GROUND PORTABLE RADIO

1. Introduction Strategic Electronics Research & Design Centre (SLRDC), Hindustan Aeronautics Limited (HAL), is engaged in the design, development, and supply of airborne communication systems to the Indian Armed Forces. HAL intends to collaborate with capable Indian OEMs for the supply of a mature V/UHF Ground Portable Radio set. These radios must support porting of HAL proprietary waveforms, integration, testing, certification, and subsequent production for supply to the Indian Armed forces.

2. Specifications for Ground Portable Radio Sets for vendor The VENDOR shall: • Provide functional Ground Portable RADIO SETs units along with all required accessories to SLRDC, HAL • Provide Radio Hardware Abstraction, Hardware APIs, BSP, SDK, FPGA abstraction, documentation, and development tools for porting HAL proprietary waveforms. • Position 2 Engineers capable of supporting software & firmware development activities continuously for 3–4 months at SLRDC HAL Hyderabad premises at Vendors cost. Theengineers from Vendor during these period will - Develop the required MMI,Radio control software and self-test software in coordination with HAL. - Provide technical support during waveform development, waveform integration, testing of Radios. • Support for DGQA level or relevant certification activities of Radios (Loaded with HAL waveforms). • Provide production capacity plan and commercial quotation for supply of radios for future requirements.

Description

This Request for Quotation (RFQ) is for CLASS-I / CLASS-II LOCAL SUPPLIER for supply of subject items. Quote received from Class-I / Class-II Local Supplier only will be considered & accordingly only Class-I / Class-II vendors needs to participate in the Tender. Quotes received from foreign source / Non-Local Suppliers will not be considered and will be rejected.

Tender Due Date: The due date for submission of quote is mentioned in the RFQ. Bidder is requested to submit their quotation within the due date & time of RFQ.

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

Submission of Bid:

The bidder is required to submit response to bid through e-Procurement portal and upload their technical and Price bid in the e-Portal only. Bids submitted through any other modes except HAL e-procurement portal will not be considered for evaluation.

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

Bidder to ensure that no pricing aspect is indicated in anywhere in the technical bid. In case of any price information provided in technical bid, even in the form of pdf, the technical bid would not be considered for evaluation and will be rejected. Prices should be entered only in price bid format (xls file).

Procedure for obtaining Digital Signature Certificate (DSCs), its installation, procedure for Log in using DSCs and System Requirements documents are available in our e-portal website https://eproc.hal-india.co.in. In case bidders have any problem during download of Tender Documents and Upload of their Bids, they may directly approach HAL Help Desk 24/7 through following. Email: [email protected] Ph: 080-22323697 / 98

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

Late Bid:

Bid received after the due date and time specified in the tender shall be considered as Late Bid and will not be considered.

HAL will not be responsible for inability of bidder to upload the Bid documents in e-procurement portal.

HAL reserves the right to reject late or incomplete bid.

Opening of Tenders: Bid against this RFQ would be opened on next working day of closing date of RFQ. In case due to various administrative reasons, the quotations are not opened on that day, the same will be opened on subsequent working day. Interested bidders may witness the tender opening online by logging into HAL e-Procurement portal.

Tender Evaluation :

The tender will be evaluated on total package basis on landed cost as per Specifications for Ground Portable Radio as per Price Bid Format. Bidder has to quote the Prices in the Annexure 3 (Price Bid Format) only.

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

Conditional discounts will not be considered in evaluation of tender.

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

Bidders has to quote their price very carefully as additions / alternations will not be allowed after submission of bid.

Conflict of Interest:

Parallel Arrangement: Any Order awarded to the successful bidder as a result of this tender, will be on non-exclusive basis. HAL reserves the right of entering into parallel contract(s)/ release parallel Order(s) with any other firms now or hereafter.

Restrictions on procurement from bidders from 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 any procurement whether of goods, services (including consultancy services and non-consultancy services) or works ( including turn key projects) only if the bidder is registered with the Competent Authority. Further, any bidder (including bidder from India) having specified Transfer of Technology (ToT) arrangement with an entity which shares a land border with India, shall also require to be registered with the same Competent Authority.

II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means any person or firm or company, including any member 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 (or entity) 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 such an 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:

V. An agent is a person employed to do any act for another, or to represent another in dealings with third person.

VI. The successful bidder shall not be allowed to subcontract works to any contractor from a country which shares a land border with India unless such contractor is registered with the competent authority

VII. The registration shall be valid at the time of submission of bid and at the time of acceptance of bid.

VIII. If the bidder was validity registered at the time of acceptance / placement of order, registration shall not be a relevant consideration during contract execution.

A bidder is permitted to procure raw material, components, sub-assemblies etc. from the vendors from countries which shares a land border with India. Such vendors will not be required to be registered with the Competent Authority, as it is not regarded as "sub-contracting". However, in case a bidder has proposed to supply finished goods procured directly / indirectly from the vendors from the countries sharing land border with India, such vendor will be required to be registered with the Competent Authority.

A certificate is to be furnished by the bidder stating “ I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; I certify that this bidder is not from such a country or, if from such a country; has been registered with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this regard and is eligible to be considered.[Where applicable, evidence of valid registration by the Competent Authority shall be attached].”

A certificate is to be furnished by the bidder in case of specified ToT stating “ I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. I certify that this bidder does not have any ToT arrangement requiring registration with the Competent Authority. OR I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. I certify that this bidder has valid registration with the competent authority to participate in this procurement

Security Deposit:

The successful vendor shall have to deposit 5% of the value of the order (Only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) as Security Deposit within 15 days of receipt of the purchase order, by demand draft or bank guarantee in a prescribed format of H.A.L from a scheduled bank in India, valid up to 60 days after the completion of contract period/last supply. This Security Deposit will bear no interest and will be returned only after the contract is completed to the entire satisfaction of H.A.L.

In case, quotes received without indicating the break-up details of GST or any other Taxes etc. and order placed subsequently on composite value (without indicating break-up details of taxes & duties) then the Security deposit to be sought on the composite value (including taxes & duties)

In case the supply order / contract is not executed to the entire satisfaction of HAL, the Security Deposit will be forfeited . In case any claims or any other contract obligations (related to supplies excluding warranty) are outstanding, the bidder shall be required to extend the Security Deposit as required till such time the vendor settles all claims and complete such obligations.

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

On due performance and completion of the contract in all respects, the security deposit will be returned to the vendor, without any interest, upon return in good condition of any specifications, drawings, samples or any other property belonging to the purchaser, which may have been issued to the vendor

In case the vendor fails to submit the requisite Security Deposit within the stipulated time or any extended time, it may be treated as a withdrawal of an offer by the L1 bidder, and the case may be retendered, besides taking necessary punitive actions including forfeiture of EMD, deregistration and debarment of such Vendors.

Packing:

Receipt & Despatch:( If applicable)

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.

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.

For the Raw materials (in forms of bar, sheet, wires etc.) (applicable for RFQs for raw material) Qty. tolerance ± 10% acceptable.

Quality & Workmanship:( If applicable)

Generally the stores shall be of the best quality and workmanship. Vendor shall comply with the contract in all respects be to the satisfaction of HAL. Where tenders are called for in accordance with ‘particulars’, the vendor’s bids to supply in accordance with such `particulars’ shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or insufficient examination of the ‘particulars’ will in any circumstances be considered. The vendor shall supply the stores in accordance with the ‘particulars’ unless any deviation is authorised as an exception expressly specified in the Purchase Order.

The Stores/Goods supplied shall conform to the standards, if mentioned in the Technical Specifications, or, where no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the concerned institution.

Inspection, Consequences of Rejection:

Either: i) Allow the vendor to re-submit stores in replacement of those rejected within a time specified by HAL, the vendor bearing the cost of freight in such replacement without being entitled to any extra payment, (or) ii) Buy the quantity of stores rejected or other of a similar nature elsewhere at the risk and cost of the vendor without effecting the vendor's liability as regards the supply of any further consignments due under the contract, (or) iii) Terminate the contract and recover from the vendor the loss HAL may thereby incur. The vendor shall not be entitled to any gain on the repurchase,

Any stores rejected by HAL’s Inspector must be removed by the vendor within 14 days from the date of receipt of intimation of rejection and at his own cost, failing which the vendor 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 vendor’s risk and responsibility and the proceeds adjusted towards storage charges.

In case any payment is made against delivery and it is found that the supplied item is rejected during inspection/commissioning, vendor 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.

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:

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 vendor 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% of the price of the stores in default (or)

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)

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.

Vendors need to : - follow a quality management system; − 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.

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

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

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.

endor shall provide warranty of 12 months on the deliverables. Vendor would be responsible for repairs or to replace any defective item at their own cost including collection of items from HAL stores and submission of items back to HAL stores within a week against bank guarantee.

During warranty minimum uptime of 95% shall be ensured failing which warranty period shall deem to be proportionately extended. During warranty period equipment shall be replaced/repaired free of cost including any to & fro freight/insurance involved. Vendor shall attend to warranty calls immediately.

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.

Liquidated Damages:-

Delivery Terms:

Price

The prices quoted should be firm and fixed till execution of PO and exclude subsequent claims or price increase of any kind. The bidder is required to indicate prices against individual line items in the Price Bid Fromat.

Price quoted should be on F.O.R. Destination basis as per Specifications for Ground Portable Radio inclusive of all charges including transit insurance.

Goods and Services Tax (GST):

GST Registration Status:

GST Registration Number (15-digit GSTIN):

Composition scheme:

Exemption from Registration:

HSN Code and GST Rate:

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

Payment Terms:-

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

Date of Reckoning of Exchange Rate Variation: If the products/items/materials quoted by the Indian vendors involves import content, then the value of import content needs to be indicated in the offer (in FE). Further, vendor should indicate whether Exchange Rate Variation (ERV) is applicable on the FE content declared by the vendor. If ERV is applicable, ERV reckoning date shall be the last date of submission of commercial bids (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.

Denial Clause: In case of any delay in delivery caused due to default of the Vendor and during such delayed period if any increase in statutory duties and/or upward rise in prices due to the Price Variation Clause (PVC) and/or any adverse fluctuation in foreign exchange arises then such additional amount/s is/are to be borne by the Vendor, apart from the payment of agreed Liquidated Damages. Besides HAL reserves its right to get any benefit of a downward revisions in statutory duties, PVC and foreign exchange rate, taken place during such delayed period, effecting the original agreed price.

Delivery Schedule: As per Specifications for Ground Portable Radio Attached at Annexure 1.

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.)

Language:

Bribes and Gifts

Relationship of the Parties:

Dispute Settlement Mechanism

Amicable Settlement by way of Mediation:

Arbitration: (Note: Arbitration shall be invoked if the value of the disputed claim is less than 10 Cr only)

Termination for Default of Vendor or for other reason

The work is delayed or cancelled for causes attributable to force majeure

The requirement is withdrawn by HAL’s Customer

The Vendor is declared bankrupt or becomes insolvent

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

As per decision of the Arbitration Tribunal

In case any part of the Order is subcontracted by the Vendor without prior permission of HAL

If the performance of the Vendor is not found satisfactory during the execution of work

In any of the above stated case, no claim of damage etc., by the Vendor will be allowed

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.

Assignment/Subcontract:

Agent / Agency Commission:-

IMMUNITY TO GOVERNMENT OF INDIA:-

Fall Clause:

Product Liability: Successful vendor needs to take sufficient cover against the risks of product and civil liabilities in relation to equipment /product supplied by them. In the event of claims from any other party on any damages or deficient performance which are directly attributable to the vendor’s product, HAL would not be liable and would have the right to seek appropriate compensation from the vendor.

Indemnity:-

Appropriation:

Confidentiality:-

The Vendor 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 Vendor or on behalf of the Vendor and shall not reproduce any such technical data or information or divulge the same to any third party without prior written consent of the Vendor except as far as may be necessary for either party to carry out its obligations under this Contract

For the purpose of this Tender / Contract / Agreement, the Bidder / Vendor 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 / Vendor 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 / Vendor 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 / Vendor 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:-

IPR CLAUSE: ( If applicable)

IPR Clause for Development Activities taken up at the Behest of HAL:

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

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

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

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

IPR Clause for indemnification of HAL in case of Infringement of Third Party IPR

HAL shall have the right to use the Supplies/Services procured under the contract that may contain any Intellectual Property/ Intellectual Property Rights. Vendor shall indemnify and protect at its own cost, HAL in respect of cost/claims/ liabilities (including attorney’s fees) arising from any violation of Intellectual Property Rights of any third party with respect to Supplies/Services provided by Vendor. If HAL or HAL’s customer/s are unable to put to use the Supplies/Services or a portion thereof as a result of violation of the Intellectual Property of any third party, Vendor shall within reasonable time at Vendor’s own cost either, i) procure for HAL and HAL’s Customer/s the right to continue using the Supply/Service or, ii) replace or modify the Supplies/Services so that it becomes non-infringing or, iii) compensate HAL the amount equivalent to the cost of supplies procured/ to be procured, development cost already paid to Vendor and damages suffered by HAL arising due to inability to put to use the supplies/ services or a portion thereof. Intellectual Property for the purpose of this clause includes inventions, discoveries and improvements; know-how, works of authorship, technical data, drawings, specifications, process information, reports and documented information; and computer software(including without limitation, source code, object code, source code listings and object code listings that would enable the software to be reproduced or recreated), topology of integrated circuits, databases or any other such results of intellectual activity.

Exit criteria: The contract/order may be terminated under the following circumstances:

In the event of unsatisfactory performance by the Vendor during the contract period, or any of the information provided by the Vendor is found to be untrue, or Vendor is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated within three months advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a Vendor is engaged in unethical practices, they shall be barred from participating in the future contracts for a period of three years.

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 Vendor shall ensure the following: a) IPR’s are transferred to Buyer to enable Buyer to proceed on the work with other Vendor. Vendor also will render all assistance till the other Vendor fully take over the balance work. (If applicable) b) Transfer title and deliver all or any part thereof of the supplies, materials, work-in-progress, finished Products, Tooling, drawings and data produced or acquired by Vendor specifically for the Product being terminated. c) Supply of products and its components / spares at least for a period of two years from the date of such termination.

The Vendor is declared bankrupt or becomes insolvent.

The delivery of material is delayed due to causes of Force Majeure by more than six months.

Based on the decision of the Arbitration Tribunal.

Others

Vendors (OEMs) while submitting the proposal should categorically declare that items quoted by them are their newly manufactured items and are not resold (2nd sale).

Quotation should accompany the detailed catalogues and literature (if applicable)

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

Any terms & conditions which has not been the part of the bid or Purchase Order, if put forward in subsequent correspondence, shall not be considered by HAL.

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

Canvassing by bidders in any form, including unsolicited letters on bid/s submitted or post tender corrections shall render the bid/s liable for summary rejection.

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

The Vendor need to comply with sustainability criteria and legal requirements of environment or pollution control and other mandatory and statutory regulations or internal guidelines, if any, applicable from time to time, for the goods/services under procurement.

Non-Solicitation of Identified Personnel: Either the party acknowledge the other that the object of this Specifications for Ground Portable Radio involves defence-related specialised technology or sensitive project-based joint development / research, and for continuity of such project/s, the identified personnel are required for maintenance of its operational and performance confidentiality / secrecy. Accordingly, during the term of this PO / Agreement and solely for the limited purpose of ensuring the confidentiality/secrecy during the performance of the project, neither Party shall voluntarily solicit or induce any identified project-specific personnel of the other, who are directly involved in the execution of the subject Specifications for Ground Portable Radio, to quit their ongoing employment during continuity of that project. Nothing in this shall be interpreted as a wage-fixing or market-allocation arrangements, and the Parties affirm that the purpose of this provision is confined to consider project integrity, national-security and reotection of confidential information & technology. Any request from any Party for hiring or engagement of such identified personnel of other shall be made in writing and may be approved by the other at its discretion.

Integrity Pact (IP)

Integrity Pact (IP) as per HAL format enclosed shall be duly ink signed by the bidder along with the witnesses. Failure to sign Integrity Pact as per HAL’s standard format may lead to rejection of offer. In case of submission of offer through e-portal, scanned copy of the signed Integrity Pact also need to be submitted along with your offer and in parallel, the hard copy of original ink singed IP should reach HAL by post. The submission of Integrity Pact without deviation is a mandatory requirement

It is requested to forward the original signed Integrity Pact (as per HAL format enclosed with the tender ) to the following Contact Person and Address: Address of the Division/Dept. : B.Bhaskar Senior Manager (Purchase), Strategic Electronics Research & Design Centre, Hindustan Aeronautics Ltd. Balanagar Post, Hyderabad-500042, Ph:+91 40 2382 6235

In respect of IP and its monitoring authority i.e. the Independent External Monitor (IEM), who is appointed by HAL, in line with the communication received from Central Vigilance Commission (CVC). The present IEMs are: 1. Shri Sunil Kumar Bansal, IPS (Retd.) Email id: [email protected] 2. Shri Chaitanya Kumar Varma, CE&MES (Retd.) Email id: [email protected] 3. Shri Ashok Kumar Tripathy, IAS (Retd.) Email id: [email protected]

The bidder may approach the IEM nominated only for IP related issues. Any other specific clarifications/query/status with reference to tender and request for validity, extension of the tender etc., should be forwarded to concerned tender issuing HAL Officer

Both Omnibus IP and Standalone IP formats are enclosed with RFQ/RFP. In case if Bidder has already signed Omnibus IP with any other Divisions of HAL and validity of the same exists for this contract period, then Bidder may forward the copy of the same. If Omnibus IP is not signed, then Bidder may choose to execute either of the IP formats i.e. Omnibus IP or Standalone IP

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:- B.Bhaskar Senior Manager (Purchase), Strategic Electronics Research & Design Centre, Hindustan Aeronautics Ltd. Balanagar Post, Hyderabad-500042, Ph:+91 40 2382 6235 Email:[email protected]

Description

TOTAL PRICE FOR DEVELOPMENT PHASE (as per price format Schedule-I) (Prices firm and fixed )

TOTAL PRICE FOR SERIES PRODUCTION PHASE (as per price format Schedule-III) (Prices on Incurrence basis)

To be filled in this colour code only

DESCRIPTION

GST Amount in Rs.

Ground Portable Radio Set, Scope is as per the Annexure-1

Prices are in Rs. (INR)

Sum of A + B + C shall be equal to 1.

Activity

Whether the firm is registered with SLRDC / Helicopter Division / Any other division of HAL/Any other DPSU.

Whether you are a MSE vendor and provided required documents - Udyam Portal Registration Certificate

Whether MSE is owned by SC(Schedule caste)/ST(Schedule tribe)entrepreneur.

Whether MSE is owned by women entrepreneur.

Whether delivery lead time agreed as per HAL requirement

Whether validity of the offer indicated as per RFQ.

Warranty: Whether warranty indicated in offer as per RFQ.

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

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

Indian vendors: Whether delivery terms are "FOR HAL".

Please confirm whether Enclosure 2A & 2B:Formats for Integrity Pact is submitted as per RFQ

Security Deposit: Whether Security Deposit clause is complied as per RFQ.

Whether Technical Compliance / Technical Bid has been submitted without indicating any prices (else the offer will be disqualified)

Whether Vendor has declared Import Content

Please confirm whether Self Certification Letter and Auditor Certificate as per Appendix-B indicating minimum local content (MLC) for Purchase Preference is submitted as per RFQ

Please confirm whether Annexure-IIA & AnnexureIIC (Declaration Certificate for Bidder sharing Land Border with India) is submitted as per RFQ

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