SUPPLY OF AIRCRAFT STANDARDS UNION NUT AND SLEEVE

TYPE OF BID

NAME OF THE BIDDER/ FIRM:

QUOTATION REF. NO.:

Contact details: Name Contact no./email id

PLEASE REFER TO BELOW MENTIONED ANNEXURES, BIDDERS NEED TO INDICATE THE RESPONSE/ COMPLIANCE IN ANNEXURE-1 & ANNEXURE-2 AND UPLOAD THIS WHOLE EXCEL WORKBOOK AS A PART OF TECHNICAL BID.

INDEX OF DOCUMENTS

Bidders need to fill the response in coloured

AIRCRAFT RESEARCH & DESIGN CENTRE HINDUSTAN AERONAUTICS LIMITED MARATHAHALLI POST BANGALORE- 560 037, KARNATAKA, INDIA

ANNEXURE-1 Technical Bid/ Requirements Compliance

TENDER REF. NO.

DESCRIPTION OF WORK

NAME OF THE BIDDER/ FIRM:

QUOTATION REF. NO.:

CURRENCY in which offer submitted

DELIVERY TERM As per INCO TERMS

Additional Information (if any), may be indicated below

AIRCRAFT RESEARCH & DESIGN CENTRE HINDUSTAN AERONAUTICS LIMITED MARATHAHALLI POST BANGALORE- 560 037, KARNATAKA, INDIA

ANNEXURE-2 Commercial Terms and Conditions Compliance

TENDER REF. NO.

DESCRIPTION OF WORK

NAME OF THE BIDDER/ FIRM:

QUOTATION REF. NO.:

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) If the bidder considers that tendered quantity is small, the bidder may quote for Minimum Ordering Quantity (MOQ). Commercial evaluation in this case will be done on MOQ x unit price, if MOQ offer beyond 20% of RFQ quantity. 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 will not be considered in evaluation of tender. g) PARALLEL ARRANGEMENT: Any Order awarded to the successful bidder as a result of this tender, will be on non-exclusive basis. HAL reserves the right of entering into parallel contract(s)/ release parallel Order(s) with any other firms now or hereafter.

a) Country of Origin: The term “origin” used in this clause means the place from where the Services (and incidental Goods, including subcontracted components) are arranged and delivered, or manufactured. b) Bidder’s country which shares a land border with India: Any bidder from a country, which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority (i.e. the registration committee constituted by the Department for Promotion of Industry and Internal Trader (DPIIT). However, the bidders from those countries (even if sharing a land border with India) to which the Government of India has extended lines of credit or in which the Government of India is engaged in development projects are not required to register with Competent Authority and will be eligible to bid in this tender. Bidder from a country, which shares a land border with India, for the purpose of this Order means:- i) An entity incorporated, established or registered in such a country; or ii) A subsidiary of an entity incorporated, established or registered in such a country; or iii) An entity substantially controlled through entities incorporated, established or registered in such a country; or iv) An entity whose beneficial owner is situated in such a country; or v) An Indian (or other) agent of such an entity; or vi) A natural person who is a citizen of such a country; or vii) A consortium or joint venture where any member of the consortium or joint venture falls under any of the above. Unless otherwise stipulated in the Contract, country of origin of ‘Services’ and related ‘Goods’ under the contract shall have their origin in India or other countries and must conform to the declaration, made by the Vendor in its bid regarding but not limited to any restrictions on certain countries with land-borders with India. The successful bidder shall not be allowed to sub-contract works to any vendor from a country, which shares a land border with India unless such vendor is registered with the Competent Authority All the participating bidders have to mandatorily submit the relevant certificate as per format in this excel workbook as ANNEXURE-II A & ANNEXURE-II C TRANSFER OF TECHNOLOGY (either Type-I or Type-II), at the time of submitting the Technical bid along with their offer.

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

Deliveries quoted should be firm and definite. Indicate the lead time required for delivering the items as per above mentioned delivery term. In the event of an order, HAL reserve the right to claim towards liquidated damages on the undelivered partof the order. This clause will be strictly followed by HAL. Extension of Time: If an extension is desired by the Vendor, then Vendor shall apply for extension of time to HAL at least 15 days prior to the date of delivery without prejudice to the rights of HAL, then HAL may grant extension of time for any cause which HAL may deem proper and the decision of HAL in this respect to be final and binding and cannot be questioned in any manner whatsoever.

In the event that any supply is delivered beyond the agreed schedules, liquidated damages will be payable / deducted from Invoice equal to 0.5% per week or part thereof,subject to a maximum of Ten percent (10%) as our claim towards liquidated damages on the undelivered part of the order/services. The LD amount will be calculated on total Invoice value only excluding GST, provided the vendor has given price break-up i.e. basic price and applicable taxes separately. The LD deducted attracts GST at prevailing rate. This GST amount is deducted from vendors respective payment. Note : In case of bidders not agreeing for LD Clause, the maximum LD amount/ to the extent not agreed LD value, will be loaded in the comparative statement, to determine the successful bidder.

In the event of an order, 100% Payment will be made within 30 days after receipt of supplies, inspection and acceptance at our stores and receipt of Commercial Invoice, Airway Bill/House Airway Bill/ Delivery Challan & Quality documents (like CoC/Type approval/other documents as applicable) Payment will be released thru RTGS/NEFT for INDIAN Vendor & thru SWIFT transfer for FOREIGN Vendors. Please attach your bank account details duly certified by the Bank for NEFT/RTGS/SWIFT payments. Advance payment shall not be entertained.

Indian bidder should quote in Indian Rupees on F.O.R. HAL ARDC basis, inclusive of all charges including transit insurance, GST as applicable should be indicated separately. All the freight elements need to be taken care by the vendor till the delivery at ARDC. Payment will be made in Indian Rupees. The contract prices will be firm and fixed as per contract terms till execution of contract and exclude subsequent claims or price increases of any kind. Delivery conditions like Ex-Works/Ex-Godown/Transportation of material through transport carriers from your works up to the transport carrier's office at Bangalore and taking delivery of Goods by HAL from such transport carrier office are not acceptable to HAL.

The date of delivery stipulated in the Purchase Order shall be deemed to be the essence of the Contract, and delivery must be completed on or by the dates mentioned in the Purchase Order or the tender. Should the contractor fail to deliver the stores or any consignment thereof within the period prescribed for such delivery, HAL shall be entitled at their option:

a) To recover from the Contractor as per liquidated damages, and not by way of penalty, a sum of 0.5% of the price of any stores which the vendor has failed to deliver as aforesaid, for each week or part thereof during which the delivery or such stores may be in arrears subject to a maximum of 10% of the price of the stores in default. OR

b) To purchase elsewhere, without notice to the Contractor on the account and at the risk of the contractor, the stores not delivered or others of a similar description (where other exactly complying with the particulars are not available), HAL's decision in this respect will be final, OR

c) To terminate the contract

In the event of action being taken under para-a & b above, the Contractor shall be liable for any loss which HAL may sustain on the account but the Contractor shall not be entitled to any gain on repurchases made against default.

i) In the event of unsatisfactory performance by the Vendor during the contract period, or any of the information provided by the Vendor is found to be untrue, or Vendor is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with one month's advance notice without any financial implication to Buyer. Not withstanding the foregoing, in cases where it is found that a Vendor is engaged in unethical practices, they shall be barred from participating in the future contracts for a period of 3 years. ii). If there is change in Buyer requirement, contract shall be terminated with 3 months advance notice. The liability of Buyer in this case will be agreed mutually. In the event of termination of contract by either party the Vendor shall ensure the following:a) IPR's are transferred to Buyer to enable Buyer to proceed on the work with other Vendor. Vendor also will render all assistance till the other Vendor fully take over the balance work.b) Transfer title and deliver all or any part thereof of the supplies, materials, work-in-progress, finished Products, Tooling, drawings and data produced or acquired by Vendor specifically for the Product being terminated.c) Supply of products and its components/ spares at least for a period of one year from the date of such termination. iii). The Vendor is declared bankrupt or becomes insolvent. iv). The delivery of material is delayed due to causes of Force Majeure by more than three months. v) Based on the decision of the Arbitration Tribunal

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

The goods on receipt of HAL will be subjected to inspection / tests and the decision of HAL shall be final regarding acceptance / rejection of goods and shall be binding on the bidder. In case of rejection: i) The bidder will be allowed to effect free replacement without extra payment within a time stipulated by HAL. However, the bidder should bear the cost of freight (or) ii) HAL will buy the rejected quantity of goods from an alternate source at the risk and cost of the bidder incase of failure to replace the goods as per para (i) above without affecting the bidder’s liability as regards the supply of any further consignment due under the contract (or) iii) Terminate the contract and recover from the vendor the loss HAL may thereby incur. Bidder shall not be entitled to any gain on the repurchases.

1 Settlement of Disputes and Arbitration a) Below clause is applicable to organizations other than PSUs/ DPSUs or MSEs or Foreign Vendors: Amicable Settlement by way of Mediation: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by bilateral discussions initially. If both parties wish to constitute a High-Level Committee (HLC) from external sources then preferably such committee may consist of a retired Judge or a retired High-Ranking officer and/or a technical expert in that disputed field for which both parties disputed. The discussions shall be referred to a HLC of experts from internal or external sources, constituted by both parties to mediate on the existing difference or dispute between the Parties. Any dispute, which cannot be settled amicably, within 90 days or till such date/period as mutually extended from the date on which both Parties constitutes the HLC and the same is not covered in Arbitration proceedings also, then such dispute, disagreement or question which exists, shall be referred for adjudication by the Courts. The Committee internal or external may contain sole or such odd numbers where one member shall be the Presiding officer of the mediation process and committee shall be well versed in the field of mediation. Any settlement agreement arrived through above Mediation process requires prima facie approval of Competent Authority of HAL (on behalf of HAL) before parties signing such settlement agreement or it becomes final. Each party shall bear its own cost of preparing and presenting its case. The cost of Mediation including the fees and expenses of the Mediators shall be shared equally between the Parties, unless otherwise agreed in mediation. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any mediation hereunder without the prior written consent of other party.

Arbitration: The Arbitration Proceedings shall be conducted in India under the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. The award of such Arbitration shall be enforceable in Indian Courts only. The arbitration tribunal shall be consisting of Sole Arbitrator, who shall be nominated by both parties mutually within one (1) month from the date of invoking Arbitration clause by the effected party, failing which the Arbitrator may be nominated under the provisions of Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. In case if both Parties agree for an Arbitration Tribunal consisting of three Arbitrators, then out of three Arbitrators two Arbitrators shall be appointed by each party to the Contract and the so appointed two Arbitrators shall jointly appoint the third Arbitrator who shall be the Presiding officer. In the event of a vacancy caused in the office of the Arbitrator, the party/parties which/who nominated such Arbitrator shall be entitled to nominate another in the place of retiring/outgoing Arbitrator and the arbitration proceedings shall continue from the stage they were left by the retiring Arbitrator. The seat of Arbitration shall be at Bengaluru, India and the language of the Arbitration shall be English. The award of the Arbitration shall be final and binding between the parties to this Agreement Contract/PO. Each party shall bear its own cost of preparing and presenting its case. The cost of Arbitration including the fees and expenses of the Arbitrator shall be shared equally between the Parties, unless otherwise awarded by the Arbitration Tribunal. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of other party.

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

Settlement of Disputes and Arbitration for Foreign Vendors: Amicable Settlement: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by bilateral discussions. In case of technical disputes involving confidential matters, the issue shall be referred to a high level technical authority for each party, appointed for this purpose. Any dispute, which cannot be settled amicably as above, within 60 days from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, shall be settled by Arbitration. Arbitration: The arbitration tribunal shall be consisting of sole arbitrator. The arbitrator, who shall not be a citizen or domicile of the country of either of the parties or of any other country unacceptable to any of the parties, shall be nominated by the parties within ninety (90) days of the receipt of the notice mentioned above, failing which the arbitrator may be nominated and Arbitration shall be conducted under the provisions of Indian Arbitration and Conciliation Act, 1996 or by dispute resolution institution like International Centre for Alternative Dispute Resolution (ICADR) or India International Arbitration Centre (IIAC). The Arbitration Proceedings shall be conducted in India under the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. The law applicable to conducting Arbitration shall be Indian Laws. The Arbitration Tribunal shall have its seat in India. The language of the arbitration shall be English. The award of the Arbitration shall be final and binding between the parties to this Contract/PO. The award of such Arbitration shall be enforceable in Indian Courts only. Each party shall bear its own cost of preparing and presenting its case. The cost of Arbitration including the fees and expenses of the arbitrator shall be shared equally by the Vendor and the HAL, unless otherwise awarded by the Arbitration Tribunal. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.

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

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

Minimum Local content (Make in India Policy): The ‘local content’ requirement to categorize a Vendor as ‘Class-I local supplier’ is minimum 50%. For ‘Class-II local supplier’, the ‘local content’ requirement is minimum 20%. Nodal Ministry/Department may prescribe only a higher percentage of minimum local content requirement to categorize a Vendor as ‘Class-I local supplier’/ ‘Class-II local supplier’. For the items, for which Nodal Ministry/ Department has not prescribed higher minimum local content notification, it shall be 50% and 20% for ‘Class-I local supplier’/ ‘Class-II local supplier’ respectively. Vendor’s status as MSEs: It is relevant to note that as per Government of India direction, the aspect of MSEs policies also included in the tender and the same is covered in the other terms & conditions which are part of RFQ. The aspect as indicated below would be applicable for procurement which falls under divisible category (i.e., not applicable for indivisible category). ▪ If any Indian vendor satisfies the requirement of MSEs stipulation and also falls within the purchase preference margin as called for in MSME policy (in case of matching L1 price) will be considered for ordering 25% of tendered quantity. The balance quantity/works will be considered for distribution amongst all bidders (including MSEs) as per this subject purchase preference policy. ▪ In case no MSEs qualifies for purchase preference or do not match with L1 price then the total tendered quantity will be distributed amongst all bidders as per this subject purchase preference policy. That the bidder has to indicate MLC as part of offer & Self Certificate and Auditor might have also indicated MLC as per their certification. In case there is difference in those values, the lowest of them will be considered as the applicable MLC & the offer will be dealt accordingly. Other MLC information will be treated as invalid.

Annexure-II A

DECLARATION CERTIFICATE FOR PROCUREMENT OF GOODS & SERVICES

Tender Ref. No.:

Description of work:

ARDC Division

HAL BANGALORE-560037

TYPE-I

Applicable for bidders falling under countries not sharing land border with India (or) sharing land border with India but currently lines of credit facility extended by Govt. of India to that country

I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; I hereby certify that this bidder is not from such a country and accordingly does not call for any registration with Competent Authority and this bidder is eligible to be considered.

Place:

Designation

Firm Name

TYPE-II

Applicable for bidders falling under countries sharing land border with India but currently lines of credit facility is not extended to that country

I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; I hereby certify that this bidder is from such a country and currently lines of credit facility is not extended by Govt. of India to that country. Accordingly, for bidding in this particular tender, bidder need to be registered with DPIIT. In this regard, the required formalities have been completed and the bidder has registered with Competent Authority. I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be considered. Our registration details are indicated below.

Competent Authority Ref. No. :

Registration No. & Date :

Name of the Company :

Registration valid up to :

(Copy of the certificate enclosed)

Place:

Designation

Firm Name

[Note: Also applicable to Transitional Case]

MANDATORY DOCUMENT FOR ALL BIDDERS

Annexure-II C

DECLARATION CERTIFICATE FOR PROCUREMENT OF GOODS & SERVICES (TRANSFER OF TECHNOLOGY)

Tender Ref. No.:

Description of work:

HAL- ARDC Division

BANGALORE-560037

KARNATAKA, INDIA

TYPE-I

Applicable for bidders (including Indian Bidders) who are having Specified Transfer of Technology with an entity from a country which not sharing a land border with India (or) sharing land border with India but currently lines of credit facility extended by Govt. of India to that country.

I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangements. I hereby certify that this bidder does not have any ToT arrangement requiring registration with Competent Authority and this bidder is eligible to be considered.

Place:

Designation

Firm Name

TYPE-II

Applicable for bidders (including Indian Bidders) who are having Specified Transfer of Technology with an entity from a country which sharing a land border with India but currently lines of credit facility is not extended to that country.

I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. I hereby certify that this bidder having ToT arrangement with an entity which is from such a country and currently lines of credit facility is not extended by Govt. of India to that country. Accordingly, for bidding in this particular tender, bidder need to be registered with DPIIT. In this regard, the required formalities have been completed and the bidder has registered with Competent Authority. I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be considered. Our registration details are indicated below.

Competent Authority Ref. No. :

Registration No. & Date :

Name of the Company :

Registration valid up to :

(Copy of the certificate enclosed)

Place:

Designation

Firm Name

AIRCRAFT RESEARCH & DESIGN CENTRE HINDUSTAN AERONAUTICS LIMITED MARATHAHALLI POST BANGALORE- 560 037, KARNATAKA, INDIA

ANNEXURE-3 General Instructions & Terms of the Tender

TENDER REF. NO.

DESCRIPTION OF WORK

Other important instructions & conditions related to tender