COCKPIT VIDEO CAMERA FOR UTILITY HELICOPTER MARITIME UNDER UHM

COCKPIT VIDEO CAMERA with Memory Card, GPS Antenna (If required), Mounting Bracket, Connectors, EMI-EMC Backshell, Special Cable Supplied with System (If any) As per Technical Specification ref: RC/ALH-UHM/MSI/SRD/070 Issue I, Rev A, Dt. 12.1.2023

Class-I local supplier means a Supplier or Service Provider, whose goods, services & works offered for procurement, has local content equal to or more than 50%.

Class-II local supplier means a Supplier or Service Provider, whose goods, services & works offered for procurement, has local content equal to or more than 20% but less than 50%.

Local content: Local content means the amount of value added in India (i.e.indigenous items/services added in the offered products/services/works) be the total value of the item offered (excluding net domestic indirect taxes) minus the value of imported c

Purchase Preference, as detailed at Enclosure-A, is applicable only to Class-I local supplier. In case of non-submission of ‘Certificate as stipulated’, the purchase preference shall not apply.

A copy of ink-signed certificate should be uploaded along with technical bid in e-portal and original certificate should reach us within 15 days of due date of tender otherwise the purchase preference will not be applicable for the said offer.

The offer/bid received without indicating the percentage of local content will not be considered & rejected.

RC/IMM/CVC/8422LRU/200/2

TECHNICAL REQUIREMENTS

INTRODUCTION

PURPOSE OF THE DOCUMENT

DETAILS OF UHM

INTEGRATION OF COCKPIT VIDEO CAMERA (CVC) ON UHM

TECHNICAL REQUIREMENTS

Recording Function

The airworthy video camera shall be able to record video of Main Instrument Panel (MIP) and outside environment in HD-SDI format or better. All 4 MFDs are to be the primary zone for fixed focus whereas cockpit external view should be secondary zone.

The camera shall have capability to record roll, pitch, yaw rates, acceleration along with track, ground speed and height parameters of the helicopter.

The camera shall record ICS/RT (Pilot and Co-pilot audio).

The camera shall be able to continuously record 7.5 Hours of Data [i.e., Video, Audio and parameters]. The Data shall be recorded in removable memory card.

Ground Replay System (GRS) Application

The software application shall support play back of synchronized data. There should be no degradation of the data quality on replay.

Vendor shall provide the software application (GUI interface for Data downloading, playback, debrief and sortie analysis) for installation on a common ruggedized laptop /other PC provided by HAL for all the applications related to UHM.

The full motion path of the helicopter shall be viewable (in 3D) for debrief and sortie analysis purposes on the GRS application.

It shall be possible to download Data from the removable card by using a ruggedized laptop.

The GRS application shall be password protected.

GRS application should have following Controls / Features for play back:

The GRS application should be license free for portability.

CAMERA GENERAL REQUIREMENTS

The camera should have inbuilt IMU and a GPS antenna to record Helicopter parameters with time.

The camera should be Airworthy.

The camera should be able to record MIP and external environment in both day and night conditions (with existing ambient light).

The camera should be able to record stable video free of degradations like pixel breaking, hanging, sluggish movement, artificial line etc on Helicopter platform.

It is desired that the camera have image stabilization feature.

The FOV, resolution and frame rate of the camera should be as follows:

Camera should have focus capability to adjust the focus for the specific cockpit.

It is desired that there shall be a provision to carry out software loading activity on the helicopter in installed condition. Vendor should give Camera software loading capability to HAL (if any).

All Support equipment like GHE/GSE, tools, special cables etc to be suitably marinized.

All equipments should be supplied in ruggedized carrying cases.

Design requirements

The Camera shall be modular in design. All requirements to be realized in single, light weight, compact Camera.

System should have quick/easy installation and removal without any major adjustment under field conditions. Vendor to specify if any adjustment required during field conditions.

The LRU design should ensure that the power and signal lines are routed to separate connectors on the units for ease of routing and troubleshooting on the helicopter.

Adequate power up (Indication for Camera 'ON/OFF'), with appropriate failure annunciations should be available.

Mechanical Requirements

The weight of LRUs of camera system should not exceed 1.0 Kg including mounting bracket and shock mounts (if any).The weight indicated is excluding the aircraft looms, installation brackets or any fixtures specific to installation on the helicopter.

Vendor should provide Mechanical ICD (2D & 3D drawings in .igs or .stp format) indicating dimensions, weight and CG of each LRU (including mounting tray) along with the mounting provision and space envelop considering maintainability.

Vendor to specify installation requirements and restrictions if any for Camera.

Vendor to indicate if there are any restrictions with regards to length of the cable connecting the various LRUs. Typically, the cable lengths would not be greater than 10 m.

Electronic Unit dimensions should be in accordance with standard ATR sizes (if applicable).

It is desired that the LRU’s of Camera should be interchangeable. Any replacement in LRU / component of the camera should not affect system performance.

The helicopter will be operating in extreme Saline, Hot, Cold and Dusty environment. Hence, the LRU design should ensure that it withstands the saline environment (should be corrosion resistant), does not allow dust to accumulate and should operate in hot & cold conditions.

LRU should be easily cleaned without any specific tools.

All Legends should be in English on the LRU’s for nomenclature.

Electrical Requirements

Power supply characteristics

The power supply on UHM is 28 V DC and 115/200 V 400Hz AC with steady state and transient voltage characteristics complying with MIL-STD-704D requirements. The proposed system should be capable of working with this power supply.

Built in protection against power supply malfunction, reverse input voltage and over-temperature to be provided.

The complete system should power ON by use of a single switch.

The legends for the push buttons and control knobs should be illuminated (desirable).

It is desirable that switches and knobs on the camera to have yellow Saturn caps / paint to be visible at night and to be compatible with Gen 3 or better NVG compatible (Class B). Lighting and indicators to be of LED type. The lighting of the Panel to be NVIS Green A color.

Power consumption & heat dissipation

The Power consumption of camera should be less than or equal to 28 watts (i.e., max 1A current at 28V DC) and heat dissipation should be less than or equal to 28 watts. Vendor to indicate power consumption of the camera system (each LRU) for steady state and transient loads with inrush current details and their duration.

Cooling of the units, if required, should be self-contained.

Camera should work without air-conditioning.

Power consumption requirements should include the power required for any forced cooling provided in the LRU.

Any specific items or limitations related to cooling to be clearly brought out in proposal.

System warm up time for the operating temperatures of 0°C, 30°C & 55°C should be specified.

Connectors

The connectors should be as per MIL-DTL-38999 series 3 or 4 type (crimp type). If alternate connectors are offered, they should meet applicable airworthiness standards and should be supplied by the Vendor as part of delivery. Solder type mating connectors are not acceptable.

Connectors should be self locking type.

There shall be adequate identification for all connectors on the LRUs. No two connectors on the same LRU shall be interchangeable; adequate design measures shall take care of this requirement.

The connectors shall withstand corrosion and coastal saline environment as the helicopter operation (most of the times) will be over sea/ocean including storage inside hangars on ship deck.

Electrical schematic/interconnection diagram should be provided by Vendor.

Bonding

BUILT- IN-TEST (BIT) FACILITY

The system should have a comprehensive built in testing capability performed at different levels as given below:

The BIT function should be designed to provide data (appropriate failure annunciations/indication) on the system status during flight and maintenance.

Vendor to indicate % coverage for PBIT, CBIT. 90% (PBIT) and 85% (CBIT) coverage is desired.

APPROACH TO INTEGRATION OF CAMERA ON UHM (DEVELOPMENT PHASE)

Camera system would be integrated and tested on two UHM helicopters to verify the installed performance. Vendor shall be responsible to demonstrate the installed performance of the system on UHM during the development phase. Installed performance would be checked against technical requirements mentioned in this document. Any modifications required in the system to comply with technical / installation / operational / performance requirements should be carried out by the vendor within the scope of project. Test Plan and schedule for the camera will be mutually agreed.

Vendor is responsible for maintaining the LRUs / equipment in working condition during the development phase until certification.

Definition phase

Interface Control Document (ICD)

Interface Control Document (ICD) for the system should be provided by the vendor during development phase.

If any discrete input / output signals are required, vendor should provide details of type of discrete, voltage levels, logic of operation etc.

The ICD (Mechanical, Electrical) would be discussed and finalized during the development phase. Vendor should provide the preliminary interface details in the technical proposal.

Functional Requirement Document (FRD)

Man-Machine Interface / Operational Aspects:

Ground Integration Rig

Lab checks will be carried out in the System Integration Laboratory (SIL) at HAL, prior to actual ground testing of the system on the helicopter. During these checks the camera System will be checked in standalone configuration, along with other Glass Cockpit interface to check proper integration. Following checks would be performed in SIL:

Vendor should include in the proposal, a write up as to how the system could be tested on the integration rig and accordingly an Acceptance Test Procedure (ATP) for lab should be provided. Vendor should include in the proposal necessary test setup (including regulated power supply for system powering up) if any required to test the system functioning and checks as per ATP in SIL.

Ground and Flight Test Procedure

Vendor to provide test procedure to verify the system performance requirements on ground & in flight. The same will be mutually agreed between HAL and Vendor with User inputs.

Any of the parameters which cannot be evaluated during ground & in flight, vendor to provide documentary evidence for the same for submission to Certification Agencies.

QUALIFICATION AND CERTIFICATION REQUIREMENTS

Certification of the System

Design Documentation listed at Para 13.2.

The certification of Camera system by certifying agency from the Country of origin(if available).

The qualification test plan (agreed) and reports w.r.t Environmental and EMI/EMC qualification.

Satisfactory installed performance of the Camera on Helicopter – both on ground and in flight (Ground and Flight test report will be submitted by HAL after testing).

Environmental and EMI/EMC test requirements

The Flight & Structural envelope and Operating Envelope for the UHM helicopter is placed at ANNEXURE-III.

The System should meet the Environmental tests as per MIL-STD-810F(or above), EMI / EMC tests as per MIL-STD-461F, power supply as per MIL-STD-704 D & MIL-HDBK-704-8 and compass safety requirements (if applicable) as per DO-160G (Section 15, Cat Z) and lightning test as per CS117 of MIL-STD-461G (Refer ANNEXURE-IV).

If system is qualified as per DO-160G, Vendor shall provide compliance with military standards (i.e., MIL-STD-810F, MIL-STD-461F, MIL-STD-461G, MIL-STD-704D and MIL-HDBK-704-8) and carry out the testing (if required) in case some specific test are not carried out or test carried out is not having compliance with respect to level or duration. (Refer ANNEXURE-IV).

Point to point compliance indicating the method, procedure and limits should be provided for ANNEXURE-IV. The method of compliance i.e., whether by tests / by similarity / by analysis should be mentioned.

Tests as per latest versions of applicable standards with equivalent test levels are acceptable. In case the tests already conducted are of lower level or duration than that specified here–in, Vendor shall re–test & qualify the unit to show compliance to specified requirement.

Software

In case the system is certified by any International airworthiness certification agency (FAA, EASA etc) or certification agency from the country of origin, vendor to provide the certificate from the certification agency along with the following documents in English:

If the software development is a collaborative effort with an Indian agency, the methodology of software development, standards to be followed and the documents to be generated shall be finalized amongst the Indian agency, vendor and CEMILAC.

Subsequent to clearance of the software developed by the foreign vendor for service use on aircraft flying in India, if any change/up-grade is undertaken by the foreign vendor, with the support of the foreign airworthiness certification agency, then such change/upgrade shall be approved by CEMILAC only after the requisite documents are made available to them.

The Design Assurance Level (DAL) of the system to be level E.

Complex Electronic Hardware (CEH)

ENVIRONMENTAL STRESS SCREENING (ESS)

ESS should be carried out on each development and production units. The following tests should be carried out as part of ESS:

Test levels, duration and detailed test procedures shall be mutually agreed by the vendor, HAL and certification agencies, if required.

RELIABILITY & MAINTAINABILITY REQUIREMENTS

MTBF AND Shelf Life (ARW Environment)

Vendor to provide the total technical life (TTL) of all the LRU’s of Camera system.

System LRU’s are preferred to be ON condition items. If not, Vendor to indicate TBO (Time between Overhaul) of the system (if any).

Vendor should specify the MTBF of each LRU and the complete system (2500 hours at 30°C) at 0°C, 30°C and 55°C.

Vendor to provide details of calculations and assumptions made in arriving at the MTBF estimate as per MIL-HDBK-217F / 217 PLUS.

MTBF data to be provided based on either theoretical estimate or field failure data on units already delivered by the Vendor for other helicopters.

As MTBF is a critical parameter, vendor should adhere to the MTBF figure committed. MTBF of all LRUs would be monitored after deployment in field. The achieved MTBF values after certification should not be less than the committed values. If the system is not able to meet the stated MTBF, then the vendor should take up repair and replacement of the failed LRUs / Component.

Following data to be considered while estimating MTBF for the system:

The system should be fully supported by OEM for minimum 25 years from date of delivery. Vendor to provide plan to provide the support.

There shall be no shelf life limitation for the LRU’s. If the system is shelf life limited, vendor to provide the details.

The servicing and maintenance schedules should include:

Spare Parts Requirement

General

The system should be capable of continuous operation for not less than 7.5 hours per day (minimum criteria). Limitations if any, in any of the LRU’s/modes should be clearly brought out in the proposal.

No periodic maintenance/adjustments should be required. If any scheduled maintenance is required, then it should be possible to carry out the maintenance locally in India.

No special tools other than those, which are normally available as Commercial standards are to be required for installation purpose.

The system should be resilient to withstand g load during take-off and landing of the helicopter on ship deck throughout its life cycle. Vendor to specify the repetitive g-load for which the system is tested.

The helicopter will be deployed on ship deck and stored in the ship hangars. The system should not have any restriction in operation during take-off and landing on the ship and also during ground checks on the ship deck.

DELIVERABLES DURING DEVELOPMENT PHASE

Three helicopter sets (two sets for two helicopters and one set as spare for helicopter / SIL checks) of Camera system are required for the development phase.

One helicopter set should consist of following:

Additionally 02 sets of mating connectors, EMI-EMC back shells (preferred).

Additional 03 sets of special cables, special connectors (if any).

Ruggedized Laptop (configuration: windows 11 or better version, i7/i9 processor, 16/32 GB ram, 8/16 GB graphics card, 15/17 inch display, 2 TB hard disk and 128/256GB SSD (or better), 03 USB port (i.e., 2.0, 3.0 and latest), HDMI port, Ethernet port, wireless optical mouse) with Ground Replay Software & Maintenance application package & accessories (for Laptop adaptation of card used for recording) if any. Vendor to incorporate and provide updated software based on development phase integration. The GRS should have licencesed Microsoft Office and Antivirus installed.

Test set up (including fixtures), special cables for SIL checks and suitable power supply/adapter for the system operation in SIL (Lab will have 230 V AC @ 50 Hz).

Ground support equipment, Ground handling equipment (GSE&GHE) of Camera system required for carrying out ground checks and maintenance activity with associated documents, if applicable.

‘Special type’ test equipment required with associated documents, if any.

List of general purpose test equipment with specification and type number should be provided.

Documents should be in English language. Soft copies of all the documents listed in Paragraph 12.2 (Deliverable documents) should be provided.

REQUIRED DOCUMENTATION

Documents accompanying proposal

Technical Description of the system with dimensional drawings of each of the LRU, mechanical and electrical interfaces (include mating connectors details/special connectors, if any). 3D models of each LRU’s (in .stp / parasolid (.x_t) format) for installation feasibility study.

Point-to-point / Para wise compliance table with respect to this specification (including Enclosures). Vendor to indicate means of compliance for each of the technical requirements (Ex. Testing (Lab, Ground, and Flight) Analysis, by Design).

List of other platforms, especially helicopters, where Vendor has commissioned similar system along with the duration for which the system has been operational and MTBF/MTTR for the same from field data.

Qualification/ Certification status of the units proposed.

Development phase plan.

Lead time for supply of development phase and production phase units.

List of deliverables including for SIL Testing and GHE/GSE.

Deliverable documents

Technical specification with design parameters and operational details.

Design drawings including Schematic diagrams with Electrical interface details (including pin-out details) and Mechanical 2D & 3D drawings (along with weight details) and 3D model of LRUs (in step, parasolid format) with installation instructions.

Agreed Qualification Test Plan (QTP), procedures covering Environmental Tests and EMI/EMC Tests (including tests complied by similarity/ analysis as applicable).

Qualification Test Reports (QTR) (including similarity/ analysis reports as applicable).

Operation and Installation manual providing detailed procedures.

Software documents as per software standard followed.

Declaration of Design and Performance (DDP)

ESS test schedule & reports for development and production units.

Configuration Control document for hardware and software.

Acceptance Test Procedure and Acceptance Test Report for all the units.

Release notes/ Certificate of Conformance with each unit.

Maintenance Manual for daily & periodic inspection, Handling, Storage, preservation and trouble shooting (O-level maintenance) including details of test equipment or tools required for this purpose. The troubleshooting manual should indicate all the failures which system can encounter due to Hardware & software failures including remedial actions to resolve the same. The manual should clearly indicate GSE, GHE & Special purpose Test equipment required (if any) along with the maintenance procedure (daily/routine), calibration requirements, spares etc for support/test equipment proposed by the vendor.

System Safety Analysis (SSA), FHA report, Fault tree analysis (FTA)

FMECA and Reliability analysis based on MIL–HDBK-217F.

Vendors Quality Assurance procedures and documents

Pre-installation, Ground and Flight test procedures.

Illustrated Parts Catalogue (IPC) for LRU level and trays etc

Manufacturers Recommended List of Spares (MRLS) duly priced, for a period of two years and five years for maintenance of 5 systems.

Development phase plan with milestone for system integration on UHM.

Type approval certificates from certification authorities of the country of origin (if available)

Vendor’s organization Approval certificate from Airworthiness authorities (if available).

Software and CEH documentation as per para 9.3 & 9.4 (as applicable).

BIT coverage report.

No malware/spyware/rogue software certificate for LRUs and GHE/GSE.

QUALITY ASSURANCE REQUIREMENTS

Vendor should provide quality assurance plan. The standards and regulations to which the quality assurance/control conforms shall be supplied.

Component screening: Vendor to specify if any non-mil grade components are used in the LRUs. If yes, Vendor to inform the quality assurance followed for such components / cards.

Each prototype and production unit shall be subjected to Acceptance Test Procedure (ATP) and corresponding Acceptance Test Reports (ATR) shall be submitted to HAL.

In case of any changes in hardware, firmware and/or software configuration in any of the Camera System LRU’s after certification, vendor shall provide an Engineering Change Notice (ECN) detailing the proposed change. The change shall be implemented only after obtaining necessary approval from HAL/Certification authorities.

All defects shall be fully investigated and recorded. Vendor to provide detailed defect investigation reports on failures / defects reported during Operation of the system. Corrective actions shall be identified. In-service reliability shall be monitored to avoid frequent / repetitive failures.

Any improvements implemented due to technology Upgradation, internal improvements, etc. should be informed in advance.

NAME PLATE / PRODUCT MARKING

ONSITE SUPPORT & TRAINING (DEVLOPMENT PHASE)

Onsite Support

Onsite Support for Technical discussion, SIL testing, Ground Testing, Flight Testing (Bangalore and at sea), Certification.

Training

Designers, Certification agency and maintenance representatives for System familiarization and O level maintenance.

Pilots for system familiarisation

VENDOR’S TECHNICAL ASSISTANCE / RESPONSIBILITY

Vendor should provide support for following activities in order to establish the installed performance of the system on helicopter:

Based on the feedback from integration, flight testing and operational exploitation, certain changes / modifications may come up in the system in terms of hardware, firmware and/ or software. It is the responsibility of vendor to carry out such modifications/changes within scope of project.

In case of any changes in hardware, firmware and/or software configuration in the system after certification, vendor shall provide an engineering change notice (ECN) detailing the proposed change. If the proposed change calls for delta qualification, the same to be carried out. The change shall be implemented after obtaining necessary approval from HAL/ Certification authorities.

Vendor also to provide technical assistance at the customer bases if the system performance during operational exploitation (within scope of the project) is not satisfactory.

The overall responsibility for system performance during integration, testing and certification and post certification of system would be with the Vendor.

PRODUCTION PHASE

Vendor should provide list of test equipments required for production phase.

All Support equipment like GHE/GSE, tools, special cables etc to be suitably marinized.

Vendor to provide list of ground support and handling equipments (GSE & GHE), spares and training duly priced required for maintenance of the system during production phase and for periodic maintenance of the system during its operational life cycle (at HAL/User Base).

Vendor has to upgrade and support the software and Hardware of GHE/GSE items for production phase.

Vendor to provide special cables to be used along with common laptop to access the Camera System for data download, software update and other maintenance activities.

Estimation of technical assistance for production would be arrived at during production phase. The technical assistance will tentatively cover on-site support for maintenance / trouble-shooting of the system / training.

Issue regarding obsolescence and actions to overcome the same to be informed to HAL well in advance for supporting existing fleet.

One Ruggedized Laptop [same/better configuration as development phase] with Ground Replay Software and Maintenance software package & accessories will be required for HAL production Division during production phase.

For Customer delivery, Ruggedized Laptop (or Ground replay software package) & accessories (to connect card used for recording to Laptop) will be required. This will be decided during production order based on Customer requirement.

VENDOR’S EXPERIENCE

Audio System Details

Limit loads on the helicopter center of gravity

Limit loads on the C.G of inboard store derived from I as per para 30.2.1 of MIL-STD-8591H(Inertia Loads due to acceleration)

Limit loads on the C.G of outboard store derived from I as per para 30.2.1 of MIL-STD-8591H(Inertia Loads due to acceleration)

Environmental Test Requirements

EMI/EMC Test Requirement

Tests as per other standards

Vendor to indicate the standard followed for development of all the TTGEs and confirm that TTGEs meet the end user requirements.

Technical Specification for the TTGEs

Acceptance Test Plan (ATP) - Acceptance Test Plan shall broadly include:

Acceptance Test Report (ATR)

Certificate of Compliance (CoC)

Manuals – TTGE User Manual/Installation Manual/Operating Manual & Maintenance manual including calibration requirement, product support, list of spare parts etc.

DESCRIPTION

GST Amount

COCKPIT VIDEO CAMERA with Memory Card, GPS Antenna (If required), Mounting Bracket, Connectors, EMI-EMC Backshell, Special Cable Supplied with System (If any) As per Technical Specification ref: RC/ALH-UHM/MSI/SRD/070 Issue I, Rev A, Dt. 12.1.2023

NON RECURRING COST FOR COCKPIT VIDEO CAMERA SYSTEM FOR UH-M VARIANT AS PER TECHNICAL SPECIFICATION : RC/ALH-UHM/MSI/SRD/070 Iss- I, Rev -A Dt.12/01/2023. i) MEETINGS SUCH AS PDR CDR AND REVIEWS - 04 MEETING ii) SYSTEM QUALIFICATION - 01 LOT iii) TECHNICAL SUPPORT FOR INTEGRATION AND CERTIFICATION - 05 WEEKS iv) DOCUMENTATION (QUALIFICATION REPORTS, MANUALS ETC) - 01 LOT v) TRANING FOR SYSTEM & GDS or (GRS) - 01 WEEK

LAPTOP BASED GROUND DEBRIEF STATION (GDS) (or Ground Replay Station (GRS)) WITH SOFTWARE LICENCE

SPECIAL CABLE FOR LOOM FABRICATION (IF ANY)

ADDITIONAL SET OF CONNECTORS FOR CAMERA

Note: Please indicate the % of import content involved in the quoted base price as well as the % of customs duty on this import content included in the quoted base price. If HAL give Custom Duty Exemption Certificate for imported components/items, Custom Duty amount will be excluded from evaluation and ordering.

DESCRIPTION

GST Amount

COCKPIT VIDEO CAMERA with Memory Card, GPS Antenna (If required), Mounting Bracket, Connectors, Backshell, Special Cable Supplied with System (If any)

DESCRIPTION

GST Amount

COCKPIT VIDEO CAMERA with Memory Card, GPS Antenna (If required), Special Cable Supplied with System (If any)

DESCRIPTION

GST Amount

GROUND DEBRIEF STATION SOFTWARE LICENSE

SPECIAL CABLE FOR LOOM FABRICATION (IF ANY)

CAMERA MEMORY CARD

GPS ANTENNA (If Required)

MOUNTING BRACKET (For Camera)

COCKPIT VIDEO CAMERA with Memory Card, GPS Antenna (If required), Mounting Bracket, Connectors, Backshell, Special Cable Supplied with System (If any) As per technical specification

Note: Please indicate the % of import content involved in the quoted base price as well as the % of customs duty on this import content included in the quoted base price. If HAL give Custom Duty Exemption Certificate for imported components/items, Custom Duty amount will be excluded from evaluation and ordering.

DESCRIPTION

TOTAL OF DEVELOPMENT PHASE (A)

TOTAL OF PRODUCTION PHASE (B)

other's if any (Please Specify)

other's if any (Please Specify)

other's if any (Please Specify)

other's if any (Please Specify)

DESCRIPTION

DESCRIPTION

DESCRIPTION

Rate per Man day of technical assistance (inclusive of technical fees, accommodation and other charges with exclusion of only air fare) at 2025 price level for availing technical assistance beyond the scope of contract as specified, which option may be exercised by HAL based on requirements during various phases of the programme. (Air fare would be reimbursable on submission of invoice based on actual expenditure).

Rate per Man day for Training at HAL (inclusive of technical fees, accommodation and other charges with exclusion of only air fare) at 2025 price level for availing training beyond the scope of contract as specified, which option may be exercised by HAL based on requirements during various phases of the programme. (Air fare would be reimbursable on submission of invoice based on actual expenditure).

Rate per Man day for Training at Vendor’s works at 2025 price level for availing training beyond the scope of contract as specified, which option may be exercised by HAL based on requirements during various phases of the programme

Description

Activity

Whether the firm is registered with RWRDC/ Any other division of HAL/Any other DPSU.

Whether Itemwise delivery lead time is indicated in the offer.

Whether validity of the offer indicated as per RFQ.

Warranty: Whether warranty indicated in offer as per RFQ.

Liquidated Damages: Whether Liquidated Damages indicated in offer as per RFQ

Payment terms: Whether payment terms indicated in offer as per RFQ

Please confirm whether following compliance sheets are uploaded as per RFQ formats: Part-IA: Technical Specification Compliance Matrix Part-IB: Main RFQ Compliance Matrix Part-II: Commercial Terms & Conditions Compliance Matrix Part-III: Price Bid Format

Please confirm whether Integrity Pact (Standalone Or Omnibus) submitted as per the attached RFQ format as in Part-IV

Please confirm whether Non-Disclosure Agreement is submitted as per the attached RFQ format as per part-V

Please confirm if aware of Purchase Preference Policy as in Appendix-A

Please confirm whether Annexure-IA & Annexure-IB (Declaration Certificate for Bidder sharing Land Border with India as per Appendix C) is submitted as per RFQ

Please confirm whether Enclosure-II and Enclosure-IA (Local Content Certification) is submitted as per RFQ

Please confirm whether Bank Details as per Bank Mandate Form Duly signed by Bank officials with bank Seal is submitted as per Annexure-1

Whethere agreed for submission of security deposit & performance bank guaranteee

Description

GENERAL INFORMATION:

Hindustan Aeronautics Limited (HAL), a Maharatna Public Sector Undertaking, is engaged in Design, Development, Manufacture, and Repair & Overhaul of Aircraft, Aero Engines, Helicopters, Avionics and Accessories (www.hal-india.co.in).

Rotary Wing Research & Design Centre (RWRDC), one of the flagship R&D division of HAL located at Bangalore (India), is currently engaged in design, development, flight testing and certification of helicopters to meet the requirements of Indian Armed Forces as well as of Civilian Market while exploring the export business opportunities.

This RFQ deals with requirement of “COCKPIT VIDEO CAMERA FOR UH-M” program.

SYSTEM REQUIREMENT DEFINITION:

Technical requirement

The Technical Specification (or System Requirement) of the COCKPIT VIDEO CAMERA FOR UH-M (hereinafter also referred as “System” based on context) shall be as per HAL reference document no. RC/ALH-UHM/MSI/SRD/070 Issue I Rev A dated 12-01-2023 enclosed as PART- I to this RFQ.

Based on design reviews, or problems noticed during integration and testing, if there is any need for modification/ change in the system to make it compliant to Technical Specifications and/or to make it fit for use shall be the responsibility of the vendor to carry out such modifications / changes and render technical assistance without additional cost to HAL.

The system offered should be of the current design and should be maintained in service for a period of at least 25 years (after delivery). In case a need arises on the vendor’s end to replace the system with a superior or an upgraded system for any reason including addressing obsolescence, vendor should take responsibility for offering such alternate system at prices not more than what are quoted against this RFQ.

Integration/ Certification requirements:

Vendor should supply System for integration into UH-M during development phase as per schedule given below. Technical and Qualification Documentation, Ground Support Equipment, Special Tools (if any, required for equipment installation/removal, testing and maintenance) along with spares that are required to prove the system on UH-M platform should be proposed by the vendor and deliveries are to match the requirements at various phases of the project.

Vendor should note that in the process of proving the system on UH-M, necessary services such as Systems Engineering, Adaptations of Hardware and technical services may be required by HAL during the Integration and Ground and Flight evaluation of the system on UH-M including training to HAL representatives to carry out such tasks. Vendor should provide technical assistance to HAL in these aspects.

Schedule of Deliverables: The proposed system is required by HAL in two phases as given below: Adherence to the required schedules shall be an important consideration for accepting or rejecting Bids. Minor deviations in this regard may be accepted by HAL based solely on its judgment and discretion.

Development Phase: During the development Phase, our requirement of units is as follows:

COCKPIT VIDEO CAMERA with Memory Card, GPS Antenna (If required), Mounting Bracket, Connectors, EMI-EMC Back shells, Special Cable Supplied with System (If any)

Non-Recurring Cost (NRC) for cockpit video camera system for UH-M variant as per technical specification: RC/ALH-UHM/MSI/SRD/070 Iss- I, Rev -A dated 12/01/2023

Laptop Based Ground Debrief Station (GDS) (or Ground Replay Station (GRS)) With Software Licence.

Special Cable for Loom Fabrication (If Any)

Additional Set of Connectors for Camera

Production Phase:

Year of Delivery

Year of Delivery

Year of Delivery

600 Meter

Product support during service life:

Vendor should supply recommended spares for operator level servicing and should carry out the necessary product support activities. Vendor should also recommend the list of test equipment/ fixtures and special tools required for servicing at HAL/ its customer bases.

Vendor should indicate lead time for supply of spares, test equipment, etc. and should authorize HAL for direct purchase from OEMs/Primary vendors of the spares, test equipment, etc.

VENDOR QUALIFICATION CRITERIA:

Bids are invited only from Class-I local supplier (means a Supplier or Service Provider, whose goods, services & works offered for procurement, has local content equal to or more than 50%) & Class-II local supplier (means a Supplier or Service Provider, whose goods, services & works offered for procurement, has local content of 20% or more but less than 50%). Bids from vendors other than Class-I or Class-II local suppliers will be summarily rejected.

Definition of Local content: Local content means the amount of value added in India (i.e., indigenous items/services added in the offered products/services/works) be the total value of the item offered (excluding net domestic indirect taxes) minus the value of imported content in the item (including all customs duties/IGST) as a proportion of the total value (excluding net domestic indirect taxes), in percentage.

The ‘Class-I & II local supplier’ should provide a “Certificate from the statutory auditor or cost auditor based on the quoted value” (Formats placed at Enclosure-II) along with technical offer indicating that the item offered meets the minimum local content as mentioned above and provide the % of local content along with details of the location(s) at which the local value addition is made. It is mandatory to indicate minimum local content in ENCLOSURE-IA. A copy of ink-signed certificate should be uploaded along with technical bid in e-portal and original certificate should reach us within 15 days of due date of tender. The offer/bid received from vendors without indicating the percentage of local content will be rejected.

Adherence to agreed Integration Plan and Delivery Schedule: Vendor shall propose available system (i.e., developed or certified) that can be customized to meet Technical Specifications of this RFQ rather than a system which has to be developed ab initio or which is primitive to start with and needs major development effort to bring it up to the required level of sophistication. Accordingly, the latter type of systems offered will be technically disqualified solely based on HAL’s assessment. Vendor is required to indicate the Integration schedule (in the form of a Gantt chart) broadly in line with the schedules required as per this RFQ (for adaptation, qualification tests, items delivery, IV&V, documents delivery, meetings and training etc.).

Purchase Preference, as detailed at Appendix-A, is applicable only to Class-I local supplier. In case of non-submission of ‘Self Certification/ certificate from the statutory auditor or cost auditor’ as stated above, the purchase preference shall not apply. The subject item falls under Indivisible category.

Prior experience

Vendor should have adequate knowledge in the fields of design, development and supply of subject system or similar system. Vendor should also have infrastructure and skilled manpower required to execute the contract as a time bound project. Testimonials to this effect should be provided.

Sound Financial Standing

Vendor should have a sound financial standing with stable operations during last three years. Vendor therefore should provide authentic information relating to the company profile along with audited statement of accounts/ balance sheet for a period of last three years.

Other REQUIREMENTS:

As MTBF is a critical parameter, vendor should adhere to the MTBF figure committed. MTBF of all LRUs would be monitored after deployment in field. The achieved MTBF values after certification should not be less than the committed values. If the system is not able to meet the stated MTBF, then the vendor should take up repair and replacement of the failed LRUs / Component without any cost penalty to HAL or the User.

If Cockpit Camera systems have tools and testers, vendor should clearly indicate whether any of the tool and testers supplied along with system requires recalibration and periodicity for same. Vendor to clearly indicate the cost for re-calibration of the tools and testers in proposal.

Vendor should clearly indicate any supplied item which uses a battery. Vendor should be willing to supply the battery for the item and indicate the cost for same.

If the system is qualified (Environmental and EMI-EMC testing) at lower qualification levels than the levels specified in the SRD or not qualified for specific test or similarity approach is proposed for qualification, vendor to provide following details:-

Vendor to clearly indicate in the proposal the Qualification test for which the system has complied and provide report for same.

Vendor should provide breakup cost for each and every Qualification test listed in the System Requirement Document.

The System should meet the Environmental tests as per MIL-STD-810F(or above), EMI / EMC tests as per MIL-STD-461F (or above, power supply as per MIL-STD-704 D & MIL-HDBK-704-8, Compass safety requirements (if applicable) as per DO-160G (Section 15, Cat Z) and lightning test as per CS117 of MIL-STD-461G. If system is qualified as per DO-160G, Vendor shall provide compliance with tests as per military standards (i.e., MIL-STD-810F, MIL-STD-461F, MIL-STD-461, MIL-STD-704D and MIL-HDBK-704-8) required as per System Requirement Document and carry out the testing (if required) in case some specific test not carried or test carried out is not having compliance with respect to level or duration.

Obsolescence:

Vendor shall ensure that the unit will be supplied and supported with respect to repair, overhaul, and replacement, spares supply for a minimum period of 25 years from date of delivery.

In case of obsolescence of any LRU / component, vendor shall submit obsolescence management proposal 03 years in advance without hindering the HAL production schedule. No Hardware, software or firmware change in any LRU to be carried out without approval of Certification Authority.

In case of obsolescence of components, vendor should source alternate component and re-qualify the unit to comply with the specified performance requirements.

In case of obsolescence of any LRU, vendor shall provide alternate LRU which is form-fit & function and re-qualify the LRU to comply with the specified requirements.

Vendor shall provide support for ground / flight test and certification for the re-qualified unit.

Certification:

Vendor will be responsible for Qualification testing, Qualification reports, documents and meet the requirements for system as per SRD and provide necessary technical assistance to HAL in order to obtain system Integration certificate from certification agency.

Independent Verification & Validation to be carried out and report to be submitted for each software version of the system which is cleared for Evaluation/Certification Flights.

Bidder’s country which shares a land border with India:

Restrictions under Rule 144(xi) of the General Financial Rules (GFRs) issue by GoI, Ministry of Finance, Department of Expenditure (DOE). Bidders should refer to Appendix-C of these tender documents i.e., Clause regarding restrictions on procurement from a bidder of a country which shares a land border with India.

All the participating bidders have to mandatorily submit the both ANNEXURE-I A & I B relevant certificate (either Type-I or Type-II) as per format enclosed, at the time of submitting the technical bid along with their offer.

Guidelines for submission of bids: Vendor should submit proposal in 2 (Two) bid format, technical bid and Commercial bid separately (through HAL e-Procurement portal only). Accordingly, your proposal should cover the following:

Technical Bid: Following documents must be submitted as part of the technical bid:

Technical Proposal (also referred as Technical Bid) should include the following information.

Compliance Statements:

Compliance matrix confirming point-by-point compliance to all paras of this RFQ, compliance matrix against technical specifications at Part IA and compliance matrix against Commercial terms and conditions at Part II, should be enclosed with the technical proposal.

Insufficient or incomplete details may lead to rejection of the offer. In respect of technical specifications, indication of “compliance”, “non-compliance”, or “partial compliance needs to be substantiated with details sufficient enough to enable comprehensive understanding.

Development Plan with Schedule:

Integrity Pact (IP):

The envelope, which contains the signed IP, should be marked as “Integrity Pact” indicating tender reference and due date and should reach us at the following address on or before the tender due date and time: Deputy General Manager (IMM)-RC, Rotary Wing Research & Design Centre, Hindustan Aeronautics Ltd. Vimanapura Post, Bangalore-560017, Ph :+91 80 2232 7253 OR Alternatively, the sealed cover with tender reference and due date containing the signed Integrity pact should be dropped in the tender box (Rotary Wing Research and Design Centre) kept at Reception (VIP Gate of RWRDC& Production division) 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 hard copy of original signed IP. A copy of signed IP should also be scanned and attached with your technical bid, which has to be submitted online through e-Procurement portal.

Entering into integrity pact without deviation from the specified format is preliminary qualification without which the bid is liable to be rejected without evaluation. Bidders who submit IP with deviation might at HAL’s discretion be given an opportunity to submit original signed IP without deviation within stipulated time limit as decided by HAL.

In respect of IP and its monitoring, there would be Independent External Monitors (IEM) who will be appointed by the Central Vigilance Commission, a statutory body and not by HAL. The present IEMs are: Shri Sunil Kumar Bansal, IPS (Retd.) e-mail: [email protected] Shri Chaitanya Kumar Varma, CE&MES (Retd.) e-mail: [email protected] Shri Ashok Kumar Tripathy, IAS (Retd.) e-mail: [email protected]

The signed IP will form part of the contract/purchase order, in the event of placement of order.

All clarifications/query/status w.r.t tender & validity extension of tender should be forwarded to HAL only and not to the IEM except query related to IP.

Signed IP in original should not be forwarded to the IEM.

Non-disclosure Agreement: Non-disclosure Agreement duly signed by the authorized signatory from the vendor’s side strictly as per the format enclosed at PART-V of this RFQ should be submitted. If the vendor does not agree to any specific clause in the NDA, the same should be brought out in the Technical Bid for consideration of HAL. However, HAL reserves the right to accept or reject such proposed changes to the clauses of the NDA.

Support needed from HAL: Vendor needs to clearly define the information/ support needed from HAL for executing the proposed supply after signing of contract/ placement of PO. In case support is required from HAL, a Work Share Matrix clearly indicating the responsibilities of HAL and Vendor is to be attached. However, such support from HAL, other than as a facilitation of work, shall have no impact on the pricing of the bid nor shall it shift any of the vendor’s responsibilities to HAL.

Checklist: Vendor should attach duly filled check list as given in PART-VI of this RFQ.

Price formats without figures in Technical Bid: In the Technical evaluation, there is a need to confirm whether the Bidder has quoted price details as per requirement. For this purpose, Bidder should include in the Technical Bid the Price Format (Part-III of the RFQ) after filling it up as per the following instructions.

COMMERCIAL REQUIREMENTS:

Prices

All the prices payable by HAL for Cockpit Video Camera FOR UH-M should be given in the price format enclosed as PART-III of this RFQ. It should be complete in all respects. No subsequent addition/ alteration/ claim will be entertained over and above the quote.

Prices for the Development Phase should be FIRM AND FIXED till completion of development phase. The prices for Production Phase will be firm and fixed as per production delivery schedule indicated in Price Format/ Price Bid.

Compliance to Commercial Terms and Conditions

Vendor is expected to comply with all the terms and conditions as given in PART-II of this RFQ. For other Commercial Terms & Conditions, in case the Bidder proposes alternative formulation for any clause, the same should be indicated clearly in the Bid. However, such non-compliances or partial/modified compliances should be kept to a bare minimum. In case proposed alternatives taken together negates or seriously compromises the basic nature of commercial engagement envisaged through this RFQ, then HAL at its sole discretion will be entitled to reject the Bid.

HAL’s Rights & obligations

Issuance of this RFQ shall not impose any obligation on HAL to place any Order (or to sign any Contract) on any Bidder. HAL also reserves the right to cancel the RFQ process at any stage without assigning any reason.

HAL is under no obligation to meet or reimburse any cost incurred by or on behalf of Bidders in connection with responding to the RFQ or participating in any process related to this RFQ.

HAL is under no obligation to pay any interest on Security Deposit

Validity of Prices/ Bids: All quoted prices and bids shall remain valid for a minimum period of 240 days from the closing date of this RFQ.

Technical Evaluation:

Technical bid opening: Technical bids submitted against this RFQ would be opened on next working day after the due date. Interested bidders may witness the bid opening online by logging into HAL e-Procurement portal.

All the technical bids submitted by the vendors would be opened and examined for adherence/ compliance to the requirements as specified in this RFQ. In case of ambiguity or non-clarity in statements given by the vendors, HAL may seek information/ clarifications and/or seek demonstration, testimonials, means of compliance, etc., Only such offers that meet HAL requirements shall be short-listed for further commercial evaluation.

Vendors need to demonstrate the proposed system (stand alone configuration) in the LAB at HAL, during technical evaluation. Vendor to bring necessary hardware to demonstrate proposed system functionality in LAB at HAL.

HAL reserves the right to call for technical interactions to ascertain vendor’s competencies, availability of technical resources, past experience, credibility of claims made in the RFQ response, means/likelihood of compliance with technical specifications, etc. with any one or all vendors, on no cost no commitment basis, before opening of the commercial bids. If, based on demonstration or technical interactions as above, HAL Technical Evaluation Committee comes to a reasonable conclusion that the compliance to technical specifications or other claims made in the vendor’s bid are unlikely to be met in practice; the Bid shall be rejected as technically non-compliant.

Commercial Bids of bidders who do not qualify during Technical Evaluation will remain unopened and inaccessible to HAL or anyone else.

Commercial Evaluation

Commercial Bid Opening: Commercial bids of vendors whose technical bids have been found to be meeting HAL’s requirement would be opened online. The date and time of opening would be informed to all technically qualified vendors, who may witness the tender opening online by logging into HAL e-Procurement portal.

Bid with lowest price arrived at based on the commercial evaluation criteria mentioned below, conforming to the specifications, will be considered for placement of order:

The tender will be evaluated on package-wise considering the total value quoted for Development Phase as well as for Production Phase.

As stated earlier, Prices for the Development Phase should be FIRM AND FIXED till completion of development phase. The prices for Production Phase will be firm and fixed as per production delivery schedule indicated in Price Format/ Price Bid.

For determination of comparative prices for commercial evaluation, the following steps would be applied:

For comparative price determination as described above, the discounting rate (%) will be derived from State Bank of India (SBI) Marginal Cost of funds-based Lending Rate (MCLR) at the beginning of the bid opening month.

The following loading factors will be considered for commercial evaluation:

Max. Loading Factor

Actuals

Actuals

Actuals

Quoted Price

Extent of LC payment in Quoted price

Extent of Advance payment in Quoted price

LC Charges as applicable

Marginal Cost of Funds-based Lending Rate (MCLR) per annum

Conditional discounts if offered in the Bid will not be considered in evaluation of tender.

Applicability of the Taxes (GST, etc) should be explicitly indicated in the Bid both in percentage terms and in absolute terms. In the absence of this specific input, the offered price would be considered as all-inclusive and no further claims related to taxes payable would be entertained later.

The prices quoted will be evaluated on FOR HAL, Bangalore, basis.

Exchange Rate Variation

Vendor should invariably specify the Import Content included in the quoted prices (all line items where import content is present) in terms of Foreign exchange as well as equivalent Indian Rupees In the absence of this input, it shall be construed that vendor shall not be claiming exchange rate variation (ERV) from HAL in the future in regard to the Order/Contract that might result from this RFQ. For Commercial evaluation, HAL will convert the foreign currency portion to Indian Rupees using exchange rates prevailing at due date of tender as per HAL’s policy.

ERV will be applicable only after coming into force of the Order/Contract resulting from this RFQ and only on those line items where quantum of Import content was indicated in the Bid.

After coming into force of the Order/Contract, for the purpose of making payment/deduction, the reference exchange rate adopted will be TT Selling Rate (of SBI Parliament Street Branch, New Delhi) prevailing as on the date of Bill of Entry. Accordingly, the ERV will be computed with respect to the Base Rates prevailing at due date of tender as per HAL’s policy.

Vendor to provide all required supporting documentary evidence w.r.t. import content linked to HAL’s order and Bill of Materials to claim custom duty exemption (if applicable) and exchange rate variations.

For purpose of making ERV payment/deduction, actual value of import (to be supported by BOE, etc) or declared value of import in bidders quote whichever is lower will be considered for calculation of ERV based on TT selling rate on the date of BOE.

In line with the above, Exchange Rate Variation adverse to the vendor shall be paid by the HAL as addition to Invoice and Exchange Rate Variation favorable to the vendor shall be passed on to HAL as deduction from Invoice.

Important Information

Description

IMPORTANT TERMS AND CONDITIONS

SUBMISSION OF TENDER IN TWO BID SYSTEM: Bidders are requested to submit their proposals in two bid. Bidders to ensure that the price details are not mentioned in the technical bid, failing which such offers will not be considered for evaluation.

The tender is issued through HAL E-procurement portal (eproc.hal-india.co.in) and vendor has to submit their offer through E-portal mode only.

Bidders are requested to submit their proposals (Technical cum non price bid and Price bid separately) online at HAL’s e-procurement portal (eproc.hal-india.co.in or link to e-Procurement through www.hal-india.co.in). 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.

Vendors should quote for all the line items mentioned in the Tech Specification as called for in the price bid. 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. Acceptance or otherwise of such incomplete offer, will be at the discretion of HAL based on the merits of the case.

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. 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 after submission of quotation.

Bid submitted by bidder’s authorized dealer/ distributor/ channel partner should accompany with ink signed or scanned copy of ink signed authorization letter of the bidder to whom tender has been originally issued. In the absence of authorization letter, the bids submitted shall be considered as unsolicited.

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 In case bidders have any problem during download of Tender Documents and Upload of their Bids, they may directly approach HAL Help Desk 24/7 through following. Email: [email protected] Ph: 080-22323697 / 98 You may also put a copy to us on email: [email protected] for follow up at our end.

Late Tender:

Integrity Pact: (i) Integrity Pact (IP) as per HAL format enclosed shall be duly ink signed by the bidder along with the witnesses. Failure to sign Integrity Pact as per HAL’s standard format may lead to rejection of offer. In case of submission of offer through e-portal, scanned copy of the signed Integrity Pact also need to be submitted along with your offer and in parallel, the hard copy of original ink singed IP should reach HAL by post. The submission of Integrity Pact without deviation is a mandatory requirement (ii) It is requested to forward the original ink signed Integrity Pact in duplicate (as per HAL format enclosed with RFQ) duly authorized on each page to the following Contact Person and Address" DGM(IMM) RWRDC, Hindustan Aeronautics Limited, Marathahalli Post, Bangalore - 560037 Ph: 080 - 2232 7353

Restrictions on procurment from bidders from a country which shares a land border with India:

Bidder’s country which shares a land border with India: Any bidder from a country, which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority (i.e. the registration committee constituted by the Department for Promotion of Industry and Internal Trader (DPIIT). However, the bidders from those countries (even if sharing a land border with India) to which the Government of India has extended lines of credit or in which the Government of India is engaged in development projects are not required to register with Competent Authority and will be eligible to bid in this tender.

All the participating bidders have to mandatorily submit the relevant certificate as per format attached as ANNEXURE-I A and ANNEXURE-I B (either Type-I or Type-II), at the time of submiting the Technical bid along with their offer.

Bidder from a country, which shares a land border with India, for the purpose of this Order means:- i) An entity incorporated, established or registered in such a country; or ii) A subsidiary of an entity incorporated, established or registered in such a country; or iii) An entity substantially controlled through entities incorporated, established or registered in such a country; or iv) An entity whose beneficial owner is situated in such a country; or v) An Indian (or other) agent of such an entity; or vi) A natural person who is a citizen of such a country; or vii) A consortium or joint venture where any member of the consortium or joint venture falls under any of the above.

Unless otherwise stipulated in the Contract, country of origin of ‘Services’ and related ‘Goods’ under the contract shall have their origin in India or other countries and must conform to the declaration, made by the Supplier in its bid regarding but not limited to any restrictions on certain countries with land-borders with India

The successful bidder shall not be allowed to sub-contract works to any contractor from a country, which shares a land border with India unless such contractor is registered with the Competent Authority.

Purchase Preference Policy :

Please refer Appendix-A for policy details. Provide your compliance to this policy by indicating Complied against this coloumn. In line with Public Procurement (Preference to Make in India), Order 2017 & its amendments issued by Govt. of India & with a view to support the Indian industries, HAL has implemented “Purchase Preference Policy”. The “Purchase Preference” is applicable for the “Class-I Local Supplier” for the goods/services/works covered in this tender subject to the Terms & condition of Purchase preference clause as attached at Appendix-A Type-II. Note: (a) The subject item falls under INDIVISIBLE category. (b) The offers sought from all suppliers i.e. Class-I, Class-II Local supplier only. (d) The margin of Purchase Preference shall be up to 20% only for Class-I Local Supplier. The bidders are requested to go through the same & submit the bids accordingly and provide the compliance for the same.

Self Certification and Auditor Certificate:

Purchase preference to Micro and Small Enterprise (MSEs): Purchase preference will be given to MSEs as defined in public procurement policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. Relevant documentary evidence in this regards shall be submitted along with the technical bid in respect of the offered product. If L-1 is not an MSE and MSE Seller(s) has/ have quoted price within L-1+15% of margin of purchase preference /price band , such seller shall be given opportunity to match L-1 Price and contract will be awarded to such MSE supplier subject to matching the L1 price (inclusive of duties, taxes and freight & insurance).

Relaxation of Prior Experience & Prior Turn-over Criteria for Micro & Small Enterprises (MSEs) & Start-ups:

Wherever RFQ stipulates qualification/eligibility criteria to be met by bidders such as prior experience and/or prior turn-over, the criterion will be relaxed w.r.t. to all start-ups and MSEs subject to meeting of quality and technical specifications stipulated in the tender except the goods required for public safety, health, critical security operations and equipment etc., . Also vendor shall furnish documentary proof for being MSEs/Start-up as stipulated by the Ministry.

Delivery and Passing of Property & Risk:-

Delivery Period :Supplier should stipulate in terms of months from ‘T0’ and the delivery schedule should be adhere to. Supplier should also indicate in the form of a bar chart indicating the details of activities for the elements identified in the cost format and date of completion should also be attached with the quotation.

Bidders to indicate the Delivery Lead time for Development Phase from T0:

Bidders to indicate the Delivery Lead time for Production Phase from T0:

Validity of quote:- Quote should be valid for 240 days from the closing date of the present RFQ.

Price :

Vendor should fill in the Price Format downloaded from e-procurement portal. Prices should not be indicated in any other places. It should be complete in all respects. 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 further evaluation.

Price quoted should be on F.O.R. Destination basis, for delivery at HAL Stores inclusive of all charges including transit insurance.

Indian Bidder should quote in Indian Rupees only and payment will be made in Indian Rupees. Offers from Indian Bidders quoting in Foreign currency will not be considered for evaluation.

Bidders 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.

The contract prices will be firm and fixed for Development Phase as per contract terms till execution of contract and exclude subsequent claims or price increases of any kind.

IMPORT CONTENT:Vendors should note the following, if exchange rate variation is claimed on the quoted prices: In case the item / product offered by Indian vendor has import content, then the value of import content shall be indicated in the quotation (in FE / INR as the case may be).

Date of Reckoning of Exchange Rate Variation:

Payment Terms:- For supply of items: 100% payment will be made within 30 days after delivery and acceptance of items at our Stores. For NRE & Testing charges etc : 100% payment within 30 days by way of NEFT / RTGS transfer after successful completion and certification duly signed by HAL & vendor for the respective services / NRCs. All payments will be done by way of NEFT / RTGS/ SWIFT Electronic Payment remittance mode. For the purpose of making payments, vendor to provide the following; a) Original Ink signed Commercial Invoice, b) Airworthiness certificate/ Certificate of Conformance / Release Note etc., as applicable c) Acceptance test report (ATR) for system or its components, spares as applicable. d) Any other documents specifically mentioned in the Purchase Order.

For MSMEs & StartUps: For successful MSME / startup vendor, 15% (of the basic price) interest free Advance may be payable against submission of Bank Guarantee of equivalent amount and balance 85% shall be paid within 30 days of receipt and acceptance at our stores. In case advance is not sought, 100% payment will be made within 30 days of receipt and acceptance at HAL stores. In cases of MSEs, vendor to indicate whether they are owned by SC / ST Entrepreneur / Women Entrepreneur HAL is registered on TReDS platform (Trade Receivable Discounting Systems), as being promoted by GOI directives. It is suggested that all the MSME Vendors to take note of the same and consider for registration on any TReDS platform and avail the platform services which is being made available as per Government initiative.

Taxes / Duties: Applicable for Supply of Goods & Services: Indian vendor has to indicate the applicable GST along with relevant HSN code in the price bid. In case, the price bid does not contain the GST elements it would be treated that the indicated price is inclusive of all applicable GST elements.

Goods and Services Tax (GST):

GST Registration Status:

GST Registration Number (15-digit GSTIN):

Composition scheme:

Exemption from Registration:

HSN Code and GST Rate:

TDS for GST: Applicable TDS as per the prevailing guidelines of Government of India will be deducted while making payment.

Tender Evaluation:

The tender will be evaluated on package basis considering Development Phase and Prodcution Phase prices as indicated in Main RFQ.

Bid with lowest price conforming to the specification will be considered for placement of order.

If 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.

Conditional discounts will not be considered in evaluation of tender.

In respect of two bid system, technical bid will be opened on the tender opening date. After technical evaluation, the Commercial bids of those bidders who are technically acceptable will be opened.

Applicability of the Taxes (IGST/CGST etc.) should be explicitly indicated by the bidder in his response either in percentage or in absolute terms. In the absence of this input the offer would be considered all inclusive.

TECHNICAL EVALUATION:

COMMERCIAL EVALUATION: The commercial evaluation shall be carried out based on the total price as indicated at price format. For comparison purpose the prices quoted by the vendors would be loaded with applicable Indian taxes and duties, etc. as applicable at the time of technical bid opening to arrive the total landed cost to HAL. For comparison purpose the quotes indicated therein might be adjusted for non-compliances or partial compliances of commercial terms and conditions as mentioned at appropriate places in this RFQ.

Security Deposit: The Successful vendor shall have to deposit 5% of the value of the order as Security Deposit (to be calculated only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) within 15 days of receipt of the purchase order, by demand draft or bank guarantee in a prescribed format of HAL from a schedule bank in India, valid up to 60 days after the completion of contract period/last supply. This Security Deposit will bear no interest and will be returned only after the contract is completed to the entire satisfaction of HAL. In case, quotes received without indicating the break-up details of GST, ED etc. and order placed subsequently on composite value (without indicating break-up details of taxes & duties) then the Security Deposit to be sought on the composite value (including taxes & duties). a) In case the contract is not executed to the entire satisfaction of HAL the security deposit shall be forfeited, besides initiation of risk purchase action. b) No claim will be entertained against HAL either in respect of interest, if any due on the security deposit or depreciation in value. c) 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

Performance Bank Guarantee: Vendor shall furnish a Performance Bank Guarantee (PBG) as per HAL’s format for 10% of the order value (to be calculated only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) valid up to end of the warranty period from a scheduled bank in India from the date of acceptance/commissioning or otherwise equivalent amount shall be retained till completion of warranty period and other obligation of Purchase Order/ contract. In case, quotes received without indicating the break-up details of GST, ED, VAT, Sales Tax etc. and order placed subsequently on composite value (without indicating break-up details of taxes & duties) then the PBG to be provided on the composite value (including taxes & duties). Performance Security can also be furnished in the form of Demand Draft or Retention of equivalent amount. In case vendor does not agree for Performance Bank Guarantee/ retention of equivalent amount, the offer will be summarily rejected

Product Support/ Obsolescence: Considering that the requirement is spread over years, it is requested to ensure that there should not be any obsolescence issue not only in terms of items but in terms of technology also in the next 30 years. In case of obsolescence, bidder should intimate HAL at least 3 years in advance about obsolescence and should also absorb the cost for overcoming the obsolescence and provide continuous support for the next 25 years. HAL may be requiring various spares for the offered system/item in future. Exact requirement for the spare requirement will be intimated separately. Bidder to confirm that the cumulative price of all spares of item/system should not increase the unit cost of the item/system.

Warranties:- Vendor warrants as follows: i) All items delivered are free from defects in materials and workmanship. ii) All items delivered are in conformance to the specification and are fit for the intended purpose. iii) It shall be ensured that HAL shall have clear and undisputed title to the goods supplied under the contract.

Warranty Period: Thirty Six (36) months from the date of receipt at HAL. The contractor shall be responsible for any defects that may develop due to faulty materials, design or workmanship and shall remedy such defects 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 goods the contractor shall make such replacement or renewal without any extra cost to HAL.During warranty minimum uptime of 95% shall be ensured failing which warranty period shall deem to be proportionately extended. During warranty period item shall be replaced/repaired free of cost including any to & fro freight/insurance involved. Supplier shall attend to warranty calls within 48 hours notice.

Post-Warranty Service: Arrangements for after sales service and maintenance (authorized service centre) in India on site during warranty & post warranty period should be clearly indicated providing with name, address, phone, Mob no, email Id of the contact person, infrastructure along with spare parts inventory held by your Authorized Technical Service Center. The Vendor to indicate the validity period of authorization for the technical service center

Packing:- Each item / deliverable will have to be packed in such a manner as to avoid damage during transit, handling, etc., and damage /deterioration due to climatic conditions. Batch number and date of manufacture & identification details and handling instructions should be printed / written on labels of the deliverables.

Receipt & Despatch: The Vendor is responsible for obtaining a clear receipt from the Transport Authorities specifying the goods dispatched. He will not book any consignment on a said to contain’ basis. If he does so, he does it on his own responsibility. HAL will take no responsibility for short deliveries or wrong supply of goods when the same are booked on said to contain’ basis. HAL shall pay for only such stores as are actually received by them in accordance with the contract

Quantity: a) The quotation must be in the unit in which the quantity is indicated in the enquiry. If it is otherwise, conversion data must be furnished. b) HAL 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.

Quality & Workmanship: a) Generally 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 non-examination 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. b) 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.

Requirements of ISO 14001:2015; Environmental Management System (EMS): I. Information about potential significant environmental impacts associated with transportation, delivery, use, end-of-life treatment and final disposal of its products and services may be provided II. It is desired that Environmental Friendly Materials, Systems and Processes are used with the lifecycle perspective to have minimal impact on the Environment while delivering the product/service

Requirements of ISO 45001:2018 Standard: The vendor/Supplier/ contractor shall ensure requirements with respect to ISO 45001:2018 standard guidelines clause A 8.1.4. This includes equipment’s, installations and materials are safe for use by workers as intended by ensuring: -equipment is delivered according to specification and tested to ensure it works as intended -installations are commissioned to ensure they function as designed -materials are delivered according to their specifications -any usage requirements, precautions or other protective measures are communicated and made available (E.g. Safety instructions, Hazard communication Symbols, SDS, Etc.)

INSPECTION-QUALITY ASSURANCE – ACCEPTANCE:

All Technical Documents related to Certification, although not expressly covered in the Tender, but become necessary for certification will have to be provided by the vendor free of cost. Details of the documents to be provided will be discussed mutually. All documents shall be in English language.

airworthiness certificate and other related certificates issued by government certification agencies or other authorized agencies need to be supplied along with all deliverables made under the contract.

HAL will carry out inspection in its premises as per the supporting documents provided by the Vendor. Deviations/Defects noticed on inspection will be intimated to the Vendor for free replacement/rectification action as necessary. Acceptance of the deliverables will be issued by HAL only after all such deviations and defects are eliminated by the vendor. If any stores are rejected, vendor to re-submit stores in replacement of those rejected within a time specified by HAL, the vendor bearing the cost of freight in such replacement without being entitled to any extra payment:

Stores/ Goods supplied shall be of the best quality and workmanship. Vendor 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 non-examination or insufficient examination of the ‘particulars’ will in any circumstances be considered. The vendor shall supply the stores in accordance with the ‘particulars’ unless any deviation is authorised as an exception expressly specifi ed in the contract. The Stores/ Goods supplied shall conform to the standards mentioned in the Technical Specifi cations, 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.

Vendors need to : - follow a quality management system; - use HAL designated or approved external providers, including process sources (e.g., special processes); − notify HAL of nonconforming processes, products, or services and obtain approval for their disposition; − prevent the use of counterfeit parts: The Vendor shall plan, implement, and control processes, appropriate to the organization and the product, for the prevention of counterfeit or suspect counterfeit part use and their inclusion in product(s) delivered to HAL. − notify HAL of changes to processes, products, or services, including changes of their external providers or location of manufacture, and obtain the HAL’s approval; − flow down to external providers applicable requirements including HAL requirements; − provide test specimens for design approval, inspection/ verification, investigation, or auditing; − retain documented information, including retention periods and disposition requirements; - to ensure that their persons are aware of: their contribution to product or service conformity their contribution to product safety the importance of ethical behaviour

HAL or its customers and regulatory authorities shall have the right to access to the applicable areas of all facilities of vendor, at any level of the supply chain, involved in the order / contract and to all applicable records.

Inspection, Consequences of Rejection: The goods on receipt in HAL will be subject to inspection and tests, if necessary and HAL inspector’s decision as regards acceptance/rejection of goods shall be final and binding between the parties. (In case of Plant & Machinery, goods shall be finally inspected & accepted only after successful commissioning) If any stores are rejected, then HAL shall be at liberty to: a) Either: i) Allow the contractor to re-submit stores in replacement of those rejected within a time specified by HAL, the contractor bearing the cost of freight in such replacement without being entitled to any extra payment, (or) ii) Buy the quantity of stores rejected or other of a similar nature elsewhere at the risk and cost of the contractor without effecting the contractor's liability as regards the supply of any further consignments due under the contract, (or) (iii) Terminate the contract and recover from the contractor the loss HAL may thereby incur. The contractor shall not be entitled to any gain on the repurchase,

Supply of Alternative Item:

Modification:- Modifications, updates, etc. done to the hardware, software or documentation related to the deliverables under the contract at any point of time during or after the validity of the contract shall be promptly intimated to HAL for ensuring that such changes are incorportaed in the products delivered under this contract as well.

Language: All correspondence between the Parties, as well as all documentation, manuals, software listings and other writings, in connection with this Contract shall be in the English Language.

Shelf life:- Where stores offered have a limited shelf-life, kindly indicate the life involved and confirm that in the event of an order from us, only newly manufactured stores with the maximum possible shelf-life at the time of dispatch will be offered for shipment. In respect of rubber items such as seals etc., having cure date, the item should not have been manufactured earlier than 6 months of dispatch.

Repeat Order Requirement: In the event of placement of purchase order, HAL reserves the right to place repeat Order up to 100% of the value of the original order (statutory levies shall be paid as applicable) within 12 months from the date of completion of the original order. The prices, terms and conditions of the repeat order shall be the same as that of the original. However, placement of repeat order is not guaranteed and this will be at the sole discretion of HAL. “Repeat Order can be placed by any Division/Office of HAL including the Division/Office which has originally placed the purchase order.

Liquidated Damages:- In the event that any supply under the PO/contract is delivered later than agreed schedules in the PO/contract, liquidated damages will be payable / deducted from Invoice equal to 0.5% for every week of delay or part thereof on the delayed portion of the order subject to a maximum of 10% of the value of the delayed item. In case of bidders not agreeing for LD clause or willing to accept a maximum percentage which is less than 10%, then, 10% of the quoted price or the difference in value between 10% of the price and the maximum agreed by the vendor will be added to the actual quote submitted by the vendor for comparision with other bidders in order to determine the lowest bidder.

Others

Please indicate approximate net weight of each of the item and gross weight and dimension of the package to enable HAL to determine the mode of dispatch.

Please indicate in your tender, whether stores newly manufactured are offered. Where newly manufactured stores are offered and on inspection it is found that reconditioned stores or parts have been used, such stores will be rejected at the contractor’s risk and expense.

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 of 5 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).

The supplier should ensure that manufacturer batch no. is indicated on all the materials supplied.

Vendor shall provide the information about potential significant Environmental impacts associated with transportation, delivery, use, end-of-life treatment and final disposal of the products and services.

It is desired that Environmental Friendly Materials, Systems and Processes are used with the life cycle perspective to have minimal impact on the Environment while delivering the product / service.

HAL reserves the right to cancel the tender without assigning any reasons thereof. The decision of HAL is final in this regard.

Any order, resulting from the enquiry, shall be governed by the General Terms and Conditions of Contract of HAL and any party quoting against this enquiry shall be deemed to have read and understood these terms and conditions and to have quoted subject to these terms and conditions (Enclosed).

When counter terms and conditions have been offered by a tenderer, HAL shall not be deemed to be governed by such terms and conditions unless specific written acceptance thereof has been given by HAL.

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.

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

Canvassing by tender form, including unsolicited letter on tender submitted or post tender corrections shall render their tenderers liable for rejection.

Deliveries, Consequences of Breach:

EXIT CLAUSE Exit criteria: The contract/order may be terminated under the following circumstances: i. In the event of unsatisfactory performance by the Seller during the contract period, or any of the information provided by the Seller is found to be untrue, or Seller is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with three month’s advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a Seller has engaged in unethical practices, they shall be barred from participating in the future contracts with HAL for a period of three years. ii. If there is change in Buyer requirement, contract shall be terminated with three months' advance notice. The liability of Buyer in this case will be agreed mutually. In the event of termination of contract by either party, the Seller shall ensure the following: a) IPR’s are transferred to Buyer to enable Buyer to proceed on the work with other Seller. Seller also will render all assistance till the other Seller fully takes over the balance work. b) Transfer title and deliver all or any part thereof of the supplies, materials, work-inprogress, finished Products, Tooling, drawings and data produced or acquired by Seller specifically for the Product being terminated. c) Supply of products and its components / spares at least for a period of two years from the date of such termination. iii. The Seller is declared bankrupt or becomes insolvent. iv. The delivery of material is delayed due to causes of Force Majeure by more than six months). v. Based on the decision of the Arbitration Tribunal.

Termination for Default of Seller or for other reasons: HAL shall have the right to short close present Contract in part or in full by giving 1 month prior notice to the Supplier, in any of the following cases:- a) The work is delayed or cancelled for causes attributable to force majeure. b) The requirement is withdrawn by HAL’s Customer. c) The Supplier is declared bankrupt or becomes insolvent. d) It is noticed that the firm has utilized the services of any agent to get the resulting Order and paid any commission to such agent. e) As per decision of the Arbitration Tribunal f) In case any part of the Order is subcontracted by the Supplier without prior permission of HAL. g) If the performance of the Supplier is not found satisfactory during the execution of work. In any of the above stated case, no claim of damage etc., by the Supplier will be allowed.

INSOLVENCY: Supplier enters into liquidation, whether compulsory or voluntary (other than amalgamation or reconstruction with another party taking over all its rights as well as commitments) or becomes insolvent or suffers a receiver of the whole or part of its asset to be appointed, i) Shall forthwith notify the same to HAL and the HAL shall have the right without prejudice to his other rights or remedies to terminate the unexecuted part of this Contract. ii) In such an event, HAL shall become entitled forthwith to get the refund within 30 days of all the advance payments received by Supplier and expenditure incurred by as a part of its obligations under this contract it has not fulfilled. In such an event if applicable, Supplier is liable for return of any materials/items (including drawings, designs etc) to HAL, which are held at his end as a part of the obligations under this contract

Indemnity against Patent rights:- The successful bidder/Supplier shall defend, indemnify and hold HAL harmless from and against all actions, causes of action, liabilities, claims, suits, judgment, liens, awards, damages of any kind and nature whatsoever and expenses and costs of litigation to the extent such claims arise out of infringement of any IPR, patent, copyright, trademark or involve wrongful use of trade secret or confidential information or negligence attributable to the Supplier.

Appropriation: Whenever under this contract any sum of money is recoverable from any payable by the contractor, 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 the contractor in this or any other contract entered by HAL as a whole its Divisions and Branch Offices etc., held by him alone or in partnership with others. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to HAL on demand the remaining balance due.

RISK PURCHASE: The Supplier will supply quality items as per approved sample and also the quantity intended by the concerned Division in full as per terms and conditions of respective orders. In case the Supplier fails to execute the order either in terms of quality or in quantity, HAL reserves the right to procure from elsewhere at the risk and cost of the Supplier and any extra expenditure incurred due to this purchase is payable by the Supplier.

Right of Sale and Utilization-Export License/Reexport Permission:

As the requirement is for Military/Civil application a specific confirmation from Bidders/Sellers on availability of export license from their respective Government should be provided and a copy of such relevant permission / license issued may be enclosed.

Bidders /Suppliers shall be required to obtain and maintain all Export/Import licences and permits etc., as the case may be, required for performing supplies against this tender. Obtaining export licence and timely availability shall be entire/sole responsibility of the Bidders/Suppliers, which forms a part of obligations of the contract. However any unforeseen delay should be promptly informed to HAL with proper justification. If End user certificate is required from HAL, the format of the same may be enclosed with this offer.

Bidders/Suppliers may indicate status of export permit based on the present rules/ regulations of their respective country and normal time frame for obtaining such export permission if an order is placed in near future and the said time frame should be covered within the delivery schedule indicated.

Bidders/Suppliers should also confirm that necessary clearances are available from their Governmental authorities regarding the sharing of technical data required for integration purposes with other vendors of Aircraft /Helicopter on a need to know basis.

Clearance in unequivocal terms also needs to be accorded regarding export of the equipment fitted as a part of the military and civil variant Aircraft /Helicopters, spare LRUs, modules & components and service support when such activities are undertaken by HAL India to other countries. Reservations if any may be specifically indicated as a part of the technical Bid.

Thus Bidders/Suppliers to confirm that there are no restrictions for exporting HAL Aircraft/helicopters to any country, fitted with the LRU/Systems/items offered/supplied by them.

Buyer will have exclusive worldwide sale and support right for all supplies under contract if specifically developed and funded by HAL. Any enquiry received on such equipment shall be directed to Buyer and Bidder/Seller will not directly sell / support / service without prior concurrence of Buyer. For all development orders all the Intellectual Proprietary Rights (IPR) will rest with Buyer.

The prices to be quoted by Bidders/Sellers for exports should be competitive in international market scenario.

In case of grant of Rights for Transfer of Technology (ToT) to Buyer for manufacture and/ or Repair and Overhaul (RoH), then Buyer will have exclusive rights for worldwide sale of the Aircraft / Helicopter incorporating the items/LRU Systems manufactured/ Repaired & Overhauled under ToT.

Confidentiality:- For the purpose of this Tender / Contract / Agreement, the Bidder / Contractor / Supplier shall not store, copy or disclose HAL’s data and information whether in written, machine readable or other tangible form or disclosed orally, that is of value to HAL. Also, Bidder / Contractor / Supplier agrees to use HAL’s data only for the purpose under this Contract, restrict disclosure to any person or entity or third party and shall safeguard the provided data including from cyber security risks etc. Bidder / Contractor / Supplier should promptly return within 90 days HAL’s data in original media and should not keep HAL’s data, upon expiry of Tender / Contract / Agreement or early termination of Contract / Agreement and certify that HAL’s data has been deleted permanently. Non-adherence to this confidentiality clause by the Bidder / Contractor / Supplier shall be treated, as a material breach of this Tender / Contract / Agreement. The provisions of this clause shall survive and remain in force notwithstanding the termination or expiry of this Contract / Agreement.

IPR CLAUSE:

Seller agrees that HAL shall be the sole owner of all intellectual property (IP) generated in the performance of this Contract by or on behalf of Seller with the aid of either funding and/ or technical inputs from HAL (hereinafter referred to as ‘Foreground IP’). If applicable and to the extent that seller sub-contracts performance of any part of the contract, the seller shall ensure that any Foreground IP arising from such work of its sub-contractor/s shall be assigned to HAL absolutely. Seller hereby assigns and agrees to assign all rights and interest in the Foreground IP to HAL. Seller shall share with HAL, all documentation necessary for HAL to exercise its rights to Foreground IP. If required by HAL, Seller shall assist HAL in registering the Foreground IP in favour of HAL.

Seller grants to HAL an irrevocable, non-exclusive, world-wide, royalty-free license to sell, offer for sale, use, execute, release, disclose, and distribute the developed supplies/ services/ products, which may contain Background IP. Background IP shall mean and include all pre-existing inventions and IP necessary for HAL to exercise its rights to Foreground IP.

Seller shall indemnify and protect at its own cost, HAL in respect of cost/ claims/ liabilities (including attorney’s fees and associated costs of legal proceedings) arising from any violation of Intellectual Property Rights of any third party with respect to supplies/ services provided by seller. If HAL or HAL’s customer/s are unable to put to use the supplies/services or a portion thereof as a result of violation of the Intellectual Property of any third party, Seller shall within reasonable time at seller’s own cost either, i. Procure for HAL and HAL’s customer/s the right to continue using the supply /service or, ii. Replace or modify the supplies/ services so that it becomes non-infringing or, iii. Compensate HAL the amount equivalent to the cost of supplies procured /to be procured, development cost already paid to seller and damages suffered by HAL arising due to inability to put to use the supplies/ services or a portion thereof.

In case the supplier receives a requirement/ request for supply or repair of deliverables of this contract directly from any third party including HAL’s customers, such request shall be forwarded to HAL. Intellectual property for the purpose of this clause includes inventions, discoveries and improvements; know-how, works of authorship, technical data, drawings, specification, process information, reports and documented information; and computer software (including without limitation, source code, object code, source code listings and object code listings that would enable the software to be reproduced or recreated), topology of integrated circuits, databases or any other such results of intellectual activity.

Conflict of Interest: Any bidder having a conflict of interest, which substantially affects fair competition, shall not be eligible to bid in this tender. Bids found to have a conflict of interest shall be rejected as nonresponsive. A bidder in this Tender Process shall be considered to have a conflict of interest if the bidder: a) directly or indirectly controls, is controlled by or is under common control with another Bidder; or b) receives or have received any direct or indirect subsidy/ financial stake from another bidder; or c) has the same legal representative as another bidder for purposes of this bid. A Principal can authorize only one representative, and the representative also should not represent or quote on behalf of more than one Principal. However, this shall not debar more than one Authorised distributor from quoting equipment manufactured by an Original Equipment Manufacturer (OEM), in procurements under Proprietary Article Certificate; or d) has a relationship with another bidder, directly or through common third parties, that puts it in a position to have access to information about or influence the bid of another Bidder or influence the decisions of the Procuring Entity regarding this Tender process; or participates in more than one bid in this tender process; or

Participation in any capacity by a Bidder (including the participation of a Bidder as sub-contractor in another bid or vice-versa) in more than one bid shall result in the disqualification of all bids in which he is a party. However, this does not limit the participation of a non-bidder firm as a sub-contractor in more than one bid; or f) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services that it provided (or were provided by any affiliate that directly or indirectly controls,is controlled by, or is under common control with that firm), for the procurement planning (inter-alia preparation of feasibility/ cost estimates/ Detailed Project Report (DPR), design/ technical specifications, Terms of Reference (ToR)/ Activity Schedule/ schedule of requirements or the Tender Document etc.) of this Tender process; or g) has a close business or family relationship with a staff of the Procuring Organization who: i) are directly or indirectly involved in the preparation of the Tender document or specifications of the Tender Process, and/or the evaluation of bids; or ii) would be involved in the implementation or supervision of resulting Contract.

PENALTY FOR USE OF UNDUE INFLUENCE :- Vendor undertakes that he has not given, offered or promised to give, directly or indirectly any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of HAL or otherwise in procuring the Contract or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the Contract or any other Contract with the Government for showing or forbearing to show favor or disfavor to any person in relation to the Contract with the Government. Any breach of the aforesaid undertaking by Vendor or any of its employees or anyone acting on its behalf (whether with or without the knowledge of Vendor) or the commission of any offence by Vendor or anyone employed by him or acting on its behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the prevention of Corruption Act, 1947 or any other Act enacted for the prevention of Corruption shall entitle HAL to cancel the Contract and all or any other contracts with the vendor and recover from the vendor the amount of any loss arising from such cancellation. A decision of HAL or its nominee to the effect that a breach of the undertaking has been committed shall be final and binding on Vendor. Giving or offering of any gift, bribe or inducement or any attempt to any such act on behalf of Vendor towards any officer/employee of HAL or to any other person in a position to influence the decision of HAL, directly or indirectly or any attempt to influence any officer/employee of HAL for showing any favor in relation to this or any other contract, shall render the Vendor to such liability/penalty as HAL may deem proper, including but not limited to termination of the Contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by HAL

Bribes and Gifts: Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Vendor 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 Vendor may incur, subject to the Vendor to the cancellation of this and all other contracts with HAL and also to payment of any loss or damage resulting from any such cancellation 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.

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 of 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, cause of action or thing whatsoever arising out of or under this agreement.

Agent / 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.

Fall Clause: i) The prices charged for the stores supplied under the contract by the Vendor shall in no event exceed the lowest price at which the Vendor sells the stores or offers to sell stores of essentially identical description or specification to any persons/organizations including the purchaser of any Department of the Government of India or any Department of the Indian State Governments or any Public undertaking of the Central or State Governments, as the case may be during the period till the performance of the supply order against the order/contract is completed. ii) If at any time during the said period, the Contractor reduces the sales prices, sells or offers to sell such stores to any person/organization as mentioned above at a price lower than the price chargeable under the present order/contract, the contractor shall notify HAL of such reduction/sale or offer of sale and the price payable under the present 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.

Settlement of Disputes and Arbitration:-

All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this Contract or the breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration or International Centre for Alternative Dispute Resolution (ICA/ICADR) and the award made in pursuance thereof shall be binding on the parties. The provisions of the Arbitration and conciliation Act 1996 or any statutory modifications thereof shall apply to such legislation.

Applicable only for MSEs: The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides parties to a dispute (where one of the parties is a Micro or Small Enterprise) to be referred to Micro and Small Enterprises Facilitation Council if the dispute is regarding any amount due under Section 17 of the MSMED Act, 2006. If a Micro or Small Enterprise, being a party to dispute, refers to the provisions in MSMED Act 2006, these provisions shall prevail over the Indian Arbitration and Conciliation Act, 1996 and its statutory modifications thereof.

Supply and Payment during Arbitration: Supply under the contract shall if reasonably possible continue by mutual agreement during the Arbitration proceedings and no payment due to or payable by HAL, will be withheld without reasonable cause and merely on account of the pendency of such proceedings.

SHORT CLOSURE OF CONTRACT:- HAL reserves the right to short close this contract with three month prior notice to the vendor at any time during the tenure of the contract. The financial settlement entailed by such action shall be finalized based on the principle of equitable price adjustment and shall be based on discussions and mutual agreement.

Jurisdiction:-The competent Court at Bangalore, India shall only have Jurisdiction to deal with and decide any legal matter whatsoever arising on account of formulation or execution of this Contract.

Applicable Law:- The contract shall be governed by and interpreted in accordance with the laws of the Republic of India.

Non Assignment to third Party:Vendor shall not be entitled without HAL’s consent to assign or transfer to a third party all or part of the benefi ts or obligations under this contract.

Parallel Arrangement:

Non-conformities between Figures and Words: In case of non-conformities/errors are observed in responsive tenders between the quoted prices in figures and in words. This situation normally does not arise in case of e-Procurement. This should be taken care of in the manner indicated below: i) If, in the price structure quoted for the required goods, there is discrepancy between the unit price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total price corrected accordingly; ii) If there is an error in a total corresponding to the addition or subtraction of sub-totals, the sub-totals shall prevail and the total shall be corrected; and iii) If there is a discrepancy between words and figures, the amount in words shall prevail. Such a discrepancy in an offer should be conveyed to the bidder asking him to respond by a target date and if the bidder does not agree to HAL's observation, then the bid is liable to be rejected.

Any query related to tender (like due date extension, technical clarification, etc.) 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:- DGM (IMM) Rotary Wing Research & Design Centre, Hindustan Aeronautics Limited, Marathahalli Post, Bangalore - 560017 Ph: 080 - 2232 7191 / 7253 Fax: 080 - 2231 3184 E-mail: [email protected]