Supply of Raw materials as per RFQ

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

Any additional information to be filled by the vendor ->

Annexure-III

Aircraft Research and Design Centre HINDUSTAN AERONAUTICS LIMITED Marathahalli Post Bangalore - 560 037. INDIA

TECHNCIAL CUM NON PRICEBID

Tender Ref. No.: D/IMM/5461/7R/1201/2026

Name of the Vendor/ Firm: (To be indicated by vendor / firm)

Quotation Ref. No.

Note: 1. Vendor to provide the Manufacturer Information against each of the offered items 2. Vendor to provide their compliance for Mill Test Certificates, Certificate of Conformity(COC), Certificate of Origin against each of the offered items. .

HAL Requirement

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

NYLON 6 BAR

Any additional information to be filled by the vendor ->

ANNEXURE-V

Aircraft Research and Design Centre HINDUSTAN AERONAUTICS LIMITED Marathahalli Post Bangalore - 560 037. INDIA

COMMERCIAL TERMS AND CONDITIONS

Tender Ref. No.: D/IMM/5461/7R/1201/2026

Type of Bid: Two Bid System

Name of the Vendor/ Firm: (To be indicated by vendor / firm)

Quotation Ref. No.: (To be indicated by vendor / firm)

PLEASE INDICATE YOUR RESPONSE/ COMPLIANCE/ ACCEPTANCE TO THE FOLLOWING TERMS AND SUBMIT ALONG WITH YOUR TECHNICAL BID

COMMERCIAL TERMS AND CONDITIONS - COMPLIANCE MATRIX

TERMS AND CONDITIONS FOR SUBMISSION OF BIDS THROUGH E-PROCUREMENT:

The tender is issued through HAL E-procurement portal (https://eproc.hal-india.co.in) and vendor has to submit their offer through E-portal mode only. The offer / quotation submitted other than e-portal mode shall be summarily rejected. Vendors need to get registered with HAL e- Procurement portal to submit their bids on line. Bidders should have valid Digital Signature Certificate(DSC) and registration with HAL's e-procurement portal for submission of bids.

In case bidders have any problem in downloading or upoading the documents /bids etc., they may directly approach HAL Help Desk 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. HAL will not be responsible for the cost incurred in preparation & submission of bids including the cost towards obtaining digital certificate.

Bidders are advised to visit HAL e-portal till the closing date of tender as all corrigenda with regard to above tender, if any, will be issued through HAL e-portal.

Guidelines for submission of bids

Bidders are requested to submit their proposals (i.e. Technical cum non price bid and Price bid separately) through HAL’s e-procurement portal (https://eproc.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 Bidder's are requested to submit their bids through HAL’s e-procurement portal well before the tender due date and time.

Uploading of Technical Bid:

a) Vendors to submit the Technical cum non price Bid with compliance/complete details item wise as called for in Annexure-III. Bidders should download the Annexure-III(Technical cum non price Bid) excel sheet, from e-procurement portal and after the bidder fills their compliance/required data in the excel sheet, the same should be uploaded in the e-portal

b) Compliance matrix against Commercial terms and conditions at Annexure-V without any price details, should be uploaded along with the technical cum non price bid in the technical bid zone. Bidders should download Annexure-V(Commercial terms check list) excel sheet from e-procurement portal and after the bidders fill their compliance/required data in the excel sheet(Annexure-V), the same should be uploaded in the e-portal along with the Technical cum non price Bid

Note: In case of any price information provided by any of the Bidder's in the Technical bid zone, even in the form of PDF, the Technical Bid of the respective Bidder would not be considered for evaluation and treated as invalid and Bid will be rejected.

Uploading of Price Bid:

It should be ensured that all prices/ values are specified in the Price Format at Annexure-IV(Price Bid). No subsequent addition/ alteration/claim will be entertained over and above the quote. Note: Bidders should download Annex-IV(Price Bid) excel sheet from e-procurement portal and after the bidder fills their compliance and required data(pricing) in the excel sheet(Price Bid), the same should be uploaded in the e-portal. Prices should not be indicated in any other places.

Bidders to Note the following:

Cost of Tender / Bidding: The Tenderer shall bear all costs associated with the preparation and submission of the Tender, and HAL, will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the Tendering process.

Contents of Tender Document: The Tender Document with all its attachments thereto, shall be considered to be read, understood by the Tenderer. Failure to furnish all information required by the Tender Documents or submission of a Tender not substantially responsive to the Tender Documents in every respect will be at Tenderer's risk and may result in the rejection of the Tender.

HAL's Right to modify the Tender Document or extend the Tender due date:

At any time prior to the deadline for submission of Tender, the company (HAL) may, for any reason, whether on its own requirement or in response to a clarification requested by prospective Tenderers, modify the Tender Documents by issuing addenda / corrigenda.

Any addendum / corrigendum thus issued shall be part of the Tender Documents.

The Company may, at its discretion, extend the due date of submission of Tenders in order to allow the Tenderers a reasonable time to furnish their most competitive Tender taking into account the addenda / corrigenda issued. Such Addenda / Corrigenda shall be hosted in HAL e-portal. Tenderer should regularly visit the HAL e-procurement portal to keep themselves updated.

HAL's right to accept or reject any or all Bids: HAL reserves the right to accept or reject any Tender, and to annul the Tendering process and reject all Tenders at any time prior to award of the contract without thereby incurring any liability to the affected Tenderer(s) of the ground for company's action.

Tenderer should not be under liquidation, court receivership or similar proceedings

Tenderer should not be 'blacklisted/delisted' by any Central Government PSU / Government Department.

TENDER PROCESS

Bid Clarifications: Clarifications, if any required on the RFQ may be sent to email id: [email protected].

TENDER DUE DATE: The due date for submission of Bids is 07-Augest-2026 @ 14:00 Hrs (IST) through e-procurement portal of HAL. Please note that the due date for submission generally will not be extended.

LATE TENDER: The system will not allow for uploading quotation after due date and time of the tender. Vendors may take note of this aspect and upload quotation well within due date and time of the tender. HAL will not be responsible for inability of vendor to upload the tender documents in e-procurement portal and issues related to internet connectivity.

TECHNICAL BID OPENING: Technical cum non price bid against this RFQ would be opened on 08th August 2026, 10.30 Hrs (IST). Interested bidders may witness the tender opening online by logging into HAL e-Procurement portal.

PRICE BID OPENING: Price bids of short listed vendors whose technical bids have been accepted by HAL for at least one item, only would be opened. The information regarding date and time of opening , would be provided separately to only successful vendors. Technically qualified bidders may witness the tender opening online by logging into HAL e-Procurement portal. Note: Commercial bids of specific line items which are technically acceptable only would be considered for commercial evaluation. All other items would be treated as null & void and would not be considered for evaluation.

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 e) 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 heis 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.

Manufacturer Information:

i.Vendor should indicate the manufacturer information for the offered items, in the column specified at Annexure-III. Further, since several items are included in the tender, vendors may be offering items of different manufacturers and accordingly vendors may indicate the manufacturer information against the offered items at Annexure-III.

ii. If the supply lead time is greater tha 3 months and lesser than 6 months for the offered items, then the Bidder needs to submit the details of back-to-back arrangement with Manufacturers / Mills/OEMS for supply of the Raw materials within 3 weeks from the date of release of purchase order.

iii. If the supply lead time is greater than 6 months for the offered items, then the Bidder needs to submit the details of back-to-back arrangement with Manufacturers / Mills/OEMS for supply of the Raw materials and the copy of the contract (without price details) between the Bidder and Manufacturers / Mills/OEMs within one month from the date of PO release by HAL.

PRICE :

In case of Foreign Suppliers:

a. The bidder is required to indicate prices against individual items. Prices quoted should be in the currency of the country of supply or any other convertible foreign currency.

b. HAL being manufacturers, bidders to indicate in the quotation manufacturers discount if any.

c. Bidders to confirm that the prices quoted are the lowest export price and is the same as they would normally quote to Govt. Department.

d. Price quoted should be net FOB/FCA, export packed/FAS Vessel with no extra charge whatsoever.

e.If, for special reasons, bidder prices are Ex-Works or F.O.B. plant, bidder must prepay inland transportation’s. Port dues and shipment charges up to F.O.B. vessel at port of shipment and claim this amount of actual along with the price of the goods through bank. Bidder’s quotation should indicate clearly the extent of such charges.

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

In case of Indian Suppliers:

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

b.Indian Bidder should quote in Indian Rupees and payment will be made in Indian Rupees.

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

Applicable for Indian Bidders intend to submit their offer on High Sea Sale Basis:

Following aspects need to be ensured and complied by the vendor for submission of offer on high sea sales basis.

a) Indian Bidders submitting their offer for imported items should quote in Indian rupees considering High Sea Sale basis. The offers to be submitted on FOR HAL ARDC basis. All the freight elements need to be taken care by the vendor till the delivery at ARDC.

b) The customs clearance activity to be taken by the vendor. The requisite custom duty exemption certificate will be provided by HAL. In case, HAL could not provide CDEC, vendor may pay custom duty and claim the same by submission of proof of Incurrence or inform HAL for payment of the customs duty once the material is received at customs. All the costs associated with customs clearance, demurrages etc., to be taken care by the vendor.

c) High Sea sale agreement will be signed by HAL after the dispatch of goods from origin & prior to their arrival at destination. The agreement should be on stamp paper.

d)Note: On concluding the HSS agreement, the B/L should be endorsed in favor of the new buyer, in respect of air shipment, HSS seller should write to the consol agent informing that a HSS agreement has been established with the HSS buyer and that the carrier document should therefore be considered and endorsed in favor of the HSS buyer and further the IGM should be filed by the carrier in the name of the HSS buyer

DELIVERY:

Deliveries quoted should be firm.

Please confirm whether the item is of the shelf or to be manufactured specific-to-type. If the items are manufactured specific-to-type, bidder to quote firm delivery schedule taking in to consideration of the period actually required based on the complexity of the item. In the event of an order, HAL reserve the right to claim towards liquidated damages on the undelivered part of the order. This clause will be strictly followed by HAL. Therefore your delivery schedule should be firm and definite.

Bidder to provide itemwise delivery schedule in the Technical cum non price Bid- Annexure-III.

Quantity:

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.

c. For the raw materials, Qty.tolerance +/- 10% acceptable

Supply of alternative item: Vendors are requested to offer the Specification / Sizes / Qty as per our requirement. In case, Suppliers are not in a position to offer the required specification, they may offer the alternative specification which is fully interchangeable to the required specification and provide relevant documentation (Detailed Specification, Applicable descriptive literature / catalogue providing the chemical composition and Mechanical properties) for confirming the specification offered. In case alternative specifications / sizes / quantities are offered, technical acceptability or otherwise will be decided by HAL. The decision of HAL is final and binding on all the parties.”

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.

Validity of the Quotation: Price quoted should be net and unless otherwise specified should remain valid for HAL acceptance for a minimum period of 180 days from the closing date of enquiry and the materials of offered should be kept under provisional clearance for this quotation

Packing: The vendor will be held responsible for the stores being sufficiently and properly packed for tropical storage and for transport by rail, road, sea or air so as to ensure their being free from loss or injury on arrival at their destination. The packing and marking of packages shall be done by and at the expense of the Contractor. Each package shall contain a Packing Note quoting Purchase Order number and date showing its contents in detail. Each shall be properly marked with Purchase Order No., Consignee’s name & address, package-handling instructions etc. The package shall have adequate provision for handling during transit.

Receipt & Despatch: The Vendor is responsible for obtaining a clear receipt from the Transport Authorities specifying the goods dispatched. Vendor will not book any consignment on a said to contain’ basis. If vendor 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.

SUPPLIES TO BE COVERED WITH THE FOLLOWING DOCUMENTS:

a. ORIGINAL INVOICE b. CERTIFICATE OF CONFORMITY(COC) c. MILL TEST CERTIFICATES d. CERTIFICATE OF ORIGIN e. VENDOR TO CONFIRM PACKING OF THE ITEM AS PER PHYTO SANITARY CERTIFICATE f. SPECIFICATION, SIZE & LOT NO. MUST BE STENCILLED ON ALL ITEMS AS PER CERTIFICATE OF CONFORMITY

Warranty: Warranty shall be for a period of twelve calendar months, after the goods have been taken over by HAL,the vendor 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 vendor to replace or renew any defective portion of the goods the contractor shall make such replacement or renewal without any extra cost to HAL.

Liquidated Damages:- In the event of an order, HAL reserve the right to collect a sum of 0.5% per week (on basic cost only excluding taxes & duties, if such details are furnished separately in the bid submitted) or part thereof, subject to a maximum of 10% as HAL's claim-towards liquidated damages on the undelivered part of the order,for the duration of delay, beyond the delivery schedule as per PO. Note : In case of Bidders not agreeing for LD clause, the maximum LD amount/ to the extent not agreed LD value, to be loaded in the Comparative Statement, to determine the successful bidder.

Payment Terms:

In the event of an order, 100% direct payment will be made within 30 days of receipt and acceptance at HAL-ARDC Stores to Vendor’s designated Bank Account by NEFT/RTGS/SWIFT/WIRE transfer or any other latest Electronic Payment remittance mode. The supply should accompany the documents as follows for processing the payment: In case of Foreign origin material: a. ORIGINAL INVOICE b. CERTIFICATE OF CONFORMITY(COC) c. MILL TEST CERTIFICATES d. CERTIFICATE OF ORIGIN e. VENDOR TO CONFIRM PACKING OF THE ITEM AS PER PHYTO SANITARY CERTIFICATE f. SPECIFICATION, SIZE & LOT NO. MUST BE STENCILLED ON ALL ITEMS AS PER CERTIFICATE OF CONFIRMITY In case, any vendor offers alternate payment terms, Acceptance or otherwise of such payment term will be made by HAL after review of offers. HAL decision is final and binding on all the parties, in this regard. In case such alternate offers are accepted, HAL shall load the corresponding associated costs for doing the commercial evaluation.

Bidders are requested to provide the Bank Account details for processing payment.

TAXES & DUTIES:

In case of Foreign Suppliers:

a) In respect of Foreign bidders, bidders has to bear all taxes, duties and levies payable in their country and HAL will bear all statutory levies, other than withholding tax and Goods & Service tax, payable in India.

In case of Indian Suppliers:

a) The taxes, duties and other Govt. levies should be indicated in full and separately

b) Unless the rate at which Taxes(SGST, CGST, IGST and other Government levies) chargeable is clearly indicated in the quotation, we will assume that the rates quoted are inclusive of taxes. claim for Taxes will not be entertained at a later stage

c) Please provide GSTIN No. of your firm and HSN code of the items for which you have submitted your offer

Non-conformities between Figures in quotation:

In case of non-conformities/errors are observed in responsive tenders on the quoted prices.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. 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.

TENDER EVALUATION: The evaluation will be done on individual line item basis.

TECHNICAL EVALUATION:

All the 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/clarification from the concerned vendors. All Such offers having at least one technically acceptable item, would be considered for commercial Bid opening.

COMMERCIAL EVALUATION:

a. All Such offers having at least one technically acceptable item, would be considered for commercial bid opening. Commercial bids of specific line items which are technically acceptable only would be considered for commercial evaluation. All other items would be treated as null & void and would not be considered for evaluation.

b.It may be noted that the commercial evaluation will be done on the total landing cost to HAL line itemwise. In cases of non-compliance or partial compliance by vendors to HAL commercial terms and conditions, the corresponding loading charges as mentioned at appropriate places in this RFQ, shall be loaded to the corresponding vendors during the commercial evaluation. Bid with lowest price conforming to the specification will be considered for placement of order.

c. 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.

d. Conditional discounts will not be considered in evaluation of tender

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

f. Incase, some of the bidders offer MOQ higher than RFQ quantity for any item then the evaluation shall be done by making comparison of the total price(MOQ x Unit price) of such bidders with the total price of other bidders for RFQ quantity separately for each line item.

g. In case of Foreign Bidders: i)The total value quoted in foreign currency as per price format will be converted to Indian Rupees by adopting the exchange rate prevailing on the date of technical bid opening considering TT selling rate of website: www.exim.in. For any reason, if the exchange rate is not available on the date of technical bid opening, the next available exchange rate will be adopted. ii. Based on the INCOTERMS offered by the foreign bidder, the corresponding Freight,insurance, customs duty, other applicable charges, shall be loaded on to the basic cost offered by the Foreign Bidder for arriving at total landing cost to HAL-ARDC.

h. In case of Indian Bidders: Indian Bidders should quote in Indian Rupees on F.O.R. ARDC basis inclusive of all charges including transit insurance. All the freight elements to be taken care by the vendor till delivery at ARDC. The applicable taxes i.e GST etc shall be loaded for arriving at the total landing cost to HAL.

i. Import Content Clause: 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).

j.ERV Condition : If the products/items/materials quoted by the Indian Bidders involves import content, then the value of import content needs to be indicated in the offer (in FE). Further, Bidder should indicate whether Exchange Rate variation (ERV) is applicable on the FE content declared by the vendor. If ERV is applicable, ERV reckoning date shall be the last date of submission of Commercial bid (i.e. due date of the tender). For purpose of making ERV payment, actual value of import (to be supported by BOE, etc.) or declared value of import in bidders quote whichever is lower to be considered for calculation of ERV based on TT selling rate on the date of BOE. Exchange rate variation on the higher side, shall be paid by the HAL and similarly any exchange rate variation on lower side i.e. price reduction, to be passed on to HAL.

Settlement of Disputes and Arbitration: Amicable Settlement: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by bilateral discussions. In case of technical disputes involving confidential matters, the issue shall be referred to a high level technical authority for each party, appointed for this purpose. Any dispute, which cannot be settled amicably as above within 60 days from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, shall be settled by Arbitration. Arbitration: The Arbitration Proceedings shall be conducted in India under the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. The award of such Arbitration shall be enforceable in Indian Courts only.The law applicable to conducting arbitration shall be Indian law.

Jurisdiction and Governing/Applicable laws: The Court at Bangalore/place of Division only shall have jurisdiction to deal with and to decide any legal matter whatsoever arising out of this contract. This contract shall be governed by and subject to and interpreted and construed in accordance with the Laws of Republic of India, which are in force from time to time. Nothing in this contract shall entitle the Parties to this contract to exercise the rights, privilege and powers conferred under this contract in any manner which will contravene the Laws of India.

Agent / Agency Commission: The Seller confirms and declares to the Buyer that the Seller is the original manufacturer or authorized distributor/stockist 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. HAL has not appointed / authorized any person / agent to deal with the vendors in respect of the said contract. In case, if someone claims and interacts with the vendors it shall be duty of the vendors to bring such instances to the notice of HAL Management

Non involvement of any agent and Middle man:

Offers and all correspondence / communications should be addressed directly to HAL.

No involvement of agents or Middleman in India or other countries in any capacity what-so-ever is permitted at any stage in relation with this tender and the resultant contract. Vendors should specifically indicate if any of their office or contacts exists in India or abroad providing the details and extent of the activities handled by them and provide the details of the employees, address of the office / location, phone and fax numbers etc.

Please note that no agency commission / fee / service charge should be payable to any agent / middleman for promoting this tender. Non-compliance, as of now or in future would entitle HAL to take appropriate action as given in Para no. 25.

Inspection-Quality Assurance – Acceptance:

a) All relevant technical documents related to quality will have to be provided by the bidder in English. Details of the documents must be provided by the Bidder in Technical Bid.

b)i) All Quality documents i.e. CERTIFICATE OF CONFORMANCE ,VALID TYPE APPROVAL / LETTER OF TECHNICAL APPROVAL(LOTA) BY CEMILAC / RCMA FOR AIRBORNE USAGE, MILL TEST CERTIFICATES needs to be supplied along with the deliverables

b)ii) The supplier should ensure that manufacturer batch no. to be indicated on all the materials supplied.

b)ii) HAL will carry out inspection in its premises as per the supporting documents provided by the bidder and HAL inspector’s decision as regards acceptance/rejection of goods shall be final and binding on the parties. Deviations / defects noted on receipt will be intimated to the bidder. In response, bidder should ensure free replacement of the materials within a time specified by HAL. Bidder should bear to & fro transportation charges in such replacement without being entitled to any extra payment.

Defect Investigation: When the supplied item is within the warranty period and the defect being confirmed by the bidder on notification issued by HAL, the defective item will be replaced free of cost. Bidder should bear to & fro transportation charges in such replacement without being entitled to any extra payment.

IMMUNITY TO GOVERNMENT OF INDIA: It is understood and agreed that 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.

Repeat 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.

INSOLVENCY If 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: 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.

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

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

Language:

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

Confidentiality:- The Supplier shall hold confidential technical data and information supplied by the Purchaser or on behalf of the Purchaser and shall not reproduce any such technical data or information or divulge the same to any third party without the prior written consent of the Purchaser. The Purchaser shall hold confidential technical data and information supplied by the Supplier or on behalf of the Supplier and shall not reproduce any such technical data or information or divulge the same to any third party without prior written consent of the Supplier except as far as may be necessary for either party to carry out its obligations under this Contract.

Please send your REGRET for specific items , in case the subject item is not covered in your range of products.

QUALITY & WORKMANSHIP:

i.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 insuffi cient 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 specifi ed in the Purchase Order. The Stores/ Goods supplied shall conform to the standards, if 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.

ii. Vendors need to : - implement a quality management system; - use customer-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

iii.The supply should be strictly conforming to the ordered specification. In case of non-conformity, the supplier should notify HAL of non confirming product and obtain HAL approval for non confirming product disposition. The supplier should notify HAL of changes in product and/or process, changes of suppliers, changes of manufacturing facility location and, where required, obtain HAL approval. Further the supplier should flow down to their supply chain on the applicable requirements of HAL and its customers.

iv. HAL, its customers and regulatory authorities should have the right to access to the applicable areas of all facilities, at any level of the supply chain, involved in the order and to all applicable records.

ENVIRONMENT COMPLIANCE: As HAL-ARDC is following ISO 14001: 2015; Environmental Management System: i. Supplier should provide information about Potential Significant Environmental impacts associated with transportation, delivery, use, end-of -life treatment and final disposal of products and services. ii. 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.

DELIVERIES, CONSEQUENCES OF BREACH: The date of delivery stipulated in the Purchase Order shall be deemed to be the essence of the Contract, and delivery must be completed on or by the dates mentioned in the Purchase Order or the tender. Should the Vendor fail to deliver the stores or any consignment thereof within the period prescribed for such delivery,HAL shall be entitled at their option: a. To recover from the Vendor as per liquidated damages, and not by way of penalty, a sum of 0.5% of the price of any stores which the contractor has failed to deliver as aforesaid, for each week or part thereof during which the delivery or such stores may be in arrears subject to a maximum of 10% ofthe price of the stores in default (or) b. To purchase elsewhere, with or without notice to the Vendor on the account and at the risk of the Vendor, the stores not delivered or others of a similar description (where other exactly complying with the particulars are not available), HAL’s decision in this respect will be final (or) c. To terminate the contract in the event of action being taken under Para – (a) & (b) above, the Vendor shall be liable for any loss which HAL may sustain on the account, but the Vendor shall not be entitled to any gain on repurchases made against default.

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

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. 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,

b) Any stores rejected by HAL’s Inspector must be removed by the contractor within 14 days from the date of receipt of intimation of rejection and at his own cost, failing which the contractor shall be liable to pay storage charges at 1% for each day of delay on the invoice value of the stores. If the stores are not removed within a month from the date of intimation of rejection, the stores will be liable, to be sold by HAL at the contractor’s risk and responsibility and the proceeds adjusted towards storage charges.

c) In case any payment is made against delivery and it is found that the supplied item is rejected during inspection/commissioning, contractor will be required to choose any one of the following options to collect the rejected item for replacement: i) Refund the amount paid and collect the item for replacement. ii) Submit a Bank Guarantee for the amount already paid and collect the item for replacement. iii) Bring the replacement item to HAL and collect the rejected item.

FIRM PRICES : The contract prices as mutually agreed will be firm and fixed as per contract terms till execution of contract and exclude subsequent claims or price increases of any kind. Tenderers should clearly mention whether the prices hold good when the full quantity of enquiry is not ordered but only a part of it. Unless otherwise mentioned, it would be assumed that the rates hold good even when lesser quantities than those enquired of are ordered. Any increase in prices at a later date for ordering lesser quantities will not be agreed to.

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 HAL terms and conditions

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.

EXPORT LICENSE: Vendors should ensure availability of export licence as per their Govt. regulations for export to India. 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.

Risk Purchase: The Supplier will supply quality items 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.

MSE Clause :

As per the directives of Central Govt. of India, Ministry of Micro, Small and Medium Enterprises ( MSMED ACT 2006) and as per the Amendments to the public procurement policy for Micro and small Enterprises(MSEs)order, 2012. HAL, ARDC Division has earmarked to annually procure 25% worth of goods / Services from Indian MSEs (Micro and Small Enterprises) with a sub target of 4% out of these 25% from MSEs owned by SC ( Schedule Caste ) / ST ( Schedule Tribe ) Entrepreneurs and sub target of 3% out of these 25% from MSEs owned by Women Entrepreneurs .

Special Preference to MSEs : The participating MSEs in a tender, quoting price within the band of L1+15% shall be allowed to supply a portion of the requirement in case they agree for bringing down their price, in the situation where L1 price is from someone other than MSE. Such MSEs may be allowed to supply up to 25% of the tendered quantity. In case of more than one such eligible MSE has participated in the tender, the supply shall be shared proportionately.

The MSEs must have registered with Udyam Registration Portal and must submit valid Udayam Registration Certificate which is mandatory for availing the above price preference.

Further if any of the MSEs fall under SC/ST & Women Enterprise category they may indicate the same and submit the needful valid documentation accordingly.

HAL has onboarded on the TReDS (Trade Receivables Discounting System) Exchange through RXIL for enabling payment to MSE vendors through TReDS platform as a Buyer. HAL requests its MSE vendors to get registered on TReDS portal. If you are already registered on the TReDS portal, kindly provide the details of the same.

EXIT CLAUSE Exit criteria: The contract/order may be terminated under the following circumstances: i. In the event of unsatisfactory performance by the vendor during the contract period, or any of the information provided by the supplier is found to be untrue, or seller is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with 3 month’s advance notice without any financial implication to HAL. Notwithstanding the foregoing, in cases where it is found that a Seller is engaged in unethical practices, the same shall be barred from participating in the future contracts for a period of 3 years. ii. If there is change in HAL requirement, contract shall be terminated with 3 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 take 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 5 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(6 months). v. Based on the decision of the Arbitration Tribunal.

Clause regarding Restrictions on procurment from a bidder of a country which shares a land border with India:

I. 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. II. "Bidder" ( including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means any person or firm or company, including any memeber of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated herein, before, including any agency branch or office controlled by such person, participating in a procurement process. III." Bidder from a country which shares a land border with India” for the purpose of this Order means:- a. An entity incorporated, established or registered in such a country ; or b. A subsidiary of an entity incorporated, established or registered in such a country; or c. An entity substantially controlled through entities incorporated, established or registered in such a country; or d. An entity whose beneficial owner is situated in such a country; or e. An Indian (or other) agent of suchan entity; or f. A natural person who is a citizen of such a country; or g. A consortium or joint venture where any member of the consortium or joint venture falls under any of the above. IV. The beneficial owner for the purpose of (iii) above will be as under: 1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means. Explanation --- a. “Controlling ownership interest“ means ownership of or entitlement to more than twenty-five per cent of shares or capital or profits of the company; b. “Control" shall include the right to appoint majority of the directors or to control the management or policy decisions, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; 2.In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership; 3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals; 4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the relevant natural person who holds the position of senior managing official; 5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership. V. An Agent is a person employed to do any act for another, or to represent another in dealings with third person.

The Clause regarding restrictions on procurement from a bidder of a country which shares a land border with India is enclosed at Annexure-I. DECLARATION CERTIFICATE FOR PROCUREMENT OF GOODS & SERVICES is enclosed Annexure-IIA and Annexure-IIC. The Bidders need to fill / sign the Declaration Certificate and submit the same along with the technical bid.