Bids of such bidders shall be loaded for ranking of bids to judge the Lowest (L1) bidder as detailed below: 47.2. It is desirable that the bidder accepts the Terms of Payments indicated in the tender enquiry above. Varied payment terms quoted by indigenous bidders as compared to the terms stated in the Tender document shall be normalized by adopting the Prime Lending Rate of State Bank of India plus 2% thereon on the amount (s) at variation and / or for the period (in no. of days) at variation and LIBOR/ EURIBOR rates in case of foreign bidders. 47.2.1. For the additional delivery period sought by the bidder over the stipulated date of delivery as per Tender, 0.50% per completed week may be loaded to the quoted price. 47.2.2. Deviations sought in respect of rate per week and / or maximum ceiling in respect of liquidated damages shall be loaded to the quoted price. For example, the maximum ceiling towards liquidated damages stipulated in the Tender is 5% and the bidder seeks to limit it to, say 3.50% then the price quoted will be loaded by 1.5%. If the rate of LD per week is 0.50% per week or part thereof as per tender and the bidder seeks it as, say, 0.40% per week or part thereof, the maximum ceiling on LD as per tender will first be equated to weeks (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 the stipulated clause. 47.2.3. Bidder(s) are advised to peruse the loading criteria thoroughly and understand the same. In case of doubt, bidders are required to get clarification on the same prior to submission of their bid(s). Revision of price bids 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 to more than one party 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. We look forward to your participation in on-line bidding by offering your most competitive and reasonable bid against this tender.

Yours faithfully, For MAZAGON DOCK LIMITED,

Dy. General Manager (CW-Comm) Capital Works Department Enclosures: 1. 2. 3. 4. 5. 6. 7. Enclosure-1 Enclosure-2 Enclosure-3 Enclosure-4 Enclosure-5 Enclosure-6 Enclosure-7 Scope of Work Form of undertaking to be furnished by the bidder RTGS/NEFT/ECS Mandate Authorisation Form Proforma Bank Guarantee for Bid Bond / EMD Proforma for Performance Bank Guarantee Extract of provisions of the Official Secrets Act, 1923 Price Bid Part II (to be filled online)
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Enclosure-1 SCOPE OF WORK 1. MDL proposes to have Submarine launching facility at Alcock yard adjacent to the New section assembly workshop under construction. The submarines constructed at the Alcock yard have to be rolled out, towed to Naval Dockyard/ Naval Anchorage and floated off in the protected waters of Naval Dockyard/ Naval Anchorage. MDL has already undertaken 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. MDL intends to have a Detailed Project Report (DPR) through a consultant to undertake a study culminating into a Project Report consisting of Submarine launching from Alcock yard for launching of submarines weighing upto approximately 3000T.The report should also include investments in creating proposed infrastructure including cost of procurement of the equipment and machinery, civil infrastructure, marine infrastructure, technical details of pontoon and draw an outline for the complete sequence of activities during the submarine launching. 2. The Workshop under construction at Alcock yard would also be utilised for repair and refit of submarines; hence the consultant would plan the scheme of activities for transfer of submarine from water to the proposed Work shop at Alcock yard and recommend the most optimum method. Following methods may be examined. Consultant may suggest/consider any other methods also. Consultant should clearly bring out the advantages and disadvantages of the individual schemes. 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. Ship lift infrastructure. Floating Dry Dock Semi submersible Vessel Pontoon resting on fixed platform Floating pontoon. Any other suitable system.

3. The consultant should plan the infrastructure giving utmost importance to the following parameters. 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 for repairs. 3.3. The infrastructure which has to be proposed for launching of the submarine has to be compatible with the existing systems present at the Alcock Yard and MDL as a whole. 4. Civil Infrastructure 4.1. 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 of existing jetty, assessment of the soil conditions along the area planned to be used as transfer bay, etc. Consultant would have to undertake Design and Engineering of 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 broad scope would include the following activities. 4.1.1. Technical analysis of the site to assess soil condition 4.1.2. Infrastructure and utilities planning 4.1.3. Master Plan and Building Plan for the facilities 4.1.4. Design of proposed facilities 4.1.5. Environmental Management Planning & Analysis of environmental impact assessment of facilities 4.1.6. Requirement Assessment for Services (Telecommunication & Networking / Fire Fighting / Pollution control Measures/Drainage)
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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 & Machinery 5.1. Consultant would be required to identify key equipments and machinery that are essential to facilitate launching of Submarine at the Alcock yard. Considering the optimum utilization of the facility and return on investment, these equipments could either be owned by MDL or it could be chartered from 3rd party service providers at the time of need. The details of equipment manufacturers of equipments which are to be owned, has to be listed down with the pricing and with the budgetary quote from the equipment manufacturer. In the same way the details related to ownership, charter hire rate and lead time for equipments which are available on the charter hire in the local vicinity is to be provided to MDL by the 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 by MDL. 5.1.2. Based on the frequency of the launching (2 launches in a year) and roll in of submarine for repair, undertake sensitivity analysis to arrive at optimum number of equipments to be procured and chartered 5.1.3. Work out the cost benefit analysis of chartering and owning equipments which are readily available in the market. Preference to be given if the equipments 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 barges 5.1.6. Identify manufacturers of these equipments and machinery with details related to the plants, service centres, etc 5.1.7. Any additional requirements viz. power supply, compressed air etc. 6. Marine Infrastructure 6.1.1. Water Depth in the vicinity of the launching 6.1.2. Bathymetry study in front of the jetty and the channel 6.1.3. 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 launching 7.1. In case of recommendation of any of the methods, MDL requires custom built facility with basic design parameters of the components/equipments. The consultant is required to arrive at an optimum dimension of the recommended facility which would facilitate safe launching of submarine. Broadly, the following are 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 measures 7.1.3. Identify key equipments and machinery which would form part of the scheme. Assess availability of safety and adequate backup facility and collect costs of such equipments and machinery from the suppliers 7.1.4. Prepare broad specification of the facility describing technical and functional requirement. The specification should contain details essential for inviting bids from vendors/contractors. 7.1.5. Prepare the list of activities to be undertaken during submarine rollout at the Alcock yard and final float-off operation at the Naval Dockyard. The template should also include the stability condition assessment of the facility during the entire operation

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7.1.6. Prepare the safe operating guidelines for transportation of submarine from Alcock yard to Naval Dockyard during different sea state 7.1.7. Prepare checklists to supervise and monitor the submarine load out operation, transportation and float out at the Naval Dockyard or Naval Anchorage. 8. SPMT 8.1. 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 already placed order for procurement of SPMT of total capacity of around 750 MT. Detailed specification of the SPMT under procurement is as under8.1.1. No. of modules- 04, each module of 6 axles. 8.1.2. Model PWT- N Series 8.1.3. Make: TTS Handling Systems AS Norway. 8.2. Consultant at the stage of Detailed Project Report (DPR) preparation should estimate the optimum number of transporters (SPMTs) required to be procured/chartered in addition to the existing SPMT being procured by MDL. A detailed techno-commercial assessment on the type / specification and number of SPMTs to be procured / chartered by MDL has to be assessed. Due care should be taken while projecting so that these equipments are of compatible specification, 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 requirements 8.2.2. 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 or chartered by MDL 8.2.3. Based on the current market conditions estimate the landed price of procuring SPMT. 8.2.4. Work out the cost of operating SPMT in different stage of workload (depending upon number of deliveries annually) at the Alcock yard, Prepare cost benefit analysis of owning and chartering of SPMT. 8.2.5. Assess the feasibility of charter hire of transporters locally by identifying companies in India which uses SPMTs for transportation of Over-dimension structures with the use of SPMT weighing upto approximately 3000 T and assess their capability in undertaking launching/supplying for transportation at Alcock yard (on a turnkey basis). 8.2.6. Invite budgetary quotes for procurement or charter hire of SPMT by MDL clearly mentioning the lead time required. 8.2.7. Identify key risk factors associated with the use of SPMT and list down risk mitigation strategy. 8.2.8. Work out the cost of storing, upkeep and maintenance of SPMT, Vs Hire of SPMTs. 8.3. A detailed analysis of the cost of owning and operating these equipments vis--vis charter hire of these equipments at the time of need has to be made. Consultant should 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 of equipments which are to be owned and which are to be chartered. 9. Costing 9.1. 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
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9.5.

9.6.

Consultant should undertake a detailed cost benefit assessment on procurement and charter hire of various assets required for launching of submarine. Consultant should also identify companies in India and international market which could undertake submarine launching on a turnkey basis. The Consultant shall visit the site and if he/she has any doubts, the same shall be got cleared from MDL Engineers in Capital Works Department before submitting the offer.

10. The scope of work of the consultant is as follows10.1. 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 identified 10.6. Prepare Detailed Project Report on final scheme, consisting of : 10.6.1. Scope of work including Time lines (activity wise) taking into consideration the contract interfaces and sequencing of placement of orders for various activities 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 System 10.6.4. 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 Stage 11.1.1. 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 analysis for all the items based on the prevailing market rates for materials and the labour as per the Standard Rate Analysis Handbook or as per scheduled of
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11.1.3. 11.1.4.

11.1.5.

11.1.6.

rates published by CPWD/PWD/MbPT/BMC. The tender amount needs to be compared with this market rate estimate and furnished to MDL along with recommendations for acceptance of tender. Consultant shall submit 3 sets of drawing and estimates to MDL along with the total programme / bar chart or CPM network. On receipt of the work order, the Consultant shall prepare the detailed working drawings in consultation with MDL Engineers as per their approved scheme. A detailed Bill of Quantities (BOQ) and item wise estimate shall be worked out from the drawings and submitted to MDL for approval. On receipt of approval from MDL, the Consultant shall prepare the tender documents, in two bid system for the renovation work, including detailed scope, methodology, general conditions & special conditions of contract etc. in consultation with MDL Engineers. The Consultant shall be associated with the opening of the tenders. After opening the technical bids received, the bids shall be scrutinised by the Consultant. They shall study the conditions of the tenderers and depending on the qualifying criteria & merit, the list of technically qualified Contractors shall be recommended to MDL for approval. After opening of the price bids of the technically qualified Contractors, they shall study the rates of the tenderers, prepare a comparative statement with the justified rates based on any Standard Schedule of Rates / Market Rates with detailed analysis and submit 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 necessary 11.2.2. The consultant shall post, at site, competent and qualified resident engineer at his own cost who has good knowledge and experience in civil engineering field. The resident engineer shall supervise the work at site and approve test of 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, for timely 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. No extra charges shall be paid for such visits. (g) MDL reserves the right to change the resident engineer if found incompetent. 11.3. Post-construction Stage 11.3.1. After the works are complete, the Consultant shall submit the Drawings to civil authority like MCGM / MbPT, as required, Completion Certificate / Occupancy Certificate. They also shall sets of As Built Drawings along with one set of soft copy on CD
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As Built to obtain submit 2 (AutoCAD

Tender no. 4000000089

2000 Format) to MDL for their records. The Consultant shall also submit the statement showing the final completion cost which will take into account the materials 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 MDL efficiently and assist MDL for the arbitration, if it is inevitable. 12. TIMELINES: SL DESCRIPTION PRE-CONSTRUCTION STAGE Submission of Feasibility Report including Geo-technical investigation, Site Survey & NDT Tests as required along with recommendations. Submission and approval of Detailed Project Report comprising design documents, project schedule, deployment of personnel for supervision till completion and handing over. Submission of detailed cost estimates for civil, structural, marine, associated electrical & mechanical works, tender documents, technical specifications etc. Evaluation of Technical Bid and submission of Report with recommendations. Evaluation of Price Bid and submission of Report with recommendations. Completion of all activities leading to award of Contract. CONSTRUCTION STAGE Project Management Services along with Supervision of Work by deploying adequate competent resident staff and all other items covered by the Consultancy agreement (Payable proportionately to the percentage progress of work based on the certified RA bills of the Construction Contractor) POST CONSTRUCTION STAGE Satisfactory completion and acceptance of the project as per the agreement including all consultancy services leading to the completion of entire work, obtaining necessary approvals from requisite authorities, handing over documents/ reports, submission of As built drawings, Stability Certificates. On successful completion of launching of one Submarine from the facility under supervision of the Consultant including imparting necessary training to MDL engineers/operatives etc. Date of Consultancy Agreement TIMELINES (MONTHS)

1.

D+2

2.

D+4

3.

D+6

4. 5. 6. 7.

D+10

D+11 to D+24

8.

D+25

9.

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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: Ref: Consultancy Services for creation of Submarine Launch Facility at Alcock Yard, Mumbai, India. MDL Tender No. 4000000089 dated 30th December, 2013

1. We undertake to complete the entire scope of services within the schedule stipulated in the tender. In this regard, we have visited the site at Alcock Yard, MDL, Mumbai and clearly 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 and agree 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 of work attributable to us. 3. We agree to abide by this Tender for a period of 180 days from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiry of this period. 4. We agree to furnish required Bank Guarantee towards Contract Performance for 10% of contract 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 tender together with your written acceptance thereof, shall constitute a binding Contract between us. 6. We understand that if our Tender-Bid is accepted, we are to be jointly and severally responsible for the due performance of the Contract. 7. We understand that you are not bound to accept the lowest or any Tender you may receive.

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 _______________________________

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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, 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 suppliers name and name given in the PAN card, then a note to explain the reason for the difference and the correlation between both. 4. Suppliers / Vendors Complete Postal Address: Door Street: No. Location District : : City: State 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:

PIN

9. RTGS*/NEFT** /MICR- Code of the Branch: RTGS: NEFT: MICR: RTGS* - Real Time Gross Settlement, NEFT** - National Electronic Fund Transfer. MICR-Magnetic Ink Recognition Character 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: 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.

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Enclosure-4 PROFORMA BANK GUARANTEE FOR BID BOND / EMD WHEREAS M/s __________________________________ intend to submit a tender (herein after called the Tender) to M/s Mazagon Dock Limited (MDL, hereinafter named Company) for the invitation to tender by MDL vide reference no.: ____________ dated:_____________ for the requirement of _____________ (items/services/civil works etc.) Now, by this letter, we the undersigned (Banks Name and address) whose registered office is at: _______________________________________________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. The conditions of the above obligations are such that if M/s____________________________ shall not keep their Bid being submitted to Mazagon Dock Limited as set forth in the instructions to 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 the tender 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 any demur or protestation and without reference to M/s__________________________within 15 days from the date of such demand in any manner in which the Company may direct and also without the necessity of instituting and proceeding whether judicial or otherwise, at any time upon the ORDER / CONTRACT committing any one or more of the following: (a) Withdraws his tender during the validity period or any extension sought /granted thereof, 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 any extension 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 Mutually agreed to whichever is later. We, (Banks Name), agree that our liability to pay is not dependant on conditions on your proceedings against the ORDER / CONTRACT and we shall be liable to pay an amount not exceeding the aforesaid amount as and when demanded by you merely on claim being raised by 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 with the previous consent of the Purchaser in writing. The guarantee herein contained shall not be revocable by notice or by reasons of dissolution or winding up of the business of the ORDER / 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 performance of the ORDER / CONTRACT resulting from such acceptance inclusive of furnishing Security Deposit in a manner specified by MDL and in any other case until_____________ unless a claim or demand is made on us in writing on or before (validity + ---- weeks), we will be relieved and discharged from all liability thereunder. We, (Banks name) have power to issue guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to do so under the Power of Attorney dated ____________ granted to him by the Bank.

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After the here above mentioned date, the Guarantee shall lapse automatically without necessity to be returned to the Bank. This guarantee shall be governed by Indian laws and the Courts at Mumbai, India alone shall have the jurisdiction.

Date:

Signature of a person duly authorized to sign On behalf of the Bank, with Seal of the Bank

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Tender no. 4000000089

Enclosure-5

PROFORMA FOR PERFORMANCE BANK GUARANTEE 1. In the consideration of Mazagon Dock Ltd., Mumbai, a company registered under the Indian Companies Act, 1913 (Hereinafter called The Company) which expression shall include, unless otherwise stated, its successors and assigns having entered into a contract for the work of _______________________________________________at _______________________________________(hereinafter referred to as the said Contract) with M/s. __________________an existing company / Firm within the meaning of the Companies Act, 1956 / Partnership Act -------, and having its registered / Principal office at ______________(address) _______________ (hereinafter called The Contractors which expression shall include its successors and assigns) and whereas at the request of the Contractor, We ______________________________(Bank)_____________________________Hereby unconditionally 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 and conditions of the said contract and / or the performance thereof. We agree that the decision of the Company, whether any breach of the terms and conditions of the said contract and / or any failure in contract performance thereof has been committed by the contractor and the amount of loss, damage cost, expenses or otherwise that has been caused or suffered by the Company shall be final and binding 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 any demur or protest. 2. We, ____________(Bank)_________________________ further agree that the guarantee herein 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 said contract which consists of the work of _______________________________ provided always 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 only with the mutual consent of all the parties to the guarantee, extend the date of validity thereof for a period of six months on each occasion and that if any claim accrues or arises against us, by virtue of this guarantee before the said date as extended from time to time, the same shall be enforceable against us. Notwithstanding the fact that the same is enforced after the said date as extended from time to time, provided that notice of any such claim has been given by the Company 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 / demand signed by the authority who has signed the contract on behalf of the Company shall 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 to revoke 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
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vary any of the terms and conditions of the said contract or to extend time of performance by the contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Company against the said contractor and to forebear or enforce any of the terms and conditions relating to the said contract and we ______(Bank)___________ shall not be released from our liability under this guarantee by reason of any such variation or extension being granted 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 this provision have the effect of so releasing us from our liability under this guarantee. 5. We, __________(Bank)_________________________ further agree that the guarantee herein contained shall not be affected by any change in the constitution of the said contractor or the Bank. 6. This guarantee will remain in force till _________________200-- or the extended date. 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 at liberty at its discretion to treat us, in all respect as though we were jointly and severally liable to the extent of the said sum of Rs.________________ with the contractor or debtors to the Employer instead of merely sureties for the Contractors. 8. This Bank guarantee is subject to Mumbai jurisdiction. This _____________ day of ______________ Two Thousand __________ The Duly Constituted Attorney. Witness: 1) 2) Manager: ________________ For:

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Enclosure-6 EXTRACT OF PROVISIONS OF THE OFFICIAL SECRETS ACT, 1923 1 SECTION 2(B) ; PROHIBITED PLACE It is defined as the place of any work of Defence Dockyard and other so belonging or occupied and used for the purpose of building, repairing, making or storing any ammunitions of war. For the purpose of the above definition, sketch includes any photograph or other mode of representing any place or thing. SECTION 3 : PENALTIES FOR SPYING If any per unlawfully a) b) c) approaches, inspects, passes over or is in the vicinity of any clear place; or make any sketches intended to be directly or indirectly useful to an enemy ; or obtains, collects, records or communicates to any other person any secret official code.

Shall be liable for imprisonment of 14 years in case of Defence Installation. SECTION 4 : COMMUNICATION WITH FOREIGN AGENTS If Any person has been in communication with or attempted to communicate with foreign agents regarding the vital information of any PROHIBITED PLACE would be guilty of violating the provisions of this Act. SECTION 5 : WRONGFUL COMMUNICATION OF INFORMATION If any person having in his possession or control any official document; a) b) c) d) Willfully communicates to any person, other than a person, who is authorised to communicate it. Used the information in his possession for the benefit of any foreign power. Retain in his possession when he has no power to retain it Fails to take reasonable care of it.

Shall be guilty of an offence under this Act. SECTION 6 : UNAUTHORISED USE OF UNIFORMS If any person for the purpose of gaining admission or of assisting any other person to gain admission to a PROHIBITED PLACE wears uniforms without lawful authority shall be guilty of offence under this Section. SECTION 7 : INTERFERING WITH OFFICERS OF POLICE No person in the vicinity of any PROHIBITED PLACE shall obstruct any Police Officer engaged on guard, sentry or similar duty. If any person move in the provisions of this section, shall be punishable with imprisonment, which may extend up to 3 years.

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SECTION 8 : DUTY OF GIVING INFORMATION It shall be duty of every person to give on demand to a superintendent of Police or any other Police Officer not below the rank of Inspector, any information in his power relating to an offence under this Act. If any person fails to give such information, shall be punishable with imprisonment to 3 years or fine or with both. SECTION 9 : INCITEMENT Any person who attempts to commit or debate the commission of an offence under this Act shall be punishable with the same punishment and be liable to be proceeded against in the same manner as if he had committed such offence. SECTION 10 : PENALTY FOR HARBOURING SPIES If any person whom he knows or has reasonable grounds for supposing to be person who is about to commit or who has committed offence under this Act shall be guilty of offence under this Section. SECTION 11 : SEARCH WARRANTS If a presidency Magistrate, Magistrate First Class or Sub-Divisional magistrate is satisfied with the information that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant search warrant to any Police Officer to enter at any time any premises to force to search premises or the places.

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Enclosure-7 PRICE BID PART-II (To be submitted online) Sub: Ref: Consultancy Services for creation of Submarine Launch Facility at Alcock Yard, Mumbai, India. MDL Tender No. 4000000089 dated 30th December, 2013

Having visited the site, read the conditions for Consultancy services in the tender enquiry and Scope of work at Enclosure-1, we hereby offer our Professional Fees for Consultancy Services for the subject work as under: Sr. No. Item Description Unit Amount INR Foreign Component Component (USD)

A. PROFESSIONAL FEE FOR THE PROJECT 1. Professional Fee

Lump Sum B. FEE FOR ADDITIONAL SERVICES (IF AVAILED BY MDL) 1. Review and submission of Revised Cost Lump Estimate Sum 2. Re-evaluation of Technical Bid and Lump Submission of Evaluation Report Sum 3. Re-evaluation of Price Bid and Submission of Lump Evaluation Report Sum Service Tax including Cess (Percentage) Total Amount (Including Service Tax & Cess)

Signature of Consultant: Name and Address: Place: Date: Official Seal

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