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Name of the Vendor/ Firm:

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Please fill the details in cells shaded with colourCommercial Terms and Conditions of Tender - Part of Technical Bid.

Tender Ref. No.: N P / T L S / 5 1 4

Type of Tender: Two Bid (Technical cum non-price bid and Price Bid separately to be uploaded)

Name of Work: S u p p l y o f T e c h n i c a l m a n u a l s i n t o I E T M c l a s s I V s t a n d a r d f o r D o - 2 2 8 a i r c r a f t

Quotation Ref. No.:Provide GSTIN of your firmPLEASE INDICATE YOUR RESPONSE/ COMPLAINCE/ ACCEPTANCE TO THE FOLLOW ING TERMS AND UPLOAD AS A PART OF TECHNICAL BID.

PLEASE NOTE THAT CORRIGENDUM TO THIS TENDER WILL NOT BE ADVERTISED IN THE NEWSPAPER AND WILL BE UPLOADED IN HALe-PORTAL / HAL WEBSITE ONLY. REQUEST TO PERIODICALLY WATCH THE e-PORTAL / HAL WEBSITE

NOTE: IN CASE OF ANY PRICE INFORMATION PROIVIDED IN TECHNICAL BID, EVEN IN THE FORM OF PDF, THE TECHNICAL BID WOULD NOT BE CONSIDERED FOR EVALUATION AND WILL BE REJECTED.

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HAL TERMS

I IMPORTANT TERMS AND CONDITIONS

SUBMISSION OF BIDS THROUGH E-PROCUREMENT

a

The tender being issued through HAL's E-procurement portal and vendor has to submit their offer through E-portal mode only. The offer / quotation submitted other than e-portal shall be summarily rejected.

b

Procedure for obtaining Digital Signature Certificate (DSCs), its installation, procedure for Log in using DSCs and System Requirements documents are available in our e-portal website https://eproc.hal-india.comRefer Annexure-1 for details

c

Bidders are requested to submit their proposals (Technical cum non price bid and Price bid) online at HAL’s e-procurement portal (https://eproc.hal-india.com or link to e-Procurement through www.hal-india.com ). Tenders submitted other than e- procurement portal will not be considered and will be rejected (No Hard copies of Technical and Price bid should be submitted). HAL is not responsible for delays / problems faced if any with internet, etc. Hence you are requested to submit the bids on-line well before the tender due date and time.

d

The tender being issued through HAL E-procurement portal and vendor has to submit their offer through E-portal mode only. The offer / quotation submitted other then e- portal shall be summarily rejected. Only Hard Copy of Earnest Money Deposit (EMD) in original (Demand Draft / Bank Guarantee as per attached HAL format) OR document based on which you are claiming exemption from submission of EMD and two original Ink-signed Integrity Pact (IP) as per HAL format should be submitted in a separate sealed cover with tender reference on or before the due date & time, the same should reach HAL-TAD, KANPUR on or before the closure date & time of tender. Please refer the EMD Clause and Integrity Pact Clause below for more details.

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TENDER DUE DATE:The due date for submission of quote is as given in the Request for Proposal through e-procurement portal of HAL. Please note that the due date for submission generally will not be extended.





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Quotation Ref. No.:

f

LATE TENDER:The related EMD Documents received after the due date and time specified in the tender shall be considered as late tender and the technical bid will not be considered for opening & evaluation. The receipt date & time as entered in HAL-TAD, KANPUR documentation will be the basis for such decision.HAL will not be responsible for loss or delay in receipt of EMD Instruments / EMD in transit.HAL will not be responsible for inability of vendor to upload the tender documents in eProcurement and issues related to internet connectivity.

g

When submitting your offer, please ensure that you have responded categorically against each technical / commercial terms. Your compliance / acceptance to each of our terms should be indicated clearly. Partial compliance/acceptance will be considered as non-compliance. In case, HAL terms and conditions are not acceptable, you may quote counter terms and conditions. When counter terms and condition of business have been offered by the tenderer, HAL shall not be deemed to be governed by such terms and conditions unless written acceptance thereof has been given by HAL. Any technical clarifications required may be obtained before submission of quotations. No ambiguity / request for changes in price/scope will be entertained

hPlease provide GSTIN No. of your firm in case of Indian vendor only and HSN / SACcode of the items for which you have submitted your offer.

VENDOR QUALIFICATION CRITERIA (MANDATORY CONDITION TO BEFULFILLED BY BIDDER). THE REVELANT DOCUMENTS NEEDS TO BE UPLOADED.

a

ORIGINAL EQUIPMENT MANUFACTURER(OEM) / AUTHORISED DISTRIBUTOR OF OEMHAL prefers to do business directly with OEM. If you are OEM, please indicate thestatus as OEM. In case you are not OEM, please attach the business arrangements / valid authorization letter between your firm & OEM for every specific item. This is mandatory for consideration & evaluation of your technical bid.

b (i) PRIOR EXPERIENCEAerospace industry domain vendors with proven expertise in the preparation, setup and after sales support & maintenance of Interactive Electronic Technical Manuals (IETM) facility including its associated hardware developed and setup for fixed wing and/or rotary wing class of aircraft.

(ii) Bidder should have proven knowledge & competence in area as mentioned in above Para. Documentary evidence/ authentic information relating to the nature of business, manpower strength, product range, turnover, financial capability, infrastructure facilities, ISO (or equivalent) quality accreditations and copies of audited profit / loss account and balance sheets for at least last 3 years to be provided along with Technical Bid.

(iii)

Bidder should have handled at least one aircraft interactive documentation creation and experience in IETM level IV. Details of the program/aircraft, client, contact person, purchase order/ contract detail, model number etc., to be provided along with Technical Bid for verification along with available qualification test details, etc. Note: If at any stage of Technical Evaluation, it is noted by HAL that vendor is not qualified as per above para, its offer may be summarily rejected.

c

SOUND FINANCIAL STANDINGThe annual turn-over of the vendor shall be minimum Rupees four Crores (Rs. 4 Cr)each year for the last three years.The Balance sheet / Profit - Loss Account Statement for the same shall be produced.

d

"Note : For Start up / MSE firm which have been established recently and have not completed 3 years in business for the tendered work, in such a case HAL may review the case. Hence the Firm claiming relaxation of these conditions shall provide relevant details as available on date and enclose appropriate documents like Company Incorporation certificate issued by concerned Government agency, MSE registration certificate issued by concerned Government agency as proof for start up/MSE. HAL shall review the documents and take decision whether your firm qualifies for claiming the relaxation or not. Decision taken by HAL in this regard would be final and binding on all."




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Quotation Ref. No.:

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The vendor should have the following qualifications:a) ISO 9001-2008 certifiedb) BS-7799 or ISO 27001 or its equivalent ( data security)c) AS 9100C/D ( QMS)d) SEI-CMMi (Capability Maturity Model Integration), min Level 3 certified (ProcessMaturity and Improvement)

INTEGRITY PACT (IP):

a

The bidders who participate in the tender should sign the Integrity Pact as per HAL IP format enclosed to this tender. Two original ink-signed IP in hard copy shall be submitted by the participating bidders kept in separate envelope (superscripted with tender number & due date) and should reach us on or before the tender due date and time specified in the tender (Address: Deputy General Manager (IMM), HAL-TAD, Chakeri, kanpur-208007 or alternatively the sealed cover containing IP should be dropped in the tender box of HAL-TAD - IMM Dept. kept at TENDER CELL). HAL will not be responsible for any transit/postal delay or delay due to any other reasons in receipt of IP. Submission of original ink-signed IP is mandatory. Failing which, thebid submitted by vendors through HAL's e-Procurement portal would be disqualifiedwithout assigning any reasons thereof.

b

In case the vendor has already signed any IP with MoD, for any of their Contracts, the same shall be disclosed and shall sign the Integrity Pact, in the same format with HAL also.

c Bidders to note that HAL has appointed Independent External Monitors (IEM) for this Pact in consultation with the Central Vigilance Commission. The name and contact details of IEM are as below:-Shri. Ramachandran VenkataramaniNo.4709, Koncept Vijay Residency, Nandi Enclave, 2nd Cross, Banashankari III Stage, Bangalore - 560 085Telephone No.: 080-42040100, Mobile No.: 9731222888E-Mail Id: [email protected] / [email protected]

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The Ink-signed IP (Original) should be submitted to HAL within due date and time of the tender and not to IEM.

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Bidders may note that only queries related to IP needs to be sent IEM. Any query related to tender (like due date extension, technical clarification, etc.) should not be sent to IEM. Such queries needs to be sent to HAL directly. The name and contact details of HAL personnel to whom queries related to tender to be sent are as below:-Dy. General Manager (IMM), Hindustan Aeronautics Limited, Transport Aircraft DivisionChakeri Post, Kanpur - 208007Ph: 0512 – 2451749~58Fax: 0512 - 2451745e-mail: [email protected]/[email protected]

EARNEST MONEY DEPOSIT (EMD)

a

An EMD amount of Rs. 3,00,000/- (Indian Rupees Three Lakhs only) to be submitted by Indian vendor before the due date of the tender.The EMD should submit in form of original documents i.e. Demand Draft drawn in favour of M/s. Hindustan Aeronautics Limited payable at Kanpur or Bank Guarantee (as per format enclosed) by participating vendors. EMD should be submitted in the specified format mentioned above.





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Quotation Ref. No.:

b

The bidder should ensure the amount as sought in RFP should be fully credited to HAL account. All the intermediary bank charges incurred in crediting the above amount should be fully borne by the bidder over & above the EMD amount to be submitted as mentioned above. This aspect may please be noted by the bidder when they resort to such swift transfer.Note: EMD should be submitted in the specified format mentioned above. The offers not accompanied with requisite amount of EMD or EMD not submitted in the specified form shall be summarily rejected.

c

Submission of EMD (Earnest Money Deposit): The Original EMD in hard copy (in form of Bank Draft / Bank Guarantee) / certified copy of GOI’s authority for exemption in lieu of EMD(applicable for vendors exempted from submission of EMD as per Govt. of India directives) should be kept in separate envelope (superscripted with tender number & due date) along with covering letter and should reach us on or before the tender due date and time (Address: Deputy General Manager (IMM), HAL-TAD, Chakeri, Kanpur-208007 or alternatively the sealed cover containing only only EMD/ certified copy of GOI’s authority for exemption in lieu of EMD should be dropped in the tender box (of HAL-TAD) kept at tender cell) on or before the tender due date and time specified in tender. HAL will not be responsible for any transit/postal delay or delay due to any other reasons in receipt of original form of EMD. A copy of EMD document/ certified copy of GOI’s authority for exemption in lieu of EMD shall also be scanned and attached in pdf format with your technical bid, which has to be submitted online through e-Procurement portal.

d The offers not accompanied with requisite amount of EMD or EMD not submitted in the specified form shall be summarily rejected.

e

EMD should be submitted along with the Technical Bid/offer. EMD in original form will only be acceptable. Copies of EMD documents/instruments in Technical bid not acceptable.

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The EMD will not carry any interest for the period it is retained with HAL. The EMD shall be forfeited if a tenderer withdraws, amends, impairs and/or derogates from tender within validity period.

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In case EMD is submitted in the form of Bank Guarantee, the same is submitted in the form of Irrevocable Bank Guarantee from bank of international repute. The Bank Guarantee should be valid for 30 days beyond the validity of the bid (365 days + 30 days)

hBidders exempted from submission of EMD as per Govt. of India directives must submit certified copy of Govt. of India authority for such exemption in lieu of EMD.

jThe EMD amount will be refunded /Bank Guarantee will be returned to unsuccessful bidder(s) as per prevailing rules at HAL.

kEMD furnished by the successful bidder may be appropriated for security deposit and/or Performance Guarantee for the warranty period.





Quotation Ref. No.:

SECURITY DEPOSIT(SD):

a

Successful vendor, shall have to deposit 5% of the value of the order as Security Deposit within 15 days of receipt of the purchase order, by demand draft or bank guarantee in a prescribed format of H.A.L. from a schedule bank in India. Initially the SD should be valid for a period of one year and renewed by vendor for subsequent years till the end of contract before expiry of validity of existing SD. The final SD submitted shall be valid up to 60 days after the completion of contract period/last supply. Security Deposit will bear no interest and will be returned only after the contract is completed to the entire satisfaction of H.A.L. In case of BG, the BG should be sent directly to HAL by the concerned issuing Bank.

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bIn case the contract is not executed to the entire satisfaction of H.A.L, the security deposit shall be forfeited, besides initiation of risk purchase action.

c

No claim will be entertained against HAL either in respect of interest, if any due on the security deposit or depreciation in value.

d

On due performance and completion of the contract in all respects, the security deposit will be returned to the vendor, without any interest, on presentation of absolute “No Demand Certificate” and upon return in good condition of any specifications, drawings, samples or any other property belonging to the purchaser, which may have been issued to the vendor.

eNote: For bidders who have not agreed for submission of Security Deposit a Loading factor of 5% shall be considered while preparing Price Comparative Statement

6. a DELIVERY:In the event of order, you would be required to carry out installation of, related software & Hardware and required consumables for initiating the activity. Please indicate the period required for the above activity from the date of intimation of readiness of site at our premises as per Annexure-3

b

The time schedule as per Annexure -3 for supply of publications is as per schedule mentioned in table from the Date of Project kick off signing date by vendor and HAL, kanpur.

LIQUIDATED DAMAGES:In the event of an order, HAL reserves the right to collect a sum of 0.5% per week of delay or part thereof, subject to a maximum of 10% as our claim-towards liquidated damages on the undelivered part of the order.The monthly / quarterly reviews between HAL team & vendor team will decide the schedule of completion based on HAL inputs provided. This reviews would be part of completion reports and eligible for payment and calculation of applicable LD.Note : In case of tenderers not agreeing for LD Clause, the maximum LD amount/ to the extent not agreed LD value , shall be loaded in the comparative statement, to determine the successful bidder.

TERMS OF PAYMENT:i) Payment shall be made through RTGS/sight draft. The payments would be made based on number of pages generated and delivered. The payment will be made based on the completion of work with due certification of user department and against submission of bills. (amount will be calculated on per page basis)ii) Kindly indicate your Account No., Banker Name and Address in your quotation. iii) Advance payment shall not be entertained.


Type of Tender: Two Bid (Technical cum non-price bid and Price Bid seperately to be uploaded)



Quotation Ref. No.:

WARRANTY:

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a

For a period of 24 months, after the package / software with hardware set-up (consisting of IETM software & PCs with mentioned configuration) have been taken over by HAL, the contractor shall be responsible for any issues that may develop due to bugs in the software or faulty hardware and shall remedy such issues at his own cost when called upon to do so by HAL who shall state in writing in what respect the portion is faulty. If it becomes necessary for the contractor to replace or renew any defective portion of the setup the contractor shall make such replacement or renewal without any extra cost to HAL.

b

Vendor should give standard warranty/AMC for 24 months. Vendor may be mention warranty/AMC separately for Software as well as for hardware. Final decision of HAL committee will be applicable to all vendors.

c

During warranty/AMC minimum uptime of 95% shall be ensured failing which warranty period shall be deemed to be proportionately extended. During warranty period software / Hardware shall be replaced/ repaired free of cost including any to& fro freight/insurance involved. Supplier shall attend to warranty calls within 48 hours notice.

d

Payment towards warranty would be released at the end of warranty period with due certification from the User department that the activity is completed by the vendor successfully to the entire satisfaction of HAL.

e

POST-WARRANTY SERVICEArrangements for after sales service and maintenance (authorized service centre) on site during warranty & post warranty period should be clearly indicated providing with name, address, phone, fax, contact person, infrastructure along with spare parts inventory (if applicable) held by your Authorized Technical Service Center. The vendor to indicate the validity period of authorization for the technical service center. Vendor has to provide the product support for functioning of the IETM set up including hardware and software for minimum 15 years.

10.a Vendor is also requested to quote for 3 years AMC of Package / Software with Hardware Set-up (consisting of IETM Software & PCs with mentioned configuration) for post warranty of 24 months if any from the date of last delivery separately with price bid (not to be included in the price bid format). This amount of 3 years AMC is not the part of price bid so that not to be considered for evaluation of lowest bidder (however the ordering of the AMC may be executed by HAL or end customer).

b Payment for AMC order: The payment of AMC charges will be considered on quarterly basis on satisfactory completion of the service subject to certification from User Dept. The invoice along with the certification by User dept. is required for release of payment. All payments will be made only by RTGS / ECS/sight draft mode.

The vendor should execute Non-Disclosure agreement with HAL for data security and the hard disc should be left with TARDC. Format of Non-Disclosure agreement as per HAL format is attached.Kindly confirm for having forwarded Non-Disclosure agreement.

POLICE VERIFICATIONS:Necessary Police verification of the personnel to be deputed to be obtained by the contractor well before their deputation to HAL. The same needs to be made available to HAL Kanpur security department for issuing necessary daily or monthly passes. At all times the contractor will be liable to maintain utmost discipline and will be held responsible for any kind of mis-conduct by any of their professional.In case the bidder has indicated to subcontract for the work or part of the work, the police verification of such personnel deputed also be the responsibility of the Bidder.HAL will not bear any charges towards police verifications of bidders personnel.





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Quotation Ref. No.:

PRICE:

a

In case Bidder has entered into Rate Contract with DGS&D, the Rate Contract Reference to be sent to HAL along with the quotation. Bidder is required to certify that prices quoted are the same as applicable to DGS&D and other Government Departments. DGS&D Rate Contract holders should state whether they are agreeable to execute the contract at DGS&D Rate Contract Rates in the event of placement of order by us on HAL's own order form.

bOffers received from vendors outside India will also considered for evaluation purpose.

cPrice quoted should be on F.O.R. Destination basis, for delivery at HAL Stores inclusive of all charges including transit insurance – (Custom Duty / IGST / CGST / SGST / UGST / CESS) etc. Evaluation would be done on landed cost basis.

dBidder should quote in Indian Rupees and payment will be made in IndianRupees through RTGS for Indian vendor and for abroad vendor’s payment will be made in quoted currency through side draft.

e

Import Content Clause:Indian vendors should quote in Indian rupees only. For Indian vendors regarding the offered items, in case you are importing certain materials, accessories etc. from foreign sources, while manufacturing the product, you need to provide import content in value or in % w.r.t. your offered prices. This is a mandatory requirement for Indian Vendors. However Order will be placed in Indian currency and Payment will be made in Indian Currency. This information of import content should be indicated in the price bid format. Please indicate compliance that you had indicated the import content in the price bid format.In case, the purchase order is awarded to you where you had indicated the import content, you need to provide the list of items being imported based on HAL request. Any Exchange rate variation in this regard will have to be borne by the bidder itself.

f

ERV Condition : If the products/items/materials quoted by the Indian vendors involves import content, then the value of import content needs to be indicated in the offer (in FE). Further, vendor should indicate whether Exchange Rate variation (ERV) is applicable on the FE content declared by the vendor. If ERV is applicable, ERV reckoning date shall be the Commercial bid opening date. For purpose of making ERV payment, actual value of import (to be supported by BOE, etc) or declared value of import in bidders quote whichever is lower to be considered for calculation of ERV based on TT selling rate on the date of BOE. Exchange rate variation on the higher side, shall be paid by the HAL and similarly any exchange rate variation on lower side i.e. price reduction, to be passed on to HAL. Taking above aspects into consideration you can submit your offer. Accordingly your offer will be commercially evaluated.

TAXES & RELATED TERMS:

a

The taxes and other Govt. levies should be indicated in full and separately. Unless the rate at which SGST, CGST, IGST and other Government levies chargeable are clearly shown separately, claim for such taxes and other levies will not be entertained later and we will assume that the rates quoted are inclusive of levies, taxes etc.

b The offer can be submitted in Indian Rupees and on FOR HAL-TAD, Kanpur basis.

c

Your offer should be on FOR-HAL-TAD basis. As such the Custom Clearance at your cost needs to be taken up as part of your scope. Required High Sea Sales Agreement and authorization letter addressed to customs authorities will be signed by HAL as and when the consignments are received to enable you to take up custom clearance

dApplicable Income Tax shall be deducted at source while making payment. Acertificate to this affect shall be given for having deducted the income tax at source.




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Quotation Ref. No.:

TENDER EVALUATION: The tender will be evaluated on PACKAGE BASIS ON FOR HAL-TAD BASIS (as per price bid only)

a The Technical offer/ bid will be evaluated by the Technical Evaluation Committee (TEC) constituted by HAL as per purchase manual 2013, which will examine the compliance of the offer with respect to the technical requirements and make recommendations on the technical acceptance of the offer. The decision of Committee would be binding and final. Only those offers that meet the RFP requirements with respect to vendor qualification considered for TEC. Price offer/ bid will be opened after completion of technical evaluation. Only technically accepted bids will be opened for subsequent commercial evaluation.

b EVALUATION CRITERIA- The price bid will be opened at a time and venue which will be intimated later only to those bidders who technically qualify.

i Commercial evaluation will be on the basis of total cost to HAL covering the total price of deliverable and services provided in the RFP. The lowest offer will be based on the evaluated price (landed cost) arrived at by adding necessary loadings for price classing, if required, to the total value quoted by bidder up to HAL TAD, Kanpur. Vendors to fill up the price bid completely. In case of incomplete or unfilled price bid, bidders offer may be summarily rejected. The total landed cost will be considered for evaluation of L1 as per price bid only for technically suitable offers.

ii Taxes like ICGS, CGST, SGST and other local levies, etc, applicable with rates at present should be quoted by Indian bidders. If any additional / alternate wording is proposed against HAL’s commercial terms & conditions, which results in financial implications to HAL, the same will also be loaded appropriately. In this regard, HAL’s decision shall be final and binding on the parties. If any additional / alternate wording is proposed against HAL’s commercial terms & conditions given as Part-III of RFP, which results in financial implications to HAL, the same will also be loaded appropriately. In this regard, HAL’s decision shall be final and binding on the parties.

iiiIf two or more bidders quote the same price, HAL reserves the right to seek revised offer from the same bidders and placing order on revised L-1 offer. If same situation prevails then HAL reserve the right to place order on any of them.

iv Conditional discounts will not be considered in evaluation of tender. Applicability of the Taxes should be explicitly indicated by the bidder in his response. In the absence of this input the offer would be considered all inclusive.

v In case of bids with import content, following shall be adopted for evaluation purpose:The total value quoted in foreign currency as per price format will be converted to Indian Rupee (INR) by adopting the exchange rate prevailing on the date of Technical bid opening. For any reason, if the exchange rate is not available on the date of tender opening, the next available exchange rate will be adopted.

vi A 2.55% of total value of deliverables will be loaded towards Freight & Insurance charges on the FCA value and as applicable of total CIF value will be loaded towards customs duty to arrive at FOR HAL TAD, Kanpur value.If the bid includes both Indian Rupees as well as foreign content, the exchange rate prevailing on date of technical bid opening will be considered for the import content and will be loaded on to the indigenous content to arrive at the total value for evaluation purpose.


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Quotation Ref. No.:

vii

Vendors should quote for all the line items mentioned in the price bid. If the vendor has not quoted for any of the lines, the offer would be considered as incomplete. Incomplete offers generally will not be considered for evaluation.In case for some item/s if offer is not submitted the specific reason to be indicated by the respective vendor. Further in case of ambiguity or non-clarity in statements given by the vendors, HAL may seek information / clarification from any or all the vendors. Only such offers that meet HAL requirements shall be short listed for further commercial evaluation.Acceptance or otherwise of such incomplete offer, will be at the discretion of HAL which would be based on the merits of the case. However HAL reserves the right to seek such information which vendor did not include in their bid. Decision taken by HAL in this regard would be final and binding on all.

viii Commercial bids of short listed vendors whose technical bids have been found to be meeting HAL's requirement would be opened online. Technically qualified bidders may witness the tender opening online by logging into HAL e-procurement portal

MSME Clause : (This clause will be applicable depending upon the Qty to be ordered)-APPLICABLE FOR INDIAN VENDORS. The preference clause is applicable where the requirement is for 5 Nos & above.

a As per the directives of Govt. of India, Ministry of Micro, Small and Medium Enterprises ( MSME MSMED ACT 2006) HAL, TAD Division has earmarked to annually procure 20% worth of goods / Services from Indian MSEs (Micro and Small Enterprises) with a sub target of 4% out of these 20% from MSEs owned by SC ( Schedule Caste ) / ST ( Schedule Tribe ) Entrepreneurs.

b The bidders who fall in MSEs sector need to indicate the same and provide the documentary proof (With validity) along with the offer for our consideration. Further if any of the MSEs fall under SC/ST category they may indicate the same and submi the needful documentation accordingly.





Quotation Ref. No.:

c

Special Preference to MSEs : The participating MSEs in a tender, quoting price within the band of L1+15% may be allowed to supply a portion of the requirement in case they agree for bringing down their price, in the situation where L1 price is from someone other than MSE. Such MSEs may be allowed to supply up to 20% of the tendered value. In case of more than one such eligible MSE has participated in the tender, the supply will be shared.

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d

"Note : For Start up / MSE firm which have been established recently and have not completed 3 years in business for the tendered WORK, in such a case HAL may review the case. Hence the Firm claiming relaxation of these conditions shall provide relevant details as available on date and enclose appropriate documents like Company Incorporation certificate issued by concerned Government agency, MSE registration certificate issued by concerned Government agency as proof for start up/MSE. HAL shall review the documents and take decision whether your firm qualifies for claiming the relaxation or not. Decision taken by HAL in this regard would be final and binding on all."

ACCEPTANCE OF LATE DELIVERY:Material delivered late and accepted by HAL shall be without prejudice to imposeLiquidated Damages in terms of this contract.

DELIVERIES, CONSEQUENCES OF BREACHThe delivery schedule mutually agreed shall be deemed to be the essence of the Contract, and deliverables must be handed over to HAL on or by the dates agreed upon. Should the contractor fail to hand over the deliverables or part thereof within the period agreed, HAL shall be entitled at their option:a) To recover from the Contractor as per liquidated damages, and not by way of penalty, a sum of 0.5% of the price of any deliverable which the contractor has failed to deliver as aforesaid, for each week or part thereof during which the deliverable may be in arrears subject to a maximum of 10% of the price of the deliverable in default.ORb) To get the deliverable executed from some where else, without notice to the Contractor on the account and at the risk of the contractor, the deliverables not delivered or others of a similar description (where other exactly complying with the particulars are not available), HAL's decision in this respect will be final,ORc) To terminate the contractIn the event of action being taken under para-a & b above, the Contractor shall be liable for any loss which HAL may sustain on the account but the Contractor shall not be entitled to any gain on repurchases made against default.

EXTENSION OF TIMEIn case of placement of order, If an extension is desired by the supplier, contractor shall apply for extension of time to HAL at least 15 days prior to the date of delivery without prejudice to the rights of HAL, then HAL may grant extension of time for any cause which HAL may deem proper and the decision of HAL in this respect to be final and binding and cannot be questioned in any manner whatsoever.

When counter terms and conditions of business have been offered by tenderer, H.A.L. shall not be deemed to be governed by such terms and conditions unless specific written acceptance thereof has been given by H.A.L.

Any terms & conditions which has not been the part of the bid or Purchase Order, if put forward in subsequent correspondence, shall not be considered by HAL.No conditions and terms, notice of which has not been given in this enquiry by parties submitting quotations, will be considered by HAL, if put forward in subsequent correspondence, after acceptance of orders etc.





Quotation Ref. No.:

Disregard of any instructions, may result in your offer being ignored.

QUANTITY:

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aYour quotation must be in the unit in which the quantity is indicated in the enquiry. If it is otherwise, conversion data must be furnished.

bHAL reserves the right to order quantity less than indicated in the enquiry /quoted for by bidder, at the prices quoted, without any reference to the bidder.

Confidentiality:a) All the documents and data related to the subject RFQ is the property of HAL. They should not be reproduced, disclosed or used without the HAL’s prior written approval.b) All the documents supplied by HAL or copied by the supplier should be returned at the end of the contract. A non Disclosure Agreement to be signed immediately after placement of order and the contract. A Non Disclosure Agreement (If not done already) to be signed immediately after placement of order and before commencement of job.c) Only the authorized persons defined during the start of the program (if contract is finalized on you) will have access to the documents supplied by HAL.

Indemnity: The Contractor shall at all times indemnify HAL against all claims which may be made in respect of stores / service for infringement of any right protected by patent, registration of design or trade mark and shall risk of accidents or damage which causes a failure of the supply/services.

Ownership Rights: All the ownership and patent rights related to subject RFP/ order resulting out of subject RFQ and its deliverables shall exclusively rest with HAL/HAL’s CUTOMER and the vendor should not divulge / disclosure / share to any other party including for advertisement purposes with out prior consent of HAL.

Injury / Causalities: HAL will not be responsible for any injury / causality to your personnel while carrying out photography / related services as part of contract. You should ensure adequate safety precautions and comply with statutory requirements.

Customer references with Contract copies, telephone / fax numbers in Kanpur or nearby should be included in the offer (for similar type of Design Work Package or analysis carried out for other customers).

Loss/ Damage to property of HAL & adherence to HAL’s rules: The liability of compensation to HAL in event of any loss/damage to the property of HAL caused by your personnel while carrying out services rests with seller (service provider). The decision of HAL to this effect will be final & binding on seller. All security rules / regulations as per HAL policy should be adhered to while carrying out service.

The Supply/development work should be carried out in HAL kanpur premises / place identified by TARDC

The Supply/development work will be carried out in HAL premises using vendor's computers & requisite software. HAL, Kanpur liability will be limited to providing required space / furniture for development team, power supply and limited downloading connectivity to design database.

Extension of the Agreement, if warranted, will be further discussed and Unit Rates and Terms and Conditions will be mutually agreed and accepted before expiry of running agreement.

On receipt of Purchase Order from HAL-TAD, Contractor should submit detailed action plan, schedules and milestone activities for timely completion of the order and get them coordinated by HAL.





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The vendor should make his own arrangements for the necessary items for the working team.

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The vendor should establish their own computing facilities and software, printing and networking peripherals.CD/DVD & printed documents used for execution of the work should be handed over to HAL. At no instant the vendor will be allowed to carry any information either in CD/DVD or a printed document.

The vendor should bring stationeries and computer consumables (CDs /DVDs / Other data transfer devices). Hard disk used for data storage to be handed over to HALand the vendor should not carry any information with them which pertains to HAL.

HAL liability would be limited to providing required space, digital data storage facilities, power supply and limited downloading connectivity to design database to access UG models / 2D drawings for the development team.

The Contractor shall assign its Employees to perform the services like Networking Management/Data Base Management/Supporting IT-infrastructure as per the Purchase Order and such Employees shall at all times remain on the rolls and under the control and direction of Contractor. The Salary and other Allowances due to such Employees are to be paid by Contractor.

It is the responsibility of Contractor to ensure that such Employees accept the work assigned and remain under obligation to the rules and regulations of HAL. Wherever and whenever software professionals are required by TARDC, they will be deputed by Contractor as per the terms of the Purchase Order

The Contractor shall be responsible for maintaining the satisfactory standard of its employee competency, conduct, integrity and knowledge of software technology. Contractor shall assign competent personnel to carry out the work at the site of HAL. If the performance of any personnel is not satisfactory to HAL, his services would be withdrawn by Contractor and replaced with another personnel.

The work product of orders executed by Contractor against the Purchase orders under intended Agreement entered between HAL and Contractor shall be the sole and exclusive property of HAL.

HAL shall wholly own the Rights for use of any Product/Creation developed by Contractor during execution of individual Purchase Orders by HAL divisions under the agreement.

The Contractor shall provide formats for test acceptance procedures in consultation with HAL and satisfy such acceptance/warranty within the individual purchase order.

Changes: HAL shall notify the changes in the purchase orders in writing within the general scope of Purchase Orders in one or more of the following:i) Technical requirements and description, specifications, statement of work, drawings or designs.ii) Place of delivery.iii) Inspection and testing procedures.iv) Reasonable adjustments in quantities and delivery schedule or both.





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If any changes at clauses in Purchase Orders result in an increase or decrease in the cost or the time required for delivery or delay in inspection/testing, an equitable adjustment in the prices and schedules of the Purchase Order shall be made to reflect such changes and the Purchase Order shall be amended accordingly on mutual consent.

The Contractor shall perform all services with high degree of care, skill and diligence. Contractor shall format the test acceptance in consultation with HAL and satisfy such acceptance/warranty within the individual Purchase Orders.

The Contractor shall carry out any other activity or software services not covered by agreement on such terms and conditions as may be mutually agreed between Contractor and HAL.

VALIDITY OF QUOTATION:Price quoted should be net and unless otherwise specified should remain valid for our acceptance for a minimum of 365 days from the closing date of enquiry and the materials of offered should be kept under provisional reservation for this quotation.

HAL reserves the right to cancel the tender without assigning any reasons thereof.

HAL is not bound to accept the lowest or any quotation and reserves the right of accepting the whole or any part of the quotation or part of the quantity offered and bidder must supply the same at the rate quoted.

Vendor shall not be entitled without HAL’s consent to assign or transfer to a third party all or part of the benefits or obligations under this contract.

Vendor should confirm that they are the original manufacturer of the stores referred to in this contract and has not engaged any individual or firm whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, the award of the contract to the seller nor has any amount been paid or intended to be paid to any such individual or intended to be paid to any firm in respect of any such intercession, facilitation or recommendation, vendor accepts that if it is established that the present declaration is in any way incorrect and if at any later stage it amount/commission to such individual/firm, vendor will be liable to pay the similar amount to HAL for engaging such individual/firm and making the payment as commission. In addition, vendor will also be debarred from entering into any supply contract with the Ministry of Defence, Government of India for a minimum period of5 years. Vendors shall also consider cancellation of the contract without any entitlement or compensation to vendors who shall also be liable to refund all payments made by HAL in terms of the contract along with the interest at the London inter bank offer rate(LIBOR)

New Firm (Non Registered vendor): Firms who have not in the past supplied to HAL items / services in the tender, which they now propose to offer, are required to furnish the following information.

aThe number of years they have been in business dealing in the item(s) /service (s)which they now propose to offer.

bWhether they are on DGS&D approved list or on the approved list of any other PublicSector undertakings for similar stores.





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c Details of supplies made to such undertakings.

d Latest Income Tax clearance certificate and Service Tax clearance certificate etc.

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e Name of Bankers with bank certification.

QUALITY & WORKMANSHIPGenerally the stores shall be of the best quality and workmanship. Contractor shall comply with the contract in all respects be to the satisfaction of HAL. Where tenders are called for in accordance with `particulars', the contractor's tenders to supply in accordance with such particulars' shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of nonexamination or insufficient examination of the`particulars' will in any circumstances be considered. The contractor shall supply the stores in accordance with the `particulars' unless any deviation is authorised as an exception expressly specified in the Purchase Order.The Stores/ Goods supplied shall conform to the standards, if mentioned in the Technical Specifications, or, where no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the concerned institution.

FIRM PRICESThe contract prices will be firm as fixed as per contract terms till execution of contract and exclude subsequent claims or price increases of any kind.

Tenderers should clearly mention whether the prices hold good when the full quantity of enquiry is not ordered but only a part of it. Unless otherwise mentioned, it would be assumed that the rates hold good even when lesser quantities than those enquired of are ordered. Any increase in prices at a later date for ordering lesser quantities will not be agreed to.

REPEAT ORDER: HAL may place a repeat order within one year at the same price for same quantity at the same terms and conditions.

SETTLEMENT OF DISPUTES AND ARBITRATION:Any disputes / disagreement or question arising out of or relating to consequence of the order / contract which cannot be settled mutually shall be settled as per the provisions of the Indian Arbitration and conciliation Act 1996 which is in line with UNCITRAL. The venue of arbitration shall be KANPUR, U.P., INDIA.

IMMUNITY TO GOVERNMENT OF INDIA:It is 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 HAL 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 Contract Law. The vendor shall agree, acknowledge and understand that HAL 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, commissions, breaches or other wrongs arising out of the contract. Accordingly, vendor expressly waives releases and foregoes any and all actions or claims against the Government of India arising out of this contract, not to sue the Government of India as to any manner, claim, and cause of action or thing whatsoever arising out of or under this agreement.





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TERMINATION OF CONTRACT:In case of breach of contract, aggrieved party shall advise in writing to other regarding specific terms of contract which has been breached and will provide reasonable opportunity to improve upon within a specific time period, failing which the aggrieved party have the right to terminate the contract with prior notice.

SHORT CLOSURE OF CONTRACT : HAL reserves the right to short close this contract with prior notice to the vendor at any time during the tenure of the contract. The liability of HAL in this case will be limited to the extend equivalent to the proportion of the cost of development / testing etc., incurred by you till the point of termination of the contract. However HAL’s decision is final in this regard.

APPROPRIATION:Whenever under this Contract any sum of money is recoverable from any sum of payable by the Supplier, HAL shall be entitled to recover such sum by appropriating in part or whole by deducting any sum then due or which at any time thereafter may become due to Supplier in this or any other Contract entered by HAL as a whole or its divisions and branch offices etc. held by him alone or in partnership with others. If this sum is not sufficient to cover the full amount recoverable, the Supplier shall pay to HAL on demand the remaining balance due.

RISK PURCHASE :In the event the SUPPLIER fails to deliver the goods or any consignments thereof within 90 days following the conclusion of the period prescribed for such delivery the PURCHASER may purchase the goods not delivered from the other sources and such a replacement’s total cost to HAL upto to a maximum of one hundred and thirty percent of Supplier’s price for such item shall be deducted by HAL from the next upcoming payment or payments to be made to Supplier under the contract

INSOLVENCYIf youa) enter into liquidation, whether compulsory or voluntary (otherwise than for amalgamation or reconstruction) orb) become insolvent orc) suffer a receiver of the whole or part of your assets to be appointed.You shall forthwith notify the same to HAL and HAL shall have the right without prejudice to its other rights or remedies to terminate the un-executed part of this agreement. In such an event, HAL shall be entitled forthwith to the refund of all the advance payments, if any.

FALL CLAUSE:i. The price charged for the stores supplied under the contract shall be in no event exceed the lowest price at which the contractor sells the stores or offers to sell stores of identical description to any persons/ Organizations including the purchaser of any department of the central Govt., or any Dept., of the state Govt. or any statutory undertaking of the central Govt., or state Govt. as the case may be during the period till the performance of the supply order placed and during currency of the contract is completed.ii. If at anytime during the said period the contractor reduces the sales price, sells or offers to sell such stores to any person /organization including the purchaser or any department of central Govt. or any department of State Govt. or any statutory undertaken of the central or state Govt. as the case may be at a price lower than price chargeable under the contract, he shall forthwith notify such reduction/sale or offer to sale to the Hindustan Aeronautics Limited and the price payable under the contract for the stores supplied after the date of coming into force of such reduction or sale or offer to sale shall stand correspondingly reduced.





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Agents / Agency Commission:The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor / stockiest of original manufacturer or Govt. Sponsored /Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMS) of the stores referred to in this offer / contract /Purchase order and has not engaged any individual or firm, whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to recommend to Buyer or any of its functionaries, whether officially or unofficially, to the award of the contract / purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual / firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract / purchase order, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from participating in any RFQ / Tender for new projects / program with Buyer for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract / Purchase order either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the Buyer in terms of the Contract / Purchase order along with interest at the rate of 2% per annum above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and Base Rate of SBI (State Bank of India) plus 2% (for Indian vendors). The Buyer will also have the right to recover any such amount from any contracts / Purchase order concluded earlier with Buyer.

BRIBES & GIFTS:Any bribe, commission , gift or advantage given, promised or offered by or on behalf of the tenderer or his parties, agent or servant or any one on his or their behalf to any officer, servant, representative or agent of HAL or any person on his or their behalf in relation to the obtaining or to the execution of this or any other contract with HAL shall in addition to any criminal liability which the tenderer may incur, subject the tenderer or cancellation of this and all other contracts with HAL and also to payment of any loss or damage resulting from any such cancellation and thereof. Any question or dispute as to the commission of any offence under the present clause shall be settled by HAL in such manner and on such evidence or information as they may think fit and sufficient and their decision shall be final and conclusive.

It is brought to your kind notice that HAL has not appointed any agent in India or outside India for procurement of any items and deals directly with vendor. In case any individual or firm approaches you posing themselves as authorized agent of HAL, it is requested that you should not entertain such claims and in addition inform immediately to HAL.

The acceptance of offers and Terms & Conditions is at the discretion of HAL. The decision of HAL is final & binding on all the parties.

Vendor should indicate categorically if any of his family member or relative is working in HAL.

SUB-CONTRACTING:Tenderer shall not be entitled to sub contract the obligations of the tenderer without HAL’s written consent. In case the tenderer to subcontract for the WORK or part of the WORK, the same shall be part of this bid only. However the ultimate responsibility with regard to WORK subcontracted would lies with the bidder only.

Please indicate the address, contact details, email ID for future correspondence /clarifications.





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FINANCIAL ASPECTS & COMMERCIAL REQUIREMENTSa All prices payable by HAL for the IETM Class IV workshop against specific supply orders for

Materials, Products and Services etc. should be given in the price format enclosed as Part-V to the RFP. It should be complete in all respects.

Bidder is to ensure that all prices/ values payable are specified in the Price Format. No subsequent addition / alteration / claim will be entertained over and above the quote. Offers without complete information and pricing will be treated as incomplete and will not be considered for evaluation.

All foreign bidders should invariably quote FCA (nearest international airport) delivery terms only. 2.55% of total value of deliverables will be loaded towards Freight & Insurance charges on the FCA value, as applicable of total CIF value will be loaded towards customs duty to arrive at FOR, HAL TAD, Kanpur value, for evaluation purpose. Those foreign bidders quoting other delivery terms than FCA, should mandatorily indicate the FCA value for the purpose of evaluation (as above).

All Indian bidders should invariably quote FOR, HAL TAD, Kanpur basis only. Forthose bidders quoting any other delivery terms, HAL will add 2.55% towards Freight & Insurance charges for arriving at FOR, HAL TAD, Kanpur to decide Lowest bidder.

All Indian bidders shall submit details of all taxes/ duties as applicable.

Bidder should specify the country of origin of supplies.

b Indian Bidders should indicate that if exchange rate variation is applicable on the quoted prices,i) Bidder should invariably specify the Import Content included in the quoted prices in terms of Foreign exchange as well as Indian Rupees. Exchange rate variation will be varied only for the Import to India Content.ii) For the purpose of making payment, the exchange rate adopted will be prevailing TT Selling Rates, as on the date as per delivery terms, and correspondingly the payment will be made.

In respect of foreign bidders, bidders have to bear all taxes, duties and levies payable in their country as well as withholding tax and service tax, as applicable & payable in India. HAL will bear all statutory levies applicable in India, other than above.

Withholding Tax:i) HAL would be deducting at source applicable Income Tax as per Government of India Rules applicable at the time of making payments in respect of services rendered in India. (Generally on the amounts towards services like training, technical assistance offered by the bidder and license fees). As per the Rules, Income tax has to be borne by the recipient of the Income and relevant Certificate to this effect will be issued to the bidder on deduction of such amounts, if applicable.ii) Bidder should bear the applicable withholding income tax in India. Tax would be deducted at source by HAL as per Double Taxation Avoidance Agreement (DTAA) where the bidder could claim the benefit of double taxation in their country as per the bilateral agreement between the two countries. Certificate to this effect would be issued by HAL to enable the bidder to claim the benefit under DTAA.iii) Indian Bidder is required to indicate the PAN No. issued by Indian IncomeTax Authorities.iv) Conditional offers/incomplete offers are liable for rejection





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EXIT CRITERIA

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The Contract / Order may be terminated under the following circumstances:-

i) In the event of unsatisfactory performance by the vendor during the contract period, or any of the information provided by the supplier is found to be untrue, or supplier is found to have attempted to influence any person involved with the contract through unethical means, the contract / order shall be terminated with three month's advance notice without any financial implication to HAL. Notwithstanding the foregoing, in cases where it is found that a supplier is engaged in unethical practices, the same shall be barred from participating in the future contracts for a period indicated in the Purchase Manual.

ii) If there is change in the Customer requirement, contract shall be terminated with three month's advance notice. The liability of HAL in this case will be agreed mutually.

iii) The supplier is declared bankrupt or becomes insolvent

iv) The delivery of material is delayed due to causes of Force Majeure by more than one month

v) Based on the decision of the Arbitration Tribunal

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In the event of termination of contract / order by either party the supplier shall ensure the following:-

i) IPRs are transferred to HAL to enable HAL to proceed on the work with other suppliers. Suppliers also will render all assistance till the other suppliers fully take over the balance work.

ii) Transfer title and deliver all or any part thereof of the supplies, materials, work-in progress, finished products, tooling, drawings and data produced or acquired by vendor specifically for the product being terminated.

iii) Supplier shall ensure necessary support towards completed WORK at least for a period of 15 years from the date of such termination

Commercial Bid: The bid should include only pricing aspect. The price format provided should be strictly followed. This price bid should not be uploaded even in pdf form in technical bid zone. The price quoted is inclusive of charges towards utilization of services.

The price quoted is inclusive of charges towards package includes hardware / software that would be transferred to HAL, KANPUR. Services towards supply/work, setting up of Workshop at HAL Kanpur, and setting up of workstations at end user sites including all required Spares, Service and Labour.

The price quoted is inclusive of charges towards setting up of Client-Server architecture based IETM documentation generation, updation, and maintenance facility (referred as ‘workshop’ hereafter) at HAL TAD, Kanpur including server (s) and workstations. Before end of the contract period the vendor should hand over this setup to HAL, KANPUR

The price quoted is inclusive of charges towards Installing the electronic version of the Technical and Flight Manuals on the HAL server for access from HAL Network. The tendered work (as mention in technical specification ANNEXURE -4) to be completed within schedule as per ANNEXURE -3. However, vendor should be ready to complete the work well in advance as and when HAL provides the inputs inline with the monthly/ quarterly reviews.

Vendor should provide standard warranty for hardware and AMC for software of 24 months from the date of last delivery for package / software with hardware setup (consisting of IETM Software & PCs with mentioned configuration as in technical specification Annexure-4) if any.

NOTE: Vendors are required to indicate their compliance to each of the above terms, wherever they cannot comply, they can offer their alternate terms. Acceptance orotherwise of such alternate terms will be decided by HAL. Decision of HAL on such acceptance is final and binding on all vendors.The queries/Clarifications if any, may be directed in writing or through fax at +91-(512)-2450505 or email at [email protected]/[email protected] "NA" WHEREVER NOT APPLICABLE

Type of Bid Document: Commercial Compliance Matrix

S u p p l y o f T e c h n i c a l m a n u a l s i n t o I E T M c l a s s I V s t a n d a r d f o r D o - 2 2 8 a i r c r a f t

PLEASE INDICATE YOUR RESPONSE/ COMPLAINCE/ ACCEPTANCE TO THE FOLLOW ING TERMS AND UPLOAD AS A PART OF TECHNICAL BID.

PLEASE NOTE THAT CORRIGENDUM TO THIS TENDER WILL NOT BE ADVERTISED IN THE NEWSPAPER AND WILL BE UPLOADED IN HALe-PORTAL / HAL WEBSITE ONLY. REQUEST TO PERIODICALLY WATCH THE e-PORTAL / HAL WEBSITE

NOTE: IN CASE OF ANY PRICE INFORMATION PROIVIDED IN TECHNICAL BID, EVEN IN THE FORM OF PDF, THE TECHNICAL BID WOULD NOT BE CONSIDERED FOR EVALUATION AND

VENDOR'S COMPLIANCE



NOTE: Vendors are required to indicate their compliance to each of the above terms, wherever they cannot comply, they can offer their alternate terms. Acceptance orotherwise of such alternate terms will be decided by HAL. Decision of HAL on such acceptance is final and binding on all vendors.The queries/Clarifications if any, may be directed in writing or through fax at +91-(512)-2450505 or email at [email protected]/[email protected]