SUPPLY OF V-CLAMP AND V-BAND FAILSAFE CLAMP

Delivery and Passing of Property & Risk:-

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

Price :

Vendor should fill in the Price Format Excel file ( Annexure-3) as enclosed with RFQ. 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.

The prices quoted should be firm and fixed.

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.

Bidders has to indicate the currency in the Price bid format.

Quotations submitted in foreign currency will be converted to Indian Rupees (for comparison purpose) by adopting the TT-selling rate prevailing on the date of technical bid opening as indicated in www.exim.net. For any reason, if the exchange rate is not available on the date of tender opening, the nearest past available exchange rate will be adopted.

Validity of quote:- Quote should be valid for 120 days from the closing date of the present RFQ.

Delivery period: Vendors to indicate shortest possible lead time of supply from the date of placement of Purchase order.

Extension of Time: If an extension is desired by the Vendor/Supplier, then Vendor/Supplier shall apply for extension of time to HAL at least 15 days prior to the date of delivery without prejudice to the rights of HAL, then HAL may grant extension of time for any cause which HAL may deem proper and the decision of HAL in this respect to be final and binding and cannot be questioned in any manner whatsoever.

Payment Terms:- For supply of items: 100% payment will be made within 30 days after delivery and acceptance of items at our Stores. 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. e) Foreign vendor is requested to furnish the bank details in SWIFT form to Swift code:SBININBB147, SBI HAL branch and forward us a copy of Swift transfer details for our reference.

TAXES (for Indian Bidders)

Applicability of the GST should be explicitly indicated by the bidder in his response in percentage. If the bidder is registered under Composition Scheme in GST, then the same shall be clearly confirmed here, else, applicable GST will considered for Price Bid evaluation in the absence of relevant input in the offer.

RECOVERY OF INCOME TAX: Deduction of Tax at source will be as per provision of Income Tax Act 1961 prevalent at the time of payment release.

Taxes like IGST, CGST, SGST and other local levies etc, applicable with rates at present should be quoted by Indian bidders. In absence of the same. it will be assumed that the rates quoted are inclusive of applicable GST.

c) GST TDS: Under section 51 certain percentage of GST i.e. @ 2% of GST (2% IGST (for Interstate) / 1% CGST + 1% SGST for Intra State) to be deducted by the recipient if the contract value is more than Rs.. 2,50,000. TDS will be deducted when • Vendor, place of supply and recipient are in the same state • Vendor as well as the place of supply are in different states TDS will not be deducted if Vendor as well as the place of supply are in same State and the recipient is located in different State . TDS will be deducted at the time of payment or entry on books whichever is earlier

Taxes / Duties: a. In case of Foreign vendors: i. For Supply of Goods Vendor will bear all the taxes, duties and levies payable in their country. HAL will bear all taxes, duties and levies payable in India. Vendor to indicate the applicable HSN/SAC code in the price bid format towards the deliverables and services rendered under this contract.

Special Instruction for Foreign Service Providers regarding PAN: The current procedure for obtaining PAN for Foreign suppliers/service providers is available at website: https://tin.tin.nsdl.com/pan (refer Form 49A -online application for new PAN) PAN is required to facilitate deduction of Tax at source(TDS) as per prevailing rates towards payment against services rendered as mentioned above against contract emanating against subject RFQ, failing which tax will be deducted at the highest of the rates as indicated above. Important: The appropriate loading of TDS at applicable rate will be done during commerical evaluation of offers, in case of vendors who insist for payment net of Indian taxes.

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: Warranty shall be for a period of twelve calendar months, after the goods have been taken over by 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 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

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-II A & ANNEXURE-IIC (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.

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.

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,

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.)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Export License: Vendors should categorically confirm the availability of export license from their government for exporting the system. Vendor 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 shall be entire responsibility of the vendor.

Right of Sale and Utilization-ExportLicense/Reexport Permission:

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

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

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.

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

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.

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

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

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

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:- i) CHANDRAMOULI GB, CM (IMM) ii) HS Thyagarajamurthy, AGM (IMM) Aircraft Research & Design Centre, Aircraft Research & Design Centre, Hindustan Aeronautics Limited, Hindustan Aeronautics Limited, Marathahalli Post, Marathahalli Post, Bangalore - 560037 Bangalore - 560037 Ph: 080 - 2232 4341 Ph: 080 - 2232 4357 Fax: 080 - 2231 7132 Fax: 080 - 2231 7132 E-mail: [email protected] E-mail: [email protected]

Type of Bid Document: Technical Bid (Technical Requirement Compliance Sheet)

HAL REQUIREMENTS

DESCRIPTION

Supply should be from latest batch of manufacture and subject to Acceptance at ARDC, HAL.

Supply should accompany OEM Certificate of Conforamce (COC) i.e. M/s Eaton

Delivery : Vendors to indicate shortest possible lead time of supply from the date of placement of Purchase order

Bidder’s country which shares a land border with India: All the participating bidders have to mandatorily submit the relevant certificate as per format attached as ANNEXURE-II A and Annexure-IIC (either Type-I or Type-II), at the time of submiting the Technical bid along with their offer. Refer Annexure-II, Commercial Terms and Conditionss

Biding Quantity: The offered price should be the exact quantity requested in the RFQ,

IMPORTANT NOTE: It is noticed that vendors are not uploading the relevant documents in the bid also not filling the compliances requested in RFQ. Due to this there is abnormal delay noticed in the procurement process in this regard following to be noted for complains:  Each place requested for compliances are to be filled completely in the technical compliance sheet. In case vendor has left blank it will be treated as vendor has not quoted for that item and that particular item will be technically rejected. Hence you have to fill all the places mandatorily.

HAL Requirements

Description

V CLAMP

V-BAND FAILSAFE CLAMP