MOULDING MATERIAL AG-4C

COMPLIANCE MATRIX TENDER No: HBS/25UD-1012/2-47

VENDOR ADDRESS COMPLIED

CONTACT PERSON NAME NOT COMPLIED

CONTACT NO.: NOT APPLICABLE

VENDORS NEED TO COMPLY CONFIRMATION OF COMPLIANCE FROM DROP DOWN COMPLIANCE/NOT COMPLIED/NOT APPLICABLE

Clauses of General Terms & Conditions COMPLIANCE/NOT COMPLIED/NOT APPLICABLE Remarks

1) Bidders are free to download the Tender Documents from HAL Website as per the instructions indicated there in. Please note that offer submitted by HAL blacklisted vendors shall be rejected outright.

2) Quotations from financially sound bidders, who are manufacturers of the tendered items and have to their credit rich experience and established quality assurance and testing facilities for the supply of items. The following documents needs to be submitted by the bidder along with the technical bid to ascertain the financial soundness and capability of the bidder.

a. Constitution and legal status

b. Registration with HAL / other PSU / Government Organisation (if any)

c. Copy of PAN/GIR No. Registration Certificate issued by Income Tax Authority.

d. Certificate of TIN No.

e. Income Tax Returns for last three years.

f. Annual Turnover for last three years.

g. Plant & Machinery details for the work.

h. Order on hand.

i. Solvency certificate

j. Overdraft facilities (if any)

k. Balance sheet for last three years.

l. GST Registration certificate.

m. Profit and loss statement for last 03 years.

3) ANNEXRUE-1 E-Tender Terms & Conditions

4) ANNEXURE-2 EPS Mandate Form

5) ANNEXURE-3 - Declaration Format

6) ANNEXURE-4 Vendor details

7) ANNEXURE-5 Compliance Matrix

9) ANNEXURE-I Restriction clause

11) Technical Bid – to be uploaded duly filled in

TENDER DUE DATE: The due date and time for submission of quote is as specified in tender notification. The tender should be submitted strictly online through HAL e-portal (https://eproc.hal-india.co.in) only on or before the due date and time.

Tenderers should verify the completeness of tender documents after downloading and H.A.L. shall not be responsible in case of problems encountered by tenderers for downloading / uploading the tender documents. Please confirm acceptance of the above conditions in your offer.

12) OPENING OF TENDER: a) Tender will be opened on the date and time specified through HAL e-portal only. b) Bidders may witness the tender opening online by logging into HAL e-portal.

13) Tender Evaluation:

a) The tender will be evaluated on line item basis.

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

c) Bid received in different currency will be converted to Indian Rupees. The TT selling rate for foreign currency exchange rate for conversion will be adopted as per the State Bank of India, Sunabeda Branch in India as on date of tender opening.

d) 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.

e) If the lowest bidder has not offered full quantity, for the balance quantity HAL reserves the right to source from other bidders on L1 price.

f) Conditional discounts/offer will not be considered in evaluation of tender.

g) The criteria for awarding is based on lowest technically acceptable offer among the others for a specified tender after preparing a commercial evaluation in consideration with "FOR basis (Freight), Taxes, and basic Custom duties (in case of Foreign)". If the offer received with any deviation to HAL standard terms & conditions as stated here; then, commercial evaluation will be made after loading various parameters e.g If supplier is insisted for advance/ document through bank against our standard payment (100% after acceptance at our works) then, commercial evaluation will be made after loading of interest charges for holding the amount for a given period/ bank commission charges against document through bank payment. Thereafter commercially lowest offer is considered. This is for fair open and uniform purchase practices followed to develop healthy & long term business relationship with suppliers with transparency.

14) HAL reserves the right to order quantity less than that indicated in the Tender / quoted for by you at the quoted price without assigning any reason thereof.

15) Documents submitted should be clearly legible and in readable format.

15) The quotation should be firm & fixed and valid till 180 days from the closing date of the tender.

16) Please indicate approximate net weight of each of the item and gross weight and dimension of the packages. Packing should be in seaworthy /airworthy/ roadworthy wooden boxes to avoid damages during transportation by sea (in case of overseas supplier) as well as by road. Phytosanitary certificate for packing materials, if required, to be provided by the supplier. Also please indicate the source of manufacture and country of origin.

17) PAYMENT TERMS: In the event of an order, 100% payment through RTGS/CORE/NEFT shall be made within 30 days after receipt, inspection and acceptance at HAL works. Bank charges (if any) to supplier's account. If you have not furnished your complete Bank details in the attached for EPS duly certified and countersigned by your Bankers, please submit attached for EPS form in original at the earliest.

18) DELIVERY AND LIQUIDATED DAMAGES FOR DELAY IN DELIVERY

Development period will not be more than 06 months from the date of Order placement.

i) In the event of an order, HAL reserve the right to collect a sum of 0.5% per week (on the basic cost only excluding taxes and duties, if such details are furnished separately in the bid submitted) of delay or part thereof, subject to a maximum of 10% as HAL’s claim towards liquidated damages on the undelivered part of the order.

ii) In case, quotes received without indicating the break up details of Tax and duties etc. and orders placed subsequently on the composite value (without indicating breakup details of taxes & duties) then the LD shall be deducted on the composite value (including taxes and duties) of the delayed deliveries.

Note: In case of any Supplier not agreeing for LD clause, the maximum LD amount (i.e. 10% of the basic order value)/ to the extent not agreed LD value, shall be loaded in the Comparative Statement (i.e. during Comparison of Price of Offers), to determine the successful bidder. Hence, you are requested to confirm acceptance of our Standard Liquidated Damages clause in whole.

19) QUALITY & WORKMANSHIP: The Stores/ Goods supplied shall conform to the standards as 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. The stores shall be of the International Standard quality and workmanship incorporating latest technology and standards relevant to the industry. Bidder shall comply with the conditions of the tender and these Terms & Conditions. The proposal to supply shall be deemed to be an admission on Bidder’s part that he has fully acquainted himself with details and no claim on his part, which may arise on account of non-examination or insufficient examination of the conditions of the tender and these Terms & Conditions, will, in any circumstances, be considered. Vendors while submitting the proposal should categorically declare that items quoted by them are their own manufactured products and not resold (2nd sale). Offers without such declaration are likely to be ignored.

20) INSPECTION, CONSEQUENCES OF REJECTION: The goods on receipt in HAL will be subject to inspection and tests and HAL inspector’s decision as regards acceptance/rejection of goods, in part or full, shall be final and binding on the parties. If any stores are rejected, HAL shall be at liberty to:

a) Now 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,

b) 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,

c) 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,

d) 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.

e) 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:

Refund the amount paid and collect the item for replacement. Submit a Bank Guarantee for the amount already paid and collect the item for replacement. Bring the replacement item to HAL and collect the rejected item.

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

22) COUNTER TERMS & CONDITIONS:

Conditional Offers will not be accepted.

When counter terms & conditions of the business are offered by the bidder, HAL shall not be deemed to be governed by such terms & conditions unless written acceptance thereof has been given by HAL. No conditions & terms, notice of which has not been given in the tender by bidders submitting quotations will be considered by HAL, if put forward in subsequent correspondence and after placement of order.

23. REPEAT ORDER: (if appicable) HAL may, at its discretion, consider for placement of repeat order up to 100% of the original order within 12 months from the date of completion of the original order. The prices and the terms & conditions shall be same as the original order. However, statutory levies like taxes and duties shall be as applicable at the time of repeat order.

25) EXIT CRITERIA:

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

(a) In the event of unsatisfactory performance by the Seller during the contract period, or any of the information provided by the Seller is found to be untrue, or seller is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with 1 month's advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a seller is engaged in unethical practices, they shall be barred from participating in the future contracts for a period of 5 years.

(b) If there is change in the Customer requirement, contract / order shall be terminated with 1 month's advance notice. The liability of HAL in this case will be agreed mutually.

(c) The supplier is declared bankrupt or becomes insolvent.

(d) The delivery of material is delayed due to causes of Force Majeure by more than 6months.

(e) Based on the decision of the Arbitration Tribunal.

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

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

b) Transfer title and deliver all or any part thereof of the supplies, materials, work-in-process, finished products, Tooling, drawings and data produced or acquired by vendor specifically for the Product being terminated.

c) Supplier shall ensure supply of products and its components /spares at least for a minimum period of 10 years from the date of such termination.

26) FALL CLAUSE:

The price quoted shall be in no event exceed the lowest price at which you sell the stores or offer to sell stores of identical description to any person(s) / organization including the purchases by any department of the Govt. of India, the State Govt. or any statutory undertaking of the Govt. of India / State Govt., as the case may be during the period till the completion of the performance of the order placed and during currency of the order. Incase you have entered into Rate Contract with DGS&D, please quote Rate Contract reference and send a copy of the same along with your quotation. If at any time during the said period, the Seller reduces the sales price, sells or offer to sell such stores to any person(s) organization including the purchaser or any department of Govt. of India or State Govt. and any statutory undertaking of the Govt. of India / State Govt. as the case may be, at a price lower than the price chargeable in the order, Seller shall fore with notify such reduction / sales or offer to sale to Hindustan Aeronautics Ltd., and the price payable in the order for the stores supplies after date of coming into force such reduction or sale or offer to sale shall stand correspondingly reduced.

27) JURISDICTION

The Court at Jeypore / Koraput of Odisha, India only shall have jurisdiction to deal with and decide any legal matter whatsoever arising out of this contract.

28) ARBITRATION

All disputes or differences whatsoever arising between the parties out of or relating to the construction meaning and operating or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of arbitration of the ICA/ICADR and the award made in pursuance thereof shall be binding on the parties.

29) INVOLVEMENT OF ANY AGENTS AND MIDDLEMEN:

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

30) 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.

31) Please quote our GST registration number in all invoices raised for supply of goods and services under GST regime and also ensure filing of timely returns and payment of taxes and compliance of other applicable provisions on supplies under GST regime.

32) In the event of any disallowances of input credit or applicability of interest or any other financial liabilities on HAL, Koraput Division due to any default of supplier under GST, such implication shall be to supplier’s account.

33) Compliance to Section 171 – Anti-Profiteering Measure (GST ACT) i.e any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on the recipient by way of commensurate reduction in prices.Hence, vendors shall inform the reduced rate of the outstanding supplies so as to ensure the compliance of Section 171 – Anti-Profiteering Measure (GST ACT).

34) Vendors must ensure compliance of all the applicable rules and procedure as envisaged in the GST regime. Any loss to HAL, Koraput Division due to fault/non –compliance of GST provisions by vendor will be to the vendor’s account.

35) FORCE MAJEURE: : Neither party will be liable to the other for any act done or prevented from so doing by virtue of the occurrence of force majeure conditions such as war, general mobilization of troops, strikes, lockouts in factories, fire, earthquakes & floods, embargoes or stoppage of deliveries by Government, refusal or non-receipt of import licence for raw material from supplier

36) COUNTERFEIT PARTS:

Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order/contract are “counterfeit parts” and certifies, to the best of its knowledge and belief that no such parts have been or are being furnished to Buyer by Seller. “Counterfeit parts” are parts that may be of new manufacture, but are misleadingly labelled to provide the impression they are of a different class or quality or from a different source than is actually the case.

They also include refurbished parts, complete with false labelling, that are represented as new parts or any parts that are designated as counterfeit by any Government/Authority under control, and If Buyer reasonably determines that Seller has supplied counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the counterfeit parts with parts acceptable to Buyer.

Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer to remove and replace the counterfeit parts, including without limitation to any loss/ damage in part/full to Aircraft caused due to such counterfeit part and Buyer’s external and internal costs of removing such a counterfeit part, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against counterfeit parts shall survive any termination or expiration of this Purchase Order/Contract. Buyer reserves the right to seize and quarantine any / all counterfeit products it receives from Seller on this Purchase Order/Contract. Counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate authority for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any shipping or third party testing charges incurred by Buyer. Further the Buyer reserves the right to ban the Seller thereafter for such period as deemed appropriate.

37) APPROPRIATION

Whenever any sum of money is recoverable from sum of money payable by the bidder, 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 bidder 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 bidder shall pay to HAL on demand the remaining balance due.

38) IMMUNITY OF GOVERNMENT OF INDIA

It is expressly understood and agreed by and between supplier & purchaser that purchaser is entering into this contact solely on its own behalf and not on behalf any other person or entity. In particular, it is expressly understood and agreed that Government of India is not a party to this contract and has no liabilities, obligations or right hereunder. It is expressly understood and agreed that purchaser is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of India and general principles contract law. Supplier expressly agreed acknowledges and understand that purchaser is not an agent, representative or delegate to the Government of India. It is further agreed and understood that 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, supplier hereby expressly waives releases and foregoes any and all actions, including counterclaims, impleader claims or counter claims against the Government of India arising out of this contract and covenants as to any manner, claim cause or action or this whatsoever arising out of or under this contract.

39) IMPORT CONTENT:

Please indicate the import content price (in FE or Indian Currency as applicable) against each item quoted (part wise/ equipment wise/ item wise). Basic quoted unit price should be equal to import content price plus indigenous content price (e.g: Quoted price is Rs. 100/-, import content price is Rs. 20/- and indigenous content price is Rs. 80/-). Vendors required to provide self-declaration along with your offer stating that "you will declare the same import content at the time of supply, if the Purchase Order placed upon you".

You shall negotiate the documents through your banker immediately after despatch of the items to ensure timely receipt of the documents to HAL. Also you shall forward us the copy of shipping documents by mail / courier within two working days after shipment. Any demurrage charges incurred due to delayed delivery of the documents or error in the documents shall be to your account.

41) RESPONSE/ REGRET

Please send your Regret Reply by email to [email protected] or fax to +91-6853-220401 / 222292 in case the subject item is not covered in your range of products or you are not willing to submit proposal.

42) APPLICABLE LAW:

This contract shall be governed by and subject to and interpreted and construed in accordance with the Laws of Republic of India, as may be in force from time to time.

The bidder shall at all times indemnify HAL against all claims which may be made in respect of the stores for infringement of any right protected by patent, registration of design or trade mark.

44) BRIBES AND GIFTS

The buyer requires that the Bidders/Suppliers under this contract, observe the highest standard of ethics during the procurement and execution of this contract in pursuance of this policy the Buyer.

a. Defines, for the purpose of these provisions, the items set forth below as follows.

i) “Corrupt Practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

ii) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Buyer, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid process at artificial non-competitive levels and to deprive the Buyer of the benefits of free and open competition.

b. Will reject a proposal for placement of order if he determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.

c. Will declare a Bidder in-eligible, either indefinitely or for a stated period of time to be awarded a contract/contracts if he at any time determines that the Bidder has engaged in corrupt and fraudulent practices in competing for, or in executing, the contract.

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

45) CANCELLATION OF THE CONTRACT IN PART OR IN FULL

If the Contractor, in the opinion of H.A.L., fails or neglects to comply with any of the terms or conditions of the contract or with any order issued thereunder, then in such a case H.A.L. shall, without prejudice to any other right or remedies under this Contract, have the right and be entitled to cancel the contract by giving fourteen days’ notice in writing to the Contractor, without being liable to pay any compensation for such cancellation. The contractor, however, will be entitled to be paid at contract rates, after deduction of any amount due to the Government, for the work already completed, which, in the opinion of H.A.L., is in accordance with the terms of the contracts. In the event of cancellation of the contract in the circumstances aforesaid, the Contractor shall, on demand by H.A.L. or the authorized representative thereof, hand over immediately to H.A.L. or the authorized representative, all H.A.L. stores/components in the possession or custody of the Contractor without waiting for the payment or even settlement of any claim already made or intended to be made by the Contractor.

46) OTHER CONDITIONS

The applicable purchase preference to public sector enterprises/ price preference to SSI Units registered with NSIC as per the guidelines circulated by Govt. of India shall be extended.

HAL does not bind itself to accept the submitted tender and reserve the right to itself of accepting or rejecting the whole or any part of the tender or the quantity offered in full or in part without assigning any reason thereof. HAL further reserves the right to cancel the whole tender process without assigning any reason thereof.

47) The Bidder shall be responsible to bear all taxes, levies, duties or imposts arising in his country and payable directly or indirectly in respect of goods ordered on him and shall bear all cost of stamping, painting, marking, port fees, etc., as payable on the port of embarkation.

48) Where the Government of the Bidders’ country exempts goods in export from any or all of such taxes, levies, duties or imports the Bidder shall charge the purchase prices, which are exclusive of and free from such taxes, levies, duties or imports.

49) Where any stores the subject of an order are, on exportation subject to a customs draw back in respect of duty paid on the stores or on materials used in the manufacture of the stores, the prices to be charged to the purchaser shall be the net prices after the amount of such duty drawback is deducted.

50) Export License:

Foreign Vendors should categorically confirm the availability of export license from their government for exporting the system. Vendor shall be required to obtain and maintain all Export/Import licences and permits etc., as the case may be, required for performing supplies against this tender. Obtaining export licence shall be entire responsibility of the vendor.

51) INTELLECTUAL PROPRIETARY RIGHTS (IPR)

Part - A: IPR Clause for Development Activities taken up at the behest of HAL: a) Seller agrees that HAL shall be the sole owner of all Intellectual Property (lP) generated in the performance of this Contract by or on behalf of Seller with the aid of either funding and/or technical inputs from HAL (hereinafter referred to as 'Foreground IP'). If applicable and to the extent that Seller sub-contracts performance of any part of the Contract, the Seller shall ensure that any Foreground IP arising from such work of its sub- contractor/s shall be assigned to HAL absolutely. Seller hereby assigns and agrees to assign all rights and interest in the Foreground IP to HAL. Seller shall share with HAL, all documentation necessary for HAL to exercise its rights to Foreground IP. If required by HAL, Seller shall assist HAL in registering the Foreground IP in favour of HAL. b) Seller grants to HAL an irrevocable, non-exclusive, world-wide, royalty-free license to sell, offer for sale, use, execute, release, disclose, and distribute the developed Supplies/Services/Products, which may contain Background IP. Background IP shall mean and include all pre-existing inventions and IP necessary for HAL to exercise its rights to Foreground IP. c) Seller shall indemnify and protect at its own cost, HAL in respect of cost/claims/ liabilities (including attorney's fees and associated costs of legal proceedings) arising from any violation of Intellectual Property Rights of any third party with respect to Supplies/Services provided by Seller. If HAL or HAL's customer/s are unable to put to use the Supplies/Services or a portion thereof as a result of violation of the Intellectual Property of any third party, Seller shall within reasonable time at Seller's own cost either, (i) procure for HAL and HAL's Customer/s the right to continue using the Supply/Service or, (ii) replace or modify the Supplies/Services so that it becomes non- infringing or, (iii) compensate HAL the amount equivalent to the cost of supplies procured/ to be procured, development cost already paid to seller and damages suffered by HAL arising due to inability to put to use the supplies/ services or a portion thereof. d) In case the supplier receives a requirement / request for supply or repair of deliverables of this contract directly from any third party including HAL's customers, such request shall be forwarded to HAL. Intellectual Property for the purpose of this clause includes inventions, discoveries and improvements; know-how, works of authorship, technical data, drawings, 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.

Part - B: IPR Clause for indemnification of HAL in case of Infringement of Third Party IPR: a) HAL shall have the right to use the Supplies/Services procured under the contract that may contain any Intellectual Property/ Intellectual Property Rights. Seller 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 Seller. If HAL or HAL's customer/s are unable to put to use the Supplies/Services or a portion thereof as a result of violation of the Intellectual Property of any third party, Seller shall within reasonable time at Seller's own cost either, (i) procure for HAL and HAL's Customer/s the right to continue using the Supply/Service or, (ii) replace or modify the Supplies/Services so that it becomes non-infringing or, (iii) compensate HAL the amount equivalent to the cost of supplies procured/ to be procured, development cost already paid to seller and damages suffered by HAL arising due to inability to put to use the supplies/ services or a portion thereof. 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.

52) OPENING OF TENDER:

a) Tender will be opened on the date and time specified through HAL e-portal only.

b) Bidders may witness the tender opening online by logging into HAL e-portal.

53) ACKNOWLEDGEMENT:

It is requested to forward us the acknowledgement of receipt of this tender by return fax (+91-6853-220401/222292) or e-mail ([email protected] . If you are not submitting your offer, please submit the regret letter by email/fax. Please note that in case of no response from your side, we shall not be able to forward you any tender enquiry for such items in future.

54) It is requested to forward us the acknowledgement of receipt of this tender enquiry by by return fax (+91-6853-220401/222292) or e-mail ([email protected]). If you are not submitting your offer, please submit the regret letter by email/fax. Please note that in case of no response from your side, we shall not be able to forward you any tender enquiry for such items in future.

55) All offers are subject to our Conditions of Tender, copy of which is enclosed. Any order, resulting from the tender, shall be governed by these conditions and any party quoting against this tender enquiry shall be deemed to have read and understood these terms and conditions and to have quoted subject to these terms and conditions. HAL reserves the right to accept or reject any or all the Tenders at its discretion.

56) Canvassing in any manner, including unsolicited letters after submission of Tenders, or post tenders corrections shall render offers liable for rejection.

57) All correspondence/communication shall be in English language and should invariably specify the Tender No. and Due date.

COMPLIANCE MATRIX TENDER No: HBS/25UD-1012/2-47

VENDOR ADDRESS COMPLIED

CONTACT PERSON NAME NOT COMPLIED

CONTACT NO.: NOT APPLICABLE

VENDORS NEED TO COMPLY CONFIRMATION OF COMPLIANCE FROM DROP DOWN COMPLIANCE/NOT COMPLIED/NOT APPLICABLE

Clauses of General Terms & Conditions COMPLIANCE/NOT COMPLIED/NOT APPLICABLE Remarks

1) Bidders are free to download the Tender Documents from HAL Website as per the instructions indicated there in. Please note that offer submitted by HAL blacklisted vendors shall be rejected outright.

2) Quotations from financially sound bidders, who are manufacturers of the tendered items and have to their credit rich experience and established quality assurance and testing facilities for the supply of items. The following documents needs to be submitted by the bidder along with the technical bid to ascertain the financial soundness and capability of the bidder.

a. Constitution and legal status

b. Registration with HAL / other PSU / Government Organisation (if any)

c. Copy of PAN/GIR No. Registration Certificate issued by Income Tax Authority.

d. Certificate of TIN No.

e. Income Tax Returns for last three years.

f. Annual Turnover for last three years.

g. Plant & Machinery details for the work.

h. Order on hand.

i. Solvency certificate

j. Overdraft facilities (if any)

k. Balance sheet for last three years.

l. GST Registration certificate.

m. Profit and loss statement for last 03 years.

3) ANNEXRUE-1 E-Tender Terms & Conditions

4) ANNEXURE-2 EPS Mandate Form

5) ANNEXURE-3 - Declaration Format

6) ANNEXURE-4 Vendor details

7) ANNEXURE-5 Compliance Matrix

9) ANNEXURE-I Restriction clause

11) Technical Bid – to be uploaded duly filled in

TENDER DUE DATE: The due date and time for submission of quote is as specified in tender notification. The tender should be submitted strictly online through HAL e-portal (https://eproc.hal-india.co.in) only on or before the due date and time.

Tenderers should verify the completeness of tender documents after downloading and H.A.L. shall not be responsible in case of problems encountered by tenderers for downloading / uploading the tender documents. Please confirm acceptance of the above conditions in your offer.

12) OPENING OF TENDER: a) Tender will be opened on the date and time specified through HAL e-portal only. b) Bidders may witness the tender opening online by logging into HAL e-portal.

13) Tender Evaluation:

a) The tender will be evaluated on line item basis.

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

c) Bid received in different currency will be converted to Indian Rupees. The TT selling rate for foreign currency exchange rate for conversion will be adopted as per the State Bank of India, Sunabeda Branch in India as on date of tender opening.

d) 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.

e) If the lowest bidder has not offered full quantity, for the balance quantity HAL reserves the right to source from other bidders on L1 price.

f) Conditional discounts/offer will not be considered in evaluation of tender.

g) The criteria for awarding is based on lowest technically acceptable offer among the others for a specified tender after preparing a commercial evaluation in consideration with "FOR basis (Freight), Taxes, and basic Custom duties (in case of Foreign)". If the offer received with any deviation to HAL standard terms & conditions as stated here; then, commercial evaluation will be made after loading various parameters e.g If supplier is insisted for advance/ document through bank against our standard payment (100% after acceptance at our works) then, commercial evaluation will be made after loading of interest charges for holding the amount for a given period/ bank commission charges against document through bank payment. Thereafter commercially lowest offer is considered. This is for fair open and uniform purchase practices followed to develop healthy & long term business relationship with suppliers with transparency.

14) HAL reserves the right to order quantity less than that indicated in the Tender / quoted for by you at the quoted price without assigning any reason thereof.

15) Documents submitted should be clearly legible and in readable format.

15) The quotation should be firm & fixed and valid till 180 days from the closing date of the tender.

16) Please indicate approximate net weight of each of the item and gross weight and dimension of the packages. Packing should be in seaworthy /airworthy/ roadworthy wooden boxes to avoid damages during transportation by sea (in case of overseas supplier) as well as by road. Phytosanitary certificate for packing materials, if required, to be provided by the supplier. Also please indicate the source of manufacture and country of origin.

17) PAYMENT TERMS: In the event of an order, 100% payment through RTGS/CORE/NEFT shall be made within 30 days after receipt, inspection and acceptance at HAL works. Bank charges (if any) to supplier's account. If you have not furnished your complete Bank details in the attached for EPS duly certified and countersigned by your Bankers, please submit attached for EPS form in original at the earliest.

18) DELIVERY AND LIQUIDATED DAMAGES FOR DELAY IN DELIVERY

Development period will not be more than 06 months from the date of Order placement.

i) In the event of an order, HAL reserve the right to collect a sum of 0.5% per week (on the basic cost only excluding taxes and duties, if such details are furnished separately in the bid submitted) of delay or part thereof, subject to a maximum of 10% as HAL’s claim towards liquidated damages on the undelivered part of the order.

ii) In case, quotes received without indicating the break up details of Tax and duties etc. and orders placed subsequently on the composite value (without indicating breakup details of taxes & duties) then the LD shall be deducted on the composite value (including taxes and duties) of the delayed deliveries.

Note: In case of any Supplier not agreeing for LD clause, the maximum LD amount (i.e. 10% of the basic order value)/ to the extent not agreed LD value, shall be loaded in the Comparative Statement (i.e. during Comparison of Price of Offers), to determine the successful bidder. Hence, you are requested to confirm acceptance of our Standard Liquidated Damages clause in whole.

19) QUALITY & WORKMANSHIP: The Stores/ Goods supplied shall conform to the standards as 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. The stores shall be of the International Standard quality and workmanship incorporating latest technology and standards relevant to the industry. Bidder shall comply with the conditions of the tender and these Terms & Conditions. The proposal to supply shall be deemed to be an admission on Bidder’s part that he has fully acquainted himself with details and no claim on his part, which may arise on account of non-examination or insufficient examination of the conditions of the tender and these Terms & Conditions, will, in any circumstances, be considered. Vendors while submitting the proposal should categorically declare that items quoted by them are their own manufactured products and not resold (2nd sale). Offers without such declaration are likely to be ignored.

20) INSPECTION, CONSEQUENCES OF REJECTION: The goods on receipt in HAL will be subject to inspection and tests and HAL inspector’s decision as regards acceptance/rejection of goods, in part or full, shall be final and binding on the parties. If any stores are rejected, HAL shall be at liberty to:

a) Now 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,

b) 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,

c) 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,

d) 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.

e) 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:

Refund the amount paid and collect the item for replacement. Submit a Bank Guarantee for the amount already paid and collect the item for replacement. Bring the replacement item to HAL and collect the rejected item.

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

22) COUNTER TERMS & CONDITIONS:

Conditional Offers will not be accepted.

When counter terms & conditions of the business are offered by the bidder, HAL shall not be deemed to be governed by such terms & conditions unless written acceptance thereof has been given by HAL. No conditions & terms, notice of which has not been given in the tender by bidders submitting quotations will be considered by HAL, if put forward in subsequent correspondence and after placement of order.

23. REPEAT ORDER: (if appicable) HAL may, at its discretion, consider for placement of repeat order up to 100% of the original order within 12 months from the date of completion of the original order. The prices and the terms & conditions shall be same as the original order. However, statutory levies like taxes and duties shall be as applicable at the time of repeat order.

25) EXIT CRITERIA:

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

(a) In the event of unsatisfactory performance by the Seller during the contract period, or any of the information provided by the Seller is found to be untrue, or seller is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with 1 month's advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a seller is engaged in unethical practices, they shall be barred from participating in the future contracts for a period of 5 years.

(b) If there is change in the Customer requirement, contract / order shall be terminated with 1 month's advance notice. The liability of HAL in this case will be agreed mutually.

(c) The supplier is declared bankrupt or becomes insolvent.

(d) The delivery of material is delayed due to causes of Force Majeure by more than 6months.

(e) Based on the decision of the Arbitration Tribunal.

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

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

b) Transfer title and deliver all or any part thereof of the supplies, materials, work-in-process, finished products, Tooling, drawings and data produced or acquired by vendor specifically for the Product being terminated.

c) Supplier shall ensure supply of products and its components /spares at least for a minimum period of 10 years from the date of such termination.

26) FALL CLAUSE:

The price quoted shall be in no event exceed the lowest price at which you sell the stores or offer to sell stores of identical description to any person(s) / organization including the purchases by any department of the Govt. of India, the State Govt. or any statutory undertaking of the Govt. of India / State Govt., as the case may be during the period till the completion of the performance of the order placed and during currency of the order. Incase you have entered into Rate Contract with DGS&D, please quote Rate Contract reference and send a copy of the same along with your quotation. If at any time during the said period, the Seller reduces the sales price, sells or offer to sell such stores to any person(s) organization including the purchaser or any department of Govt. of India or State Govt. and any statutory undertaking of the Govt. of India / State Govt. as the case may be, at a price lower than the price chargeable in the order, Seller shall fore with notify such reduction / sales or offer to sale to Hindustan Aeronautics Ltd., and the price payable in the order for the stores supplies after date of coming into force such reduction or sale or offer to sale shall stand correspondingly reduced.

27) JURISDICTION

The Court at Jeypore / Koraput of Odisha, India only shall have jurisdiction to deal with and decide any legal matter whatsoever arising out of this contract.

28) ARBITRATION

All disputes or differences whatsoever arising between the parties out of or relating to the construction meaning and operating or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of arbitration of the ICA/ICADR and the award made in pursuance thereof shall be binding on the parties.

29) INVOLVEMENT OF ANY AGENTS AND MIDDLEMEN:

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

30) 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.

31) Please quote our GST registration number in all invoices raised for supply of goods and services under GST regime and also ensure filing of timely returns and payment of taxes and compliance of other applicable provisions on supplies under GST regime.

32) In the event of any disallowances of input credit or applicability of interest or any other financial liabilities on HAL, Koraput Division due to any default of supplier under GST, such implication shall be to supplier’s account.

33) Compliance to Section 171 – Anti-Profiteering Measure (GST ACT) i.e any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on the recipient by way of commensurate reduction in prices.Hence, vendors shall inform the reduced rate of the outstanding supplies so as to ensure the compliance of Section 171 – Anti-Profiteering Measure (GST ACT).

34) Vendors must ensure compliance of all the applicable rules and procedure as envisaged in the GST regime. Any loss to HAL, Koraput Division due to fault/non –compliance of GST provisions by vendor will be to the vendor’s account.

35) FORCE MAJEURE: : Neither party will be liable to the other for any act done or prevented from so doing by virtue of the occurrence of force majeure conditions such as war, general mobilization of troops, strikes, lockouts in factories, fire, earthquakes & floods, embargoes or stoppage of deliveries by Government, refusal or non-receipt of import licence for raw material from supplier

36) COUNTERFEIT PARTS:

Seller represents and warrants that it has policies and procedures in place to ensure that none of the supplies or materials furnished under this Purchase Order/contract are “counterfeit parts” and certifies, to the best of its knowledge and belief that no such parts have been or are being furnished to Buyer by Seller. “Counterfeit parts” are parts that may be of new manufacture, but are misleadingly labelled to provide the impression they are of a different class or quality or from a different source than is actually the case.

They also include refurbished parts, complete with false labelling, that are represented as new parts or any parts that are designated as counterfeit by any Government/Authority under control, and If Buyer reasonably determines that Seller has supplied counterfeit parts to Buyer, Buyer shall promptly notify Seller and Seller shall immediately replace the counterfeit parts with parts acceptable to Buyer.

Notwithstanding any other provision contained herein, Seller shall be liable for all costs incurred by Buyer to remove and replace the counterfeit parts, including without limitation to any loss/ damage in part/full to Aircraft caused due to such counterfeit part and Buyer’s external and internal costs of removing such a counterfeit part, of reinserting replacement parts and of any testing necessitated by the reinstallation of Seller’s goods after counterfeit parts have been exchanged. In addition, Buyer may unilaterally terminate this order for Convenience depending on the impact of the delivery of Counterfeit parts on the Seller’s overall performance on this order. Seller’s warranty against counterfeit parts shall survive any termination or expiration of this Purchase Order/Contract. Buyer reserves the right to seize and quarantine any / all counterfeit products it receives from Seller on this Purchase Order/Contract. Counterfeit products may be forwarded to the Original Component Manufacturer and / or the appropriate authority for final analysis, possible confiscation and / or destruction. If products furnished by the Seller are determined to in fact be counterfeit, Seller agrees to reimburse Buyer on the full purchase price paid as well as any shipping or third party testing charges incurred by Buyer. Further the Buyer reserves the right to ban the Seller thereafter for such period as deemed appropriate.

37) APPROPRIATION

Whenever any sum of money is recoverable from sum of money payable by the bidder, 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 bidder 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 bidder shall pay to HAL on demand the remaining balance due.

38) IMMUNITY OF GOVERNMENT OF INDIA

It is expressly understood and agreed by and between supplier & purchaser that purchaser is entering into this contact solely on its own behalf and not on behalf any other person or entity. In particular, it is expressly understood and agreed that Government of India is not a party to this contract and has no liabilities, obligations or right hereunder. It is expressly understood and agreed that purchaser is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of India and general principles contract law. Supplier expressly agreed acknowledges and understand that purchaser is not an agent, representative or delegate to the Government of India. It is further agreed and understood that 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, supplier hereby expressly waives releases and foregoes any and all actions, including counterclaims, impleader claims or counter claims against the Government of India arising out of this contract and covenants as to any manner, claim cause or action or this whatsoever arising out of or under this contract.

39) IMPORT CONTENT:

Please indicate the import content price (in FE or Indian Currency as applicable) against each item quoted (part wise/ equipment wise/ item wise). Basic quoted unit price should be equal to import content price plus indigenous content price (e.g: Quoted price is Rs. 100/-, import content price is Rs. 20/- and indigenous content price is Rs. 80/-). Vendors required to provide self-declaration along with your offer stating that "you will declare the same import content at the time of supply, if the Purchase Order placed upon you".

You shall negotiate the documents through your banker immediately after despatch of the items to ensure timely receipt of the documents to HAL. Also you shall forward us the copy of shipping documents by mail / courier within two working days after shipment. Any demurrage charges incurred due to delayed delivery of the documents or error in the documents shall be to your account.

41) RESPONSE/ REGRET

Please send your Regret Reply by email to [email protected] or fax to +91-6853-220401 / 222292 in case the subject item is not covered in your range of products or you are not willing to submit proposal.

42) APPLICABLE LAW:

This contract shall be governed by and subject to and interpreted and construed in accordance with the Laws of Republic of India, as may be in force from time to time.

The bidder shall at all times indemnify HAL against all claims which may be made in respect of the stores for infringement of any right protected by patent, registration of design or trade mark.

44) BRIBES AND GIFTS

The buyer requires that the Bidders/Suppliers under this contract, observe the highest standard of ethics during the procurement and execution of this contract in pursuance of this policy the Buyer.

a. Defines, for the purpose of these provisions, the items set forth below as follows.

i) “Corrupt Practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

ii) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Buyer, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid process at artificial non-competitive levels and to deprive the Buyer of the benefits of free and open competition.

b. Will reject a proposal for placement of order if he determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.

c. Will declare a Bidder in-eligible, either indefinitely or for a stated period of time to be awarded a contract/contracts if he at any time determines that the Bidder has engaged in corrupt and fraudulent practices in competing for, or in executing, the contract.

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

45) CANCELLATION OF THE CONTRACT IN PART OR IN FULL

If the Contractor, in the opinion of H.A.L., fails or neglects to comply with any of the terms or conditions of the contract or with any order issued thereunder, then in such a case H.A.L. shall, without prejudice to any other right or remedies under this Contract, have the right and be entitled to cancel the contract by giving fourteen days’ notice in writing to the Contractor, without being liable to pay any compensation for such cancellation. The contractor, however, will be entitled to be paid at contract rates, after deduction of any amount due to the Government, for the work already completed, which, in the opinion of H.A.L., is in accordance with the terms of the contracts. In the event of cancellation of the contract in the circumstances aforesaid, the Contractor shall, on demand by H.A.L. or the authorized representative thereof, hand over immediately to H.A.L. or the authorized representative, all H.A.L. stores/components in the possession or custody of the Contractor without waiting for the payment or even settlement of any claim already made or intended to be made by the Contractor.

46) OTHER CONDITIONS

The applicable purchase preference to public sector enterprises/ price preference to SSI Units registered with NSIC as per the guidelines circulated by Govt. of India shall be extended.

HAL does not bind itself to accept the submitted tender and reserve the right to itself of accepting or rejecting the whole or any part of the tender or the quantity offered in full or in part without assigning any reason thereof. HAL further reserves the right to cancel the whole tender process without assigning any reason thereof.

47) The Bidder shall be responsible to bear all taxes, levies, duties or imposts arising in his country and payable directly or indirectly in respect of goods ordered on him and shall bear all cost of stamping, painting, marking, port fees, etc., as payable on the port of embarkation.

48) Where the Government of the Bidders’ country exempts goods in export from any or all of such taxes, levies, duties or imports the Bidder shall charge the purchase prices, which are exclusive of and free from such taxes, levies, duties or imports.

49) Where any stores the subject of an order are, on exportation subject to a customs draw back in respect of duty paid on the stores or on materials used in the manufacture of the stores, the prices to be charged to the purchaser shall be the net prices after the amount of such duty drawback is deducted.

50) Export License:

Foreign Vendors should categorically confirm the availability of export license from their government for exporting the system. Vendor shall be required to obtain and maintain all Export/Import licences and permits etc., as the case may be, required for performing supplies against this tender. Obtaining export licence shall be entire responsibility of the vendor.

51) INTELLECTUAL PROPRIETARY RIGHTS (IPR)

Part - A: IPR Clause for Development Activities taken up at the behest of HAL: a) Seller agrees that HAL shall be the sole owner of all Intellectual Property (lP) generated in the performance of this Contract by or on behalf of Seller with the aid of either funding and/or technical inputs from HAL (hereinafter referred to as 'Foreground IP'). If applicable and to the extent that Seller sub-contracts performance of any part of the Contract, the Seller shall ensure that any Foreground IP arising from such work of its sub- contractor/s shall be assigned to HAL absolutely. Seller hereby assigns and agrees to assign all rights and interest in the Foreground IP to HAL. Seller shall share with HAL, all documentation necessary for HAL to exercise its rights to Foreground IP. If required by HAL, Seller shall assist HAL in registering the Foreground IP in favour of HAL. b) Seller grants to HAL an irrevocable, non-exclusive, world-wide, royalty-free license to sell, offer for sale, use, execute, release, disclose, and distribute the developed Supplies/Services/Products, which may contain Background IP. Background IP shall mean and include all pre-existing inventions and IP necessary for HAL to exercise its rights to Foreground IP. c) Seller shall indemnify and protect at its own cost, HAL in respect of cost/claims/ liabilities (including attorney's fees and associated costs of legal proceedings) arising from any violation of Intellectual Property Rights of any third party with respect to Supplies/Services provided by Seller. If HAL or HAL's customer/s are unable to put to use the Supplies/Services or a portion thereof as a result of violation of the Intellectual Property of any third party, Seller shall within reasonable time at Seller's own cost either, (i) procure for HAL and HAL's Customer/s the right to continue using the Supply/Service or, (ii) replace or modify the Supplies/Services so that it becomes non- infringing or, (iii) compensate HAL the amount equivalent to the cost of supplies procured/ to be procured, development cost already paid to seller and damages suffered by HAL arising due to inability to put to use the supplies/ services or a portion thereof. d) In case the supplier receives a requirement / request for supply or repair of deliverables of this contract directly from any third party including HAL's customers, such request shall be forwarded to HAL. Intellectual Property for the purpose of this clause includes inventions, discoveries and improvements; know-how, works of authorship, technical data, drawings, 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.

Part - B: IPR Clause for indemnification of HAL in case of Infringement of Third Party IPR: a) HAL shall have the right to use the Supplies/Services procured under the contract that may contain any Intellectual Property/ Intellectual Property Rights. Seller 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 Seller. If HAL or HAL's customer/s are unable to put to use the Supplies/Services or a portion thereof as a result of violation of the Intellectual Property of any third party, Seller shall within reasonable time at Seller's own cost either, (i) procure for HAL and HAL's Customer/s the right to continue using the Supply/Service or, (ii) replace or modify the Supplies/Services so that it becomes non-infringing or, (iii) compensate HAL the amount equivalent to the cost of supplies procured/ to be procured, development cost already paid to seller and damages suffered by HAL arising due to inability to put to use the supplies/ services or a portion thereof. 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.

52) OPENING OF TENDER:

a) Tender will be opened on the date and time specified through HAL e-portal only.

b) Bidders may witness the tender opening online by logging into HAL e-portal.

53) ACKNOWLEDGEMENT:

It is requested to forward us the acknowledgement of receipt of this tender by return fax (+91-6853-220401/222292) or e-mail ([email protected] . If you are not submitting your offer, please submit the regret letter by email/fax. Please note that in case of no response from your side, we shall not be able to forward you any tender enquiry for such items in future.

54) It is requested to forward us the acknowledgement of receipt of this tender enquiry by by return fax (+91-6853-220401/222292) or e-mail ([email protected]). If you are not submitting your offer, please submit the regret letter by email/fax. Please note that in case of no response from your side, we shall not be able to forward you any tender enquiry for such items in future.

55) All offers are subject to our Conditions of Tender, copy of which is enclosed. Any order, resulting from the tender, shall be governed by these conditions and any party quoting against this tender enquiry shall be deemed to have read and understood these terms and conditions and to have quoted subject to these terms and conditions. HAL reserves the right to accept or reject any or all the Tenders at its discretion.

56) Canvassing in any manner, including unsolicited letters after submission of Tenders, or post tenders corrections shall render offers liable for rejection.

57) All correspondence/communication shall be in English language and should invariably specify the Tender No. and Due date.

“Only Indian vendors can participate in this Tender”

TENDER DETAILS (TECHNICAL BID) YES COMPLIED QUOTED

1 HAL'S GST REGISTRATION NO: 21AAACH3641R1ZJ NO NOT COMPLIED NOT QUOTED

2 Tender No. HBS/25UD-1012/2-47 dated: 11-08-2026 NOT APPLICABLE INCLUSIVE

3 Tender Due Date and Time Date:02-09-2026 Time: 23:00 Hrs. (11:00 PM) BETTER NOT APPLICABLE

4 Tender Type TWO BID SYSTEM

5 Public Procurement (Preference to Make in India), Order 2017 issued by Govt. of India Revised Dt: 04-June-2020 is applicable for this tender. The terms and conditions are attached at APPENDIX-A 1. Public Procurement Policy-(APPENDIX-A TYPE-II) 2. CHECK LIST for Public Preference Policy (ENCLOSURE-I) 3. Format for Affidavit of Self Certification regarding Local Content (ENCLOSURE-II) (NOTE: THE OFFER RECEIVED WITHOUT INDICATING THE PERCENTAGE OF LOCAL CONTENT & WITHOUT SELF-CERTIFICATION WILL NOT BE CONSIDERED & REJECTED. IN CASE OF TWO BID TENDERS, IT IS MANDATORY TO INDICATE COMPLIANCE TO MLC IN TECHNICAL BID ZONE.)

6 Public Procurement- Restrictions Under Rule 144 (xi) of the General Finance Rules (GFRS) , Order 2017 issued by Govt. of India Dt: 23-july-2020 is applicable for this tender. The terms and conditions are attached as follows & to be complied 1. Clause Regarding restrictions (ANNEXURE I ) 2. Declaration Certificate for Procurement of Goods & Services (ANNEXURE II A) 3. Declaration Certificate for works involving possibilityof Sub Contracting (ANNEXURE II B) (NOTE: THE OFFER RECEIVED WITHOUT DECLARATION CERTIFICATE FOR PROCUREMENT OF GOODS & SERVICES and DECLARATION CERTIFICATE FOR WORKS INVOLVING POSSIBILITY OF SUB CONTRACTING WILL NOT BE CONSIDERED & REJECTED)

7 Item Description MOULDING MATERIAL AG-4C

8 No. of Lines 1

NOTE: Please ensure that NO price details are mentioned in any other document except Commercial / Price Bid.

1 Vendor Name M/s.

2 Vendor Address

3 GST ID No:(Mandatorly submit the GST Registration Certificate)

4 PAN No. (Please upload copy compulsorily)

5 Website http://

9 Contact Person with Designation

1 Offer reference No.

“Only Indian vendors can participate in this Tender”

PLEASE FIND THE ATTACHED ANNEXURES IN TENDER DOCUMENTS: 1. ANNEXURE-A Development and future annual quantity requirement 2. ANNEXURE- 6 Non Disclosure Agreement (For Drawings/specifications)

CONFIRMATION TO TECHNICAL SPECIFICATATION

Please choose any of the options "Compliance"/"Non- Confimance" from the drop down menu and enter your comments in the "Remarks" column.

SPARES Details COMPLIANCE / NON- CONFIRMANCE REMARKS

SL NO PART NO DESCRIPTION

1 K611-4011 MOULDING MATERIAL AG-4C

1 PLEASE FORWARD THE SCANNED & SIGNED NDA (NON-DISCLOSURE AGGREMENT) FOR DOWNLOADING DRAWINGS/TECHNICAL SPECIFICATION/QUALIFICATION TEST SCHEDULE FROM SFTP SERVER. FOR ANY CORRESPONCENCE PLEASE CONTACT TRHOUGH EMAIL ID: [email protected]. IF ORDER PLACED, NO HARD COPIES OF DRAWINGS WILL BE PROVIDED. DRAWINGS SHOULD BE KEPT FOR MANUFACTURING. THE ITEM SHOULD BE MADE STRICTLY AS PER DRAWING MAINTAINING ALL THE TECHNICAL CONDITIONS.

2 Minimum Local content desired 40%. (Refer APPENDIX-A & ENCLOSURE-I FOR MLC%). Vendor should comply MLC minimum 40%.

TECHNICAL CONDITIONS

Sl No TECHNICAL TERMS & CONDITIONS ESSENTIAL/ DESIRABLE/ FOR INFORAMATION To Be Confirmed (Yes/No) Remarks

1 PART No:K611-4011 FOR INFORMATION

1.1 MOULDING MATERIAL AG-4C

1.2 SCOPE AT VENDOR'S END (ITEM- ANNEXURE-A) ESSENTIAL

TECHNICAL SPECIFICATION REQUIREMENT: As per the instruction no -UDS/INST/113. Moulding material should meet the above specification requirements.(MANDATORY). YES

2 Vendor should submit the techncal data sheet /NABL test certificate/product catalogue meeting the specification for technical acceptance(MANDATORY). Without submission of any of the above document ,offer shall be rejected technically. ESSENTIAL NO

3 DOCUMENT TO BE SUBMITTED:MATERIAL CoC/Raw Material including the Test certificate FROM NABL APPROVED LAB.(MANDATORY) VENDOR SHOULD SUBMIT THE TECHNICAL DATA SHEET /NABL TEST CERTIFICATE/PRODUCT CATALOGUE MEETING THE SPECIFICATION REQUIREMENT FOR TECHNICAL ACCEPTANCE (MANDATORY).WITHOUT SUBMISSION OF ANY OF THE ABOVE DOCUMENT,OFFER SHALL BE REJECTED TECHNICALLY. VENDOR SHOULD SUBMIT THE TECHNICAL DATA SHEET /NABL TEST CERTIFICATE/PRODUCT CATALOGUE MEETING THE SPECIFICATION REQUIREMENT FOR TECHNICAL ACCEPTANCE (MANDATORY).WITHOUT SUBMISSION OF ANY OF THE ABOVE DOCUMENT,OFFER SHALL BE REJECTED TECHNICALLY. ESSENTIAL

4 Item shall be rejected if it doesnot meet the specification requirement while supply. ITEM SHALL BE REJECTED IF IT DOES NOT MEET THE SPECIFICATION REQUIREMENT WHILE SUPPLY ITEM SHALL BE REJECTED IF IT DOES NOT MEET THE SPECIFICATION REQUIREMENT WHILE SUPPLY ESSENTIAL

5 PACKING: As per the document:UDS/INST/113. ESSENTIAL

6 Initially, development quantity as projected in ANNEXURE-A shall be supplied to us for prove out of the items. After successful prove out of the items, future quantity shall be ordered as per HAL bulk procurement procedure. PACKING: AS PER DOCUMENT NO:UDS/INST/091 PACKING: AS PER DOCUMENT NO:UDS/INST/091 ESSENTIAL

7 The supplier shall replace/rework the item free of cost, in case of any unsatisfactory test/trial result. VENDOR SHOULD SUBMIT THE TECHNICAL DATA SHEET /NABL TEST CERTIFICATE/PRODUCT CATALOGUE MEETING THE SPECIFICATION REQUIREMENT FOR TECHNICAL ACCEPTANCE (MANDATORY).WITHOUT SUBMISSION OF ANY OF THE ABOVE DOCUMENT,OFFER SHALL BE REJECTED TECHNICALLY. VENDOR SHOULD SUBMIT THE TECHNICAL DATA SHEET /NABL TEST CERTIFICATE/PRODUCT CATALOGUE MEETING THE SPECIFICATION REQUIREMENT FOR TECHNICAL ACCEPTANCE (MANDATORY).WITHOUT SUBMISSION OF ANY OF THE ABOVE DOCUMENT,OFFER SHALL BE REJECTED TECHNICALLY. ESSENTIAL

8 The suppliers shall quote unit price for development as well as future order quantity as projected in ANNEXURE-A. L-1 shall be determined based on quoted unit price with escalation if any, plus taxes and other charges as applicable for total requirement projected i.e developmental quantity plus future annual requirement quantity projected. ESSENTIAL

9 Applicable GST, HSN Code shall be clearly indicated in the offers to be submitted by the suppliers. ESSENTIAL

10 The guarantee period of storage period from the date of manufacturing should me mentioned in the certificate and container of the item as per ANNEXURE-A.(MANDATORY). ESSENTIAL

11 Development period will not be more than 06 months from the date of Order placement. ESSENTIAL

12 Minimum Local content desired 40%. Vendor should comply MLC minimum 40%. ESSENTIAL

13 The detail OEM technical specifications will be shared afer signing the NDA to the final order placed Vendor . ESSENTIAL

14 The vendor should submit the data regarding experience of the earlier developed equivalent moulding materials , supplied to the industries list and contact address ot these industriues.(MANDATORY). ESSENTIAL

PLEASE NOTE THAT THIS IS PART OF TECHNICAL BID. DONOT ENTER ANY PRICE, OTHERWISE YOUR OFFER WILL BE SUMMARILY REJECTED. JUST SPECIFY HERE WHETHER YOU HAVE QUOTED FOR THE CORRESPONDING ITEM IN THE PRICE BID OR NOT.

SL NO TERMS AND CONDITIONS (CONFIRMATION IS MANDATORY) To Be Confirmed (Yes/No) Remarks YES

1 PRICE BID - FOR DEVELOPMENTAL QTY

2 PRICE BID - FOR 3 YEARS QUANTITY

1 All technical clarification regarding specification should be obtained before submitting the offer. Upon submission of offer, it is assumed that you have clearly & fully understood our requirement.

2 Please note that no change in the price bid is possible and there is no provision of submitting additional prices of optional items after opening of technical bid in e-procurement system.

3 Please ensure utmost care and caution while entering the data in the Price Bid. No typographical errors will be entertained afterwards.

4 All the prices of all relevant items with complete price breakup should be furnished in the single Excel file only. Separate Excel Sheet in the same file may be used to furnish Price Breakup or other detailed information.

5 In case of Two bid system, Prices should be entered only in the "Price Bid" Excel File. No Price details should be entered in any other uploaded document or Technical Bid. If prices are entered in the Technical Bid or any other document other than "Price Bid" Excel File, then your offer will be commercially rejected for violation of Two-bid system procedure.

6 In case of any additional information, catalogues, brochures, please upload separate documents.

7 In case of any queries, please contact us at +91-6853-221086. Fax no: +91-6853-222292/220401. Email is '[email protected].

8 In case of any assistance required in downloading / uploading tender documents, please contact our helpdesk at +91-80-2566 7000/7001

NON-CONFIRMANCE

NO NON- CONFIRMANCE

TENDER DETAILS (PRICE BID)

1 HAL'S GST REGISTRATION NO: 21AAACH3641R1ZJ YES COMPLIED

2 Tender No. HBS/25UD-1012/2-47 Dated: -11-08-2026 NO NOT COMPLIED

3 Tender Due Date Date: 02-09-2026 Time: 23:00 Hrs. (11:00 PM) NOT APPLICABLE

4 Tender Type E-OPEN TWO BID SYSTEM BETTER

6 Public Procurement (Preference to Make in India), Order 2017 issued by Govt. of India Revised Dt: 04-June-2020 is applicable for this tender. The terms and conditions are attached at APPENDIX-A 1. Public Procurement Policy-(APPENDIX-A TYPE-II) 2. CHECK LIST for Public Preference Policy (ENCLOSURE-I) 3. Format for Affidavit of Self Certification regarding Local Content (ENCLOSURE-II) NOTE: THE OFFER RECEIVED WITHOUT INDICATING THE PERCENTAGE OF LOCAL CONTENT & WITHOUT SELF-CERTIFICATION WILL NOT BE CONSIDERED & REJECTED. IN CASE OF TWO BID TENDERS, IT IS MANDATORY TO INDICATE COMPLIANCE TO MLC IN TECHNICAL BID ZONE.

7 Public Procurement- Restrictions Under Rule 144 (xi) of the General Finance Rules (GFRS) , Order 2017 issued by Govt. of India Dt: 23-july-2020 is applicable for this tender. The terms and conditions are attached as follows & to be complied 1. Clause Regarding restrictions (ANNEXURE I ) 2. Declaration Certificate for Procurement of Goods & Services (ANNEXURE II A) 3. Declaration Certificate for works involving possibilityof Sub Contracting (ANNEXURE II B) NOTE: THE OFFER RECEIVED WITHOUT DECLARATION CERTIFICATE FOR PROCUREMENT OF GOODS & SERVICES and DECLARATION CERTIFICATE FOR WORKS INVOLVING POSSIBILITY OF SUB CONTRACTING WILL NOT BE CONSIDERED & REJECTED

8 Item Description MOULDING MATERIAL AG-4C

Vendor Name M/s.

GST ID No: (Mandatorly submit the GST Registration Certificate)

PAN No. (Please upload copy compulsorily) TIN No. (Please upload copy compulsorily)

Email Website http://

Phone No: Fax No:

Contact Person with Designation (for Technical issues) Mobile No:

Offer Referrence No

PLEASE DON'T CHANGE THE FONT SIZE AND FORMAT. SUPPLIER SHOULD CLEARLY INDICATE THE HSN CODE OF THE ITEM. BIDS RECEIVED WITHOUT HSN CODE MAY BE LIABLE FOR REJECTION

Sl No/ Line no Item Part No / Description & Specification Vendors Specification HSN CODE Unit Of Measurement Quantity Basic Rate per UOM (in figures) Discount on Basic Rate (If any) Packing & Forwarding (%) Freight Charge (%) Insurance (%) GST( %) Total Basic Value (in figures) Total Landed cost including GST and all other charges (in figures) REMARKS

1 K611-4011 Moulding Material AG-4C Kg 5

Sl No/ Line no Item Part No / Description & Specification YEAR Unit Of Measurement Quantity Future Annual Quantity Requirement Basic Rate per UOM (in figures) Discount on Basic Rate (If any) Packing & Forwarding (%) Freight Charge (%) Insurance (%) GST( %) Total Value (in figures) Total Landed cost including GST and all other charges (in figures) REMARKS

1 K611-4011 Moulding Material AG-4C 1stYear Requirement KG 15 1st Year Unit Price in Rs (Price should remain valid for 1st year from the date of prove out)

2nd Year Requirement KG 15 2nd Year Unit Price in Rs (Price should remain valid for 2nd year from the date of prove out)

3rd Year Requirement KG 15 3rd Year Unit Price in Rs (Price should remain valid for 3rd year from the date of prove out)

Sl No Commercial Terms & Conditions Standard Terms & Conditions Please enter your Commercial Terms & Conditions in this column only

1 Price Terms (FOB / Ex-works etc) as per INCOTERM 2010 F.O.R. Destination.

2 Payment terms 100% payment shall be made within 30 days after receipt, inspection and acceptance of the items at HAL works.Bank charges (if any ) to your account. Only E-invoice will be considered as valid invoice ( Ref Rule 48(5) of GST Rule 2017 if turnover of the supplier exceeds Rs 5 Crores ( asper PAN) in any preceding Financial year. In case of non-submission of E-Invoice , kindly provide copy of your balance sheet/ITR of preceding year indicating your turnover as less than 5 Crores.

4 Delivery period Development period will not be more than 06 months from the date of Order placement.

5 Offer Validity 180 days from the tender opening date.

6 Order to be placed on Self / Others If others, then furnish complete address

7 Status of your Firm or Company Defence PSU / Other PSU / SSI / Ancillary Unit / Large Scale Industry / MSME / Agent / Stokist / General Order Supplier (In case SSI registered with NSIC, please submit copy of registration certificate)

8 MSE owned by SC/ST/Women Entrepreneurs Kindly indicate whether you are MSE owned by SC/ST/Women Entrepreneurs. If yes, please submit copy of MSE registration certificate.

9 Any other information Please furnish any other relevant information you want to add which you have not mentioned above.

10 Kindly mention your Organisation/Company GST Number & also attach a copy of GST registration certificate.

11 Electronic Payment System EPS Format is enclosed. Please submit the filled EPS format.

12 UAM NO. UAM Number & also attach a copy of UAM registration certificate.

13 Overall Consignment Details (approx.) i) Mode of Despatch

ii) No. of Packets

iii) Weight of Consignment

TERMS AND CONDITIONS (CONFIRMATION IS MANDATORY)

Sl No TERMS AND CONDITIONS To Be Confirmed (Yes/No) Remarks

1 Public Procurement Policy-(APPENDIX-A TYPE-II)

2 MLC % (ENCLOSURE-A)

3 Format for Affidavit of Self Certification regarding Local Content (ENCLOSURE-B)

4 Clause Regarding restrictions - (ANNEXURE I )

5 Declaration Certificate For Procurement Of Goods & Services ( ANNEXURE II A)

6 Declaration certificate for works involving possibilityof sub contracting ( ANNEXURE II B)

7 GEM SELLER ID (Ref no 6/9/2020-PPD , under Rule-150 of General Financial Rules-2017): It shall be mandatory for sellers to be registered on GeM and to mention the GeM seller ID. In case the total amount of the bid is more than 25 Lakhs (including all taxes etc) and GeM seller ID is not provided then order will not be placed.

8 LIQUIDATED DAMAGES (LD) i) ) In the event of an order, HAL reserve the right to collect a sum of 0.5% per week (on the basic cost only excluding taxes and duties, if such details are furnished separately in the bid submitted) of delay or part thereof, subject to a maximum of 10% as HAL’s claim towards liquidated damages on the undelivered part of the order. ii) In case, quotes received without indicating the break up details of Taxes & duties etc. and orders placed subsequently on the composite value (without indicating breakup details of taxes & duties) then the LD shall be deducted on the composite. NOTE: In case of any Supplier is not agreeing the LD clause, the maximum LD amount(i.e. 10% of the basic order value) / to the extent not agreed LD value, shall be loaded in the Comparative Statement (i.e. during Comparison of Price of Offers), to determine the successful bidder. Hence, you are requested to confirm aceptance of our Standard Liquidated Damages clause in whole.

9 FALL CLAUSE The price quoted shall be in no event exceed the lowest price at which you sell the stores or offer to sell stores of identical description to any person(s) / organization including the purchases by any department of the Govt. of India, the State Govt. or any statutory undertaking of the Govt. of India / State Govt., as the case may be during the period till the completion of the performance of the order placed and during currency of the order. If at any time 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 Dept. of State Govt., or any statutory undertaking of the Central or State Govt., as the case may be at a price lower than the 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.

10 EXIT CRITERIA: i) The contract/order may be terminated under the following circumstances: a) In the event of unsatisfactory performance by the vendor during the contract / order period, or any of the information provided by the supplier is found to be untrue, or supplier is found to have attempted to influence any person involved with the contract / order through unethical means, the contract / order shall be terminated with 1 month's advance notice without any financial implication to HAL. Notwithstanding the foregoing, in cases where it is found that a supplier is engaged in unethical practices, the same shall be barred from participating in the future contracts for a minimum period of 5 years. b) If there is change in the Customer requirement, contract / order shall beterminated with 1 month's advance notice. The liability ofHAL in this case will be agreed mutually. c) The supplier is declared bankrupt or becomes insolvent. d) The delivery of material is delayed due to causes of Force Majeure by more than 6months. e) Based on the decision of the Arbitration Tribunal. ii) In the event of termination of contract / order by either party, the supplier shall ensure the following: a) IPRs aretransferred to HAL to enable HAL to proceed on the workwith other suppliers.Suppliers also will render all assistance till theother suppliers fully take over the balancework. b) Transfer title and deliver all or any part thereof of the supplies,materials, work-in-process, finished products, Tooling, drawings and data produced or acquired by vendor specifically for the Productbeing terminated. c) Supplier shall ensure supply of products and its components /spares at least for a minimum period of 10 years from the date of such termination.

11 JURISDICTION The Court at JEYPORE, ODISHA only shall have jurisdiction to deal with and to decide any legal matter whatsoever arising out of this contract.

12 ARBITRATION All disputes or differences whatsoever arising between the parties out of or relating to the construction meaning and operating or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of arbitration of the ICA/ICADR and the award made in pursuance thereof shall be binding on the parties.

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

14 DECLARATION FOR RELATION WITH HAL: Bidders should declare the relation/ relatives of proprietor/ partner(s)/ Director(s) employed in HAL as per attached format alongwith tender document.

15 Please quote our GST registration number in all invoices raised for supply of goods and services under GST regime and also ensure filing of timely returns and payment of taxes and compliance of other applicable provisions on supplies under GST regime.

16 In the event of any disallowances of input credit or applicability of interest or any other financial liabilities on HAL, Koraput Division due to any default of supplier under GST, such implication shall be to supplier’s account.

17 Compliance to Section 171 – Anti-Profiteering Measure (GST ACT) i.e any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on the recipient by way of commensurate reduction in prices. Hence, vendors shall inform the reduced rate of the outstanding supplies so as to ensure the compliance of Section 171 – Anti-Profiteering Measure (GST ACT).

18 Vendors must ensure compliance of all the applicable rules and procedure as envisaged in the GST regime. Any loss to HAL, Koraput Division due to fault/non –compliance of GST provisions by vendor will be to the vendor’s account.

19 For effecting payment. Original ink signed GST invoice should be submitted. GST will be paid only after verification of GSTR-1 status as submitted(Y) in GST portal against the same invoice.

20 IPR CLAUSE- The Intellectual Property Rights (IPR) will rest with HAL. Vendor will not directly deal with HAL’s customer for these items.

21 NEW TDS PROVISIONS UNDER SECTION 194Q OF INCOME-TAX ACT 1961 Vide CBDT Circular No.13/2021, dated 30/06/2021 TDS is applicable under Sub-section 194Q of the Income -tax Act 1961, with effect from 01.07.2021. Supplier’s confirmation required for 1. Supply of goods to HAL as a whole during the FY:2021-22 exceeding Rs.50 lacs [for deduction of tds u/s.194Q @ 0.1% on above 50lacs] 2. Income tax returns for preceding two years [ie FY:2018-19&2019-20] should have been filed [ if party not filed then deduction of tds u/s.206AB & 206CCA @ 5% higher rate]

1 All technical clarification regarding specification should be obtained before submitting the offer. Upon submission of offer, it is assumed that you have clearly & fully understood our requirement.

2 Please note that no change in the price bid is possible and there is no provision of submitting additional prices of optional items after opening of technical bid in e-procurement system.

3 Please ensure utmost care and caution while entering the data in the Price Bid. No typographical errors will be entertained afterwards.

4 All the prices of all relevant items with complete price breakup should be furnished in the single Excel file only. Separate Excel Sheet in the same file may be used to furnish Price Breakup or other detailed information.

5 In case of any additional information, catalogues, brochures, please upload separate documents.

6 In case of any queries, please contact us at +91-6853-221086. Fax no: +91-6853-220401. Email is [email protected]

7 In case of any assistance required in downloading / uploading tender documents, please contact our helpdesk at +91-80-2566 7000/7001