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Eligibility, documents, scope, Go/No-Go checksEligibility, required documents, scope of work and Go/No-Go checks for this tender, in one click.
Tender Value
Refer Docs
Closing Date
22 Oct 2026, 11:59 pm
Eligibility, documents, scope, Go/No-Go checksEligibility, required documents, scope of work and Go/No-Go checks for this tender, in one click.
CM PURCHASE
PROCUREMENT OF DIFFERENT SPARES
HAL/BKP/IMM/92019096/3/26::01
HAL/BKP/IMM/92019096/3/26
Open Tender
Goods
Helicopter Complex -Barrackpore Divn-PM-Cheetah-Chetak-Purchase
AS PER TENDER DOCUMENTS
₹0
Exempted
1 Oct 2026
1 Oct 2026
23 Oct 2026
22 Oct 2026
15 Oct 2026
SUPPLY OF SPARES
TENDER NO. HAL/BKP/GTE/92019096/3/26
TENDER DATE 1-Oct-26
DUE DATE 22-Oct-26 at 23:59 IST
NAME OF THE BIDDER
OFFER REFERENCE & DATE
Sl No. Part No. Part Description Qty. U/M Delivery required Quoted / Not quoted Alternate Part No. if any (a) Supply shall be covered by OEM CoC/Manufacturer CoC/EASA along with supplier's own CoC (original ink signed).OEM manufacturing batch details/unit sl nos etc should be there in supplier's own CoC (original ink signed). (b) Alternate part number should be certified by the vendor for its complete interchange ability/Form-Fit-Function and shall be enclosed with supporting/descriptive literature from OEM/manufacturer. (c) Items are spares/LRUs of Alouttee/Lama airborne platform and supplier offered items should be applicable for the same. (d)
1 3130-99-22-001-2 BOLT 81 Nos. Immediate
2 3160-99-81-005 BOLT 30 Nos. Immediate
3 3130-87-20-502 BOLT 135 Nos. Immediate
4 3130-68-00-915 CIRCLIP 269 Nos. Immediate
5 16110650990 DOOR HANDLE Alt P/n: 706A31111002 57 Nos. Immediate
6 LA-8 EYE LET WITH WASHER 3690 Nos. Immediate
7 3160-25-99-012 FRONT SPUFT 23 Nos. Immediate
8 DW8-10A OR D8TD10A OR 7045.2150 OR 7043.8200 FUSE 993 Nos. Immediate
9 13174-1778 GROMMET 21 Nos. Immediate
10 3130-99-23-004 SCREW 755 Nos. Immediate
11 3130-99-23-005 SCREW 381 Nos. Immediate
12 3130-99-85-007 SCREW 171 Nos. Immediate
13 3160-62-00-915 SCREW 1002 Nos. Immediate
14 3160-62-02-020 SCREW 1431 Nos. Immediate
15 3160-66-00-029 SCREW 321 Nos. Immediate
16 3130-99-13-002 SCREW 509 Nos. Immediate
17 3130-99-85-006 SCREW 226 Nos. Immediate
18 AVA-307A SHOCK MOUNT 208 Nos. Immediate
19 PCC1640 THERMO COUPLE CABLE 1002 Nos. Immediate
20 3160-72-13-901 OR SM305H RELAY 39 Nos. Immediate
21 3160-99-76-004 SCREW 2371 Nos. Immediate
22 3160-66-00-024 SCREW 141 Nos. Immediate
23 3130-99-81-002 SCREW 156 Nos. Immediate
24 3160-33-20-017 THREADED PIN 86 Nos. Immediate
25 631420544 BUSHING 45 Nos. Immediate
26 3160-99-23-029 AL. EXTRUDED HALF HINGE UoM="Nos",1 No=1 Meter 36 Nos. Immediate
27 3160-33-10-022 BOLT 405 Nos. Immediate
28 3160-14-10-137 BUSHING 253 Nos. Immediate
29 DPXB4533S0001 CONNECTOR 40 Nos. Immediate
30 DPXB-MA57-33S-0001 CONNECTOR CVR 64 Nos. Immediate
31 23312EP OR 7092-2520 FUSE HOLDER 147 Nos. Immediate
32 80808 JOINT 97 Nos. Immediate
33 8PH5MSIMLOC NUT 100 Nos. Immediate
34 4G9M NUT 124 Nos. Immediate
35 4AJAL6 NUT 1818 Nos. Immediate
36 8GAL6 NUT 385 Nos. Immediate
37 8LA68 OR 8LA68-BD NUT 887 Nos. Immediate
38 8AJAL6 OR 8AJAL6NYLSTOP NUT NYLSTOP ANCHOR 224 Nos. Immediate
39 7090-14-1275 OR 13270C6R75W OR 51277-2.953 PIP PIN 100 Nos. Immediate
40 55701C06R35AW PIN 79 Nos. Immediate
41 13354-2 PIP PIN 14 Nos. Immediate
42 104-103-1 POTENTIOMETER 544 Nos. Immediate
43 111S-5X18-GRIS FOAM RUBBER STRIP 1ROLL=10 METER 49 Nos. Immediate
44 BT2 RUBBER EXTRUSION. 81 Nos. Immediate
45 3160-99-25-042 SCREW 54 Nos. Immediate
46 59142 SEAL 58 Nos. Immediate
47 103-995 SWITCH CONTROL UNIT(KNOB) 31 Nos. Immediate
48 DPX2207458 UNION 26 Nos. Immediate
49 5AJAL6NYLSTOP OR 5AJAL6 NUT 1686 Nos. Immediate
50 4QC8 NUT 308 Nos. Immediate
51 3130-99-68-005 SCREW 440 Nos. Immediate
52 3160-99-73-020 BOLT 24 Nos. Immediate
53 6AJAL6 NUT 124 Nos. Immediate
54 5AJAL6K NUT NYLSTOP ANCHOR 133 Nos. Immediate
55 3160-68-10-006 SCREW 332 Nos. Immediate
56 63-355 SOCKET 12 Nos. Immediate
57 DW8-16A OR 7045.216 FUSE 342 Nos. Immediate
Note : Non Compliance of any of column b & c & Technical Conditions Sl no. 5,offer will be summarily rejected.
Technical Terms & Conditions
Sl. No. Technical Conditions Compliance by supplier (Yes/No)
1 Item will be cleared after inspection from QC department of HAL, Barrackpore division.
2 Supplied items should be new and unused.
3 Supplier has to provide warranty certificate for the items.
4 Items should be supplied in sealed packing with mentioning sl nos, part number, part description , batch details , date of manufacturing and date of expiration.
5 Supplier should ensure minimum 80% remaining shelf life at the time of shipment of the shelf life items.[{Sl No.(32),Joint: P/n:80808} {(Sl No.44) { Sl No.(44)Rubber Extrusion: BT2} {Sl No.(46) Seal: P/n: 59142}
1 3130-99-22-001-2 BOLT 53 Nos. Immediate
3 3130-99-73-044 BOLT 95 Nos. Immediate
6 3130-87-20-502 BOLT 79 Nos. Immediate
8 3160-99-42-006 BOLT 53 Nos. Immediate
11 3130-68-00-915 CIRCLIP 157 Nos. Immediate
12 3130-68-00-915 CIRCLIP 112 Nos. APR'26
13 DHS-139-2CPVNOIR CPV NOIR SLEEVE 54 Nos. APR'26
14 16110650990 DOOR HANDLE 40 Nos. Immediate
15 16110650990 DOOR HANDLE 17 Nos. APR'26
16 LA-8 EYE LET WITH WASHER 1890 Nos. Immediate
17 LA-8 EYE LET WITH WASHER 1800 Nos. APR'26
18 3160-25-99-012 FRONT SPUFT 23 Nos. APR'26
19 DW8-10A FUSE 733 Nos. Immediate
20 DW8-10A FUSE 260 Nos. APR'26
21 E21351-12-17-2FU GASKET 129 Nos. Immediate
22 E21351-12-17-2FU GASKET 112 Nos. APR'26
23 13174-1778 GROMMET 21 Nos. APR'26
24 4100-80AT28 HOOK 98 Nos. Immediate
25 4100-80AT28 HOOK 41 Nos. APR'26
26 3160-53-11-120 JOINT 54 Nos. Immediate
28 3160-66-10-907 LIP SEAL 42 Nos. APR'26
29 6GAL6 NUT ANCHOR 131 Nos. Immediate
30 6GAL6 NUT ANCHOR 344 Nos. APR'26
31 3160-99-23-005 PIN 39 Nos. Immediate
33 83118-016CD SAFETY PIN 3889 Nos. Immediate
34 83118-016CD SAFETY PIN 104 Nos. APR'26
35 3130-99-23-004 SCREW 80 Nos. Immediate
39 3130-99-85-007 SCREW 98 Nos. Immediate
41 3160-62-00-915 SCREW 544 Nos. Immediate
43 3160-62-02-020 SCREW 775 Nos. Immediate
45 3160-66-00-029 SCREW 209 Nos. Immediate
47 3130-99-13-002 SCREW 249 Nos. Immediate
49 3130-99-85-006 SCREW 122 Nos. Immediate
51 31601110135 SCREW 206 Nos. Immediate
52 31601110135 SCREW 612 Nos. APR'26
53 3160-99-73-004 SCREW 162 Nos. Immediate
55 3160-99-76-009 SCREW (No shank,full thread length) 305 Nos. Immediate
56 3160-99-76-009 SCREW (No shank,full thread length) 226 Nos. APR'26
57 319A-99-00-032 SCREW (No shank,full thread length) 303 Nos. Immediate
58 319A-99-00-032 SCREW (No shank,full thread length) 156 Nos. APR'26
59 AVA-307A SHOCK MOUNT 106 Nos. Immediate
60 AVA-307A SHOCK MOUNT 102 Nos. APR'26
61 3130-13-40-020 SIGHT GAUGE 3595 Nos. Immediate
62 3130-13-40-020 SIGHT GAUGE 324 Nos. APR'26
63 PCC1640 THERMO COUPLE CABLE 430 Nos. Immediate
64 PCC1640 THERMO COUPLE CABLE 572 Nos. APR'26
65 SS2458X100 VALVE INFLATION 23 Nos. APR'26
66 3130-65-12-002 WASHER 551 Nos. Immediate
68 ROBYL19 AGRAFES. (133-800). 7643 Nos. Immediate
69 ROBYL19 AGRAFES. (133-800). 900 Nos. APR'26
70 3160-25-28-032-1 DOOR SEAL 12 Nos. Immediate
71 3160-25-28-032-1 DOOR SEAL 34 Nos. APR'26
72 DHS795-900-00 PLUG 8 Nos. Immediate
73 DHS795-900-00 PLUG 21 Nos. APR'26
74 3160-72-13-901 RELAY 28 Nos. Immediate
76 3160-99-76-004 SCREW 1331 Nos. Immediate
78 3160-66-00-024 SCREW 85 Nos. Immediate
80 3130-99-81-002 SCREW 31 Nos. Immediate
82 3160-33-20-017 THREADED PIN 35 Nos. Immediate
83 3160-33-20-017 THREADED PIN 51 Nos. APR'26
84 83ASTARA LAMP 1773 Nos. Immediate
85 83ASTARA LAMP 605 Nos. APR'26
86 631420544 BUSHING 45 Nos. APR'26
87 UG291U COXIAL CONNECTOR 13 Nos. Immediate
88 UG291U COXIAL CONNECTOR 28 Nos. APR'26
89 1N5618 DIODE 85 Nos. APR'26
90 7502 GENERATOR SUPPRESSOR 8 Nos. Immediate
91 7502 GENERATOR SUPPRESSOR 4 Nos. APR'26
92 MS35489-23 GROMMET 26 Nos. Immediate
93 MS35489-23 GROMMET 21 Nos. APR'26
94 45-53 LAMP 48 Nos. Immediate
95 45-53 LAMP 30 Nos. APR'26
96 5PH35M NUT 2143 Nos. Immediate
97 5PH35M NUT 1678 Nos. APR'26
98 6P.CR.106 NUT 800 Nos. Immediate
99 6P.CR.106 NUT 144 Nos. APR'26
100 181756330 PUSH BUTTOM 6Q 21 Nos. Immediate
101 181756330 PUSH BUTTOM 6Q 44 Nos. APR'26
102 6PBS-8 RIVET 670 Nos. Immediate
103 6PBS-8 RIVET 852 Nos. APR'26
104 22541N060 NUT 542 Nos. Immediate
105 22541N060 NUT 552 Nos. APR'26
106 IN2225NOIR PLUG END 42 Nos. Immediate
107 IN2225NOIR PLUG END 34 Nos. APR'26
108 3160-99-23-029 AL. EXTRUDED HALF HINGE 24 Nos. Immediate
109 3160-99-23-029 AL. EXTRUDED HALF HINGE 12 Nos. APR'26
110 R12-8/12X100 ADAPTOR 49 Nos. Immediate
111 R12-8/12X100 ADAPTOR 40 Nos. APR'26
112 3160-99-42-003 BOLT 36 Nos. Immediate
114 3160-33-10-022 BOLT 153 Nos. Immediate
116 3160-14-10-137 BUSHING 135 Nos. Immediate
117 3160-14-10-137 BUSHING 118 Nos. APR'26
118 13526 BUTTON 34 Nos. Immediate
119 13526 BUTTON 52 Nos. APR'26
120 1315-36 CAP 98 Nos. Immediate
121 1315-36 CAP 52 Nos. APR'26
122 PC3-1-2 CAP 647 Nos. Immediate
123 PC3-1-2 CAP 373 Nos. APR'26
124 NSA934901-16 CLAMP A.H. 12 Nos. Immediate
125 NSA934901-16 CLAMP A.H. 34 Nos. APR'26
126 DPXB4533S0001 CONNECTOR 11 Nos. Immediate
127 DPXB4533S0001 CONNECTOR 29 Nos. APR'26
128 DPXB57-33S0001 CONNECTOR 38 Nos. Immediate
129 DPXB57-33S0001 CONNECTOR 21 Nos. APR'26
130 DPXB-MA57-33S-0001 CONNECTOR CVR 41 Nos. Immediate
131 DPXB-MA57-33S-0001 CONNECTOR CVR 23 Nos. APR'26
132 DHS795-108-00 CONNECTOR 120 Nos. Immediate
133 DHS795-108-00 CONNECTOR 138 Nos. APR'26
134 57350 END 146 Nos. Immediate
135 57350 END 105 Nos. APR'26
136 3130-62-20-904 FILTER 68 Nos. Immediate
137 3130-62-20-904 FILTER 42 Nos. APR'26
138 8301A FUEL SUPPRESSOR 17 Nos. Immediate
139 8301A FUEL SUPPRESSOR 4 Nos. APR'26
140 23312EP FUSE HOLDER 103 Nos. Immediate
141 23312EP FUSE HOLDER 47 Nos. APR'26
142 C-32-54001 GASKET 128 Nos. Immediate
143 C-32-54001 GASKET 130 Nos. APR'26
144 AN931.11S16 GROMMET 44 Nos. APR'26
145 80808 JOINT 44 Nos. Immediate
146 80808 JOINT 53 Nos. APR'26
147 JK-2A RUBBER SLEEVE (BIG) 63 Nos. APR'26
148 319A6310107 SHOELINERS 609 Nos. Immediate
149 319A6310107 SHOELINERS 392 Nos. APR'26
150 8PH5MSIMLOC NUT 66 Nos. Immediate
151 8PH5MSIMLOC NUT 34 Nos. APR'26
152 4PA 108 NUT 144 Nos. Immediate
153 4PA 108 NUT 222 Nos. APR'26
154 4G9M NUT 81 Nos. Immediate
155 4G9M NUT 43 Nos. APR'26
156 4AJAL6 NUT 1101 Nos. Immediate
157 4AJAL6 NUT 717 Nos. APR'26
158 8GAL6 NUT 195 Nos. Immediate
159 8GAL6 NUT 190 Nos. APR'26
160 8LA68 NUT 427 Nos. Immediate
161 8LA68 NUT 460 Nos. APR'26
162 8PCR106 NUT NYL STOP 91 Nos. Immediate
163 8PCR106 NUT NYL STOP 130 Nos. APR'26
164 8AJAL6 NUT NYLSTOP ANCHOR 109 Nos. Immediate
165 8AJAL6 NUT NYLSTOP ANCHOR 115 Nos. APR'26
166 4PHCM NUT SIM LOCK 161 Nos. Immediate
167 4PHCM NUT SIM LOCK 90 Nos. APR'26
168 3130-65-10-901 BEARING 418 Nos. Immediate
169 3130-65-10-901 BEARING 595 Nos. APR'26
170 7090-14-1275 PIP PIN 55 Nos. Immediate
171 7090-14-1275 PIP PIN 45 Nos. APR'26
172 55701C06R35AW PIN 51 Nos. Immediate
173 55701C06R35AW PIN 28 Nos. APR'26
174 63350 PIN 272 Nos. APR'26
175 13354-2 PIP PIN 12 Nos. Immediate
176 13354-2 PIP PIN 2 Nos. APR'26
177 164-229 PLUG IN 9 PIECES 20 Nos. Immediate
178 164-229 PLUG IN 9 PIECES 23 Nos. APR'26
179 104-103-1 POTENTIOMETER 544 Nos. Immediate
180 104-103-1 POTENTIOMETER 30 Nos. APR'26
181 PRB3-1-2 RECEPTACLE 347 Nos. Immediate
182 PRB3-1-2 RECEPTACLE 224 Nos. APR'26
183 106657 RELAY MINIATURE 24V 3 Nos. Immediate
184 106657 RELAY MINIATURE 24V 7 Nos. APR'26
185 TLP419DBS23 RIVET 411 Nos. Immediate
186 TLP419DBS23 RIVET 680 Nos. APR'26
187 111S-5X18-GRIS FOAM RUBBER STRIP 32 Nos. Immediate
188 111S-5X18-GRIS FOAM RUBBER STRIP 17 Nos. APR'26
189 BT2 RUBBER EXTRUSION. 81 Nos. APR'26
190 3160-99-25-042 SCREW 20 Nos. Immediate
192 9791050131 SCREW 135 Nos. Immediate
193 9791050131 SCREW 45 Nos. APR'26
194 AN515-6-12 SCREW 364 Nos. APR'26
195 L22194-30-8BCL SCREW 63 Nos. Immediate
196 L22194-30-8BCL SCREW 45 Nos. APR'26
197 L22196-30-12BCL SCREW 111 Nos. Immediate
198 L22196-30-12BCL SCREW 207 Nos. APR'26
199 L22194-30-5BCL SCREW 49 Nos. Immediate
200 L22194-30-5BCL SCREW 56 Nos. APR'26
201 59142 SEAL 37 Nos. Immediate
202 59142 SEAL 21 Nos. APR'26
203 PS3-1-2 SPRING 187 Nos. Immediate
204 PS3-1-2 SPRING 404 Nos. APR'26
205 PF3-1-2-38 STUD 875 Nos. Immediate
206 PF3-1-2-38 STUD 480 Nos. APR'26
207 103-995 SWITCH CONTROL UNIT(KNOB) 27 Nos. Immediate
208 103-995 SWITCH CONTROL UNIT(KNOB) 4 Nos. APR'26
209 DPX2207458 UNION 12 Nos. Immediate
210 DPX2207458 UNION 14 Nos. APR'26
211 AC132 TRANSISTOR 41 Nos. APR'26
212 3301432 LOCK WASHER(3 DIA) 330 Nos. Immediate
213 3301432 LOCK WASHER(3 DIA) 216 Nos. APR'26
214 4GAL6 ANCHOR NUT 2266 Nos. Immediate
215 4GAL6 ANCHOR NUT 1262 Nos. APR'26
216 5AJAL6NYLSTOP NUT 1036 Nos. Immediate
217 5AJAL6NYLSTOP NUT 650 Nos. APR'26
218 5GAL6K NUT ANCHOR 497 Nos. Immediate
219 5GAL6K NUT ANCHOR 344 Nos. APR'26
220 R10404 PLUG 12 Nos. Immediate
221 R10404 PLUG 9 Nos. APR'26
222 R161006000W CO-AXIAL CONNECTOR (N TYPE) 14 Nos. Immediate
223 R161006000W CO-AXIAL CONNECTOR (N TYPE) 15 Nos. APR'26
224 R143 325 000 RF CONNECTOR 4 Nos. Immediate
225 R143 325 000 RF CONNECTOR 4 Nos. APR'26
226 R143018-000 CO-AXIAL CONNECTOR 33 Nos. Immediate
227 R143018-000 CO-AXIAL CONNECTOR 20 Nos. APR'26
228 4QC8 NUT 204 Nos. Immediate
229 4QC8 NUT 104 Nos. APR'26
230 3130-99-68-005 SCREW 186 Nos. Immediate
232 L22220-60-36BCL SCREW 60 Nos. Immediate
233 L22220-60-36BCL SCREW 50 Nos. APR'26
234 3160-63-20-015 SCREW 50 Nos. Immediate
236 1667-97500 SPRING 12 Nos. Immediate
237 1667-97500 SPRING 12 Nos. APR'26
238 3160-99-73-020 BOLT 7 Nos. Immediate
240 6AJAL6 NUT 47 Nos. Immediate
241 6AJAL6 NUT 77 Nos. APR'26
242 5AJAL6K NUT NYLSTOP ANCHOR 88 Nos. Immediate
243 5AJAL6K NUT NYLSTOP ANCHOR 45 Nos. APR'26
244 3160-68-10-006 SCREW 130 Nos. Immediate
246 3160-99-25-018 SCREW 83 Nos. Immediate
248 63-355 SOCKET 6 Nos. Immediate
249 63-355 SOCKET 6 Nos. APR'26
250 DW8-16A FUSE 238 Nos. Immediate
251 DW8-16A FUSE 104 Nos. APR'26
252 DW8-4 FUSE 225 Nos. Immediate
253 DW8-4 FUSE 104 Nos. APR'26
SUPPLY OF DIFFERENT SPARES
TENDER NO. HAL/BKP/IMM/GTE/92019096/3/26
TENDER DATE 1-Oct-26
DUE DATE 22-Oct-26 at 23:59 IST
NAME OF THE BIDDER
OFFER REFERENCE & DATE
Sl No. Part No. Part Description Qty. U/M Delivery Required Currency Unit Rate Delivery schedule Remarks HSN CODE
1 3130-99-22-001-2 BOLT 81 Nos. Immediate
2 3160-99-81-005 BOLT 30 Nos. Immediate
3 3130-87-20-502 BOLT 135 Nos. Immediate
4 3130-68-00-915 CIRCLIP 269 Nos. Immediate
5 16110650990 DOOR HANDLE Alt P/n: 706A31111002 57 Nos. Immediate
6 LA-8 EYE LET WITH WASHER 3690 Nos. Immediate
7 3160-25-99-012 FRONT SPUFT 23 Nos. Immediate
8 DW8-10A OR D8TD10A OR 7045.2150 OR 7043.8200 FUSE 993 Nos. Immediate
9 13174-1778 GROMMET 21 Nos. Immediate
10 3130-99-23-004 SCREW 755 Nos. Immediate
11 3130-99-23-005 SCREW 381 Nos. Immediate
12 3130-99-85-007 SCREW 171 Nos. Immediate
13 3160-62-00-915 SCREW 1002 Nos. Immediate
14 3160-62-02-020 SCREW 1431 Nos. Immediate
15 3160-66-00-029 SCREW 321 Nos. Immediate
16 3130-99-13-002 SCREW 509 Nos. Immediate
17 3130-99-85-006 SCREW 226 Nos. Immediate
18 AVA-307A SHOCK MOUNT 208 Nos. Immediate
19 PCC1640 THERMO COUPLE CABLE 1002 Nos. Immediate
20 3160-72-13-901 OR SM305H RELAY 39 Nos. Immediate
21 3160-99-76-004 SCREW 2371 Nos. Immediate
22 3160-66-00-024 SCREW 141 Nos. Immediate
23 3130-99-81-002 SCREW 156 Nos. Immediate
24 3160-33-20-017 THREADED PIN 86 Nos. Immediate
25 631420544 BUSHING 45 Nos. Immediate
26 3160-99-23-029 AL. EXTRUDED HALF HINGE UoM="Nos",1 No=1 Meter 36 Nos. Immediate
27 3160-33-10-022 BOLT 405 Nos. Immediate
28 3160-14-10-137 BUSHING 253 Nos. Immediate
29 DPXB4533S0001 CONNECTOR 40 Nos. Immediate
30 DPXB-MA57-33S-0001 CONNECTOR CVR 64 Nos. Immediate
31 23312EP OR 7092-2520 FUSE HOLDER 147 Nos. Immediate
32 80808 JOINT 97 Nos. Immediate
33 8PH5MSIMLOC NUT 100 Nos. Immediate
34 4G9M NUT 124 Nos. Immediate
35 4AJAL6 NUT 1818 Nos. Immediate
36 8GAL6 NUT 385 Nos. Immediate
37 8LA68 OR 8LA68-BD NUT 887 Nos. Immediate
38 8AJAL6 OR 8AJAL6NYLSTOP NUT NYLSTOP ANCHOR 224 Nos. Immediate
39 7090-14-1275 OR 13270C6R75W OR 51277-2.953 PIP PIN 100 Nos. Immediate
40 55701C06R35AW PIN 79 Nos. Immediate
41 13354-2 PIP PIN 14 Nos. Immediate
42 104-103-1 POTENTIOMETER 544 Nos. Immediate
43 111S-5X18-GRIS FOAM RUBBER STRIP 1ROLL=10 METER 49 Nos. Immediate
44 BT2 RUBBER EXTRUSION. 81 Nos. Immediate
45 3160-99-25-042 SCREW 54 Nos. Immediate
46 59142 SEAL 58 Nos. Immediate
47 103-995 SWITCH CONTROL UNIT(KNOB) 31 Nos. Immediate
48 DPX2207458 UNION 26 Nos. Immediate
49 5AJAL6NYLSTOP OR 5AJAL6 NUT 1686 Nos. Immediate
50 4QC8 NUT 308 Nos. Immediate
51 3130-99-68-005 SCREW 440 Nos. Immediate
52 3160-99-73-020 BOLT 24 Nos. Immediate
53 6AJAL6 NUT 124 Nos. Immediate
54 5AJAL6K NUT NYLSTOP ANCHOR 133 Nos. Immediate
55 3160-68-10-006 SCREW 332 Nos. Immediate
56 63-355 SOCKET 12 Nos. Immediate
57 DW8-16A OR 7045.216 FUSE 342 Nos. Immediate
Special Commercial Conditions
Sl. No. Conditions Compliance by supplier
1 Validity of Quote (120 Days)
2 Delivery Terms (FOR HAL Barrackpore)
3 Payment Terms: Direct payment within 30 days of receipt and acceptance
4 LD clause accepted. (Yes/No)
The following detils should be mentioned in the invoice during supply.
1 Net weight of individual line items of the invoices
2 Net weight of the line items of the invoice
3 Gross weight of the invoice (Including Packaging)
4 No. of packets / boxes mentioning size and its weight
Integrity Pact:(if the order value
CONDITIONS OF TENDER
Tender No. HAL/BKP/IMM/GTE/92019096/3/26
Tender Date. 1-Oct-26
Tender Due Date. 22-Oct-26 at 23:59 IST
Name of the Bidder
Sl. No. CONDITIONS COMPLIANCE (YES/No) REMARKS
General Conditions- Part -I
1 Tender Due Date : The due date for submission of quote is mentioned on e-Portal. Submission of tender can be done through e-Portal only
2 Validity of the Quotation: Price quoted should be net and unless otherwise specified should remain valid for our acceptance for a minimum of 120 days from the closing date of enquiry and the materials of offered should be perfectly kept under provisional reservation for this quotation.
3 Response to bid through e-Procurement portal should be uploaded in the e-Portal only.
4 Late Tender: a) Bid received after the due date and time specified in the tender shall be considered as late tender and will not be considered. b) HAL will not be responsible for loss or delay in receipt of tender documents/ tender in transit. c) HAL will not be responsible for inability of bidder to upload the tender documents in e-procurement. d) HAL reserves the right to reject late or incomplete tender.
5 Opening of Tenders issued in Manual mode: a) Tender will be opened on any day after tender due date at Hindustan Aeronautics Limited, Barrackpore Division. Bidders or their authorized representatives, who are desirous to attend the tender opening may forward written confirmation with name of authorized person and designation prior to tender opening. b) During tender opening only the important particulars like price, payment and delivery terms will be read out.
6 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) 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) To have parallel source of supply, the order may be spilt to 2 or 3 sources subject to other bidders agreeing for L-1 price. The distribution of quantity among the bidders will be as per the proportion (to be decided by the tenderer) given below: Qty. distribution among L-1 : L-2 in proportion x% : y% or Qty. distribution among L-1 : L-2: L-3 in proportion x% : y% : z% g) Conditional discounts will not be considered in evaluation of tender. h) In respect of two bid system, technical bid will be opened on the tender opening date. After technical evaluation, the Commercial bids of those bidders who are technically acceptable will be opened. i) Applicability of the Taxes (IGST/CGST etc.) should be explicitly indicated by the bidder in his response either in percentage or in absolute terms. In the absence of this input the offer would be considered all inclusive. j) 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 Bank Branch in India as on date of tender opening.
7 Integrity Pact: (If the present quoted value exceeds Rs 5 Crs, IP is applicable) (i) Integrity Pact (IP) as per HAL format enclosed shall be duly ink signed by the bidder along with the witnesses. Failure to sign Integrity Pact as per HAL’s standard format may lead to rejection of offer. In case of submission of offer through e-portal, scanned copy of the signed Integrity Pact also need to be submitted along with your offer and in parallel, the hard copy of original ink singed IP should reach HAL by post. The submission of Integrity Pact without deviation is a mandatory requirement. (ii) It is requested to forward the original ink signed Integrity Pact in duplicate (as per HAL format enclosed at Annexure ) duly initialled on each page to the following Contact Person and Address: Address of the Division: Hindustan Aeronautics Limited, Barrackpore Division, 9 Topkhana Road, Barrackpore, Kolkata 700120 Contact Person Name/Designation : Gopal Barman, Senior Manager (Purchase) Tel No. : +91 33 2540 2037 (iii) In respect of IP and its monitoring authority i.e. the Independent External Monitor (IEM), who is appointed by HAL, in line with the communication received from Central Vigilance Commission (CVC). The present IEM/s is/are: 1. Name : E-mail ID : Shri Sunil Kumar Bansal ,IPS(Retd.) , [email protected] 2. Name : E-mail ID : Shri ChaitanyaKumarVarma ,CE&MES(Retd.)[email protected] 3. Name : Email ID : Shri Ashok Kumar Tripathy ,IAS (retd.) [email protected] (iv) The bidder may approach the IEM nominated only for IP related issues. Any other specific clarifications/query/status with reference to tender and request for validity, extension of the tender etc., should be forwarded to concerned tender issuing HAL Officer. (v) Both Omnibus IP and Standalone IP formats are enclosed with RFQ/RFP. In case if Bidder has already signed Omnibus IP with any other Divisions of HAL and validity of the same exists for this contract period, then Bidder may forward the copy of the same. If Omnibus IP is not signed, then Bidder may choose to execute either of the IP formats i.e. Omnibus IP or Standalone IP.
8 Conflict of Interest: Any bidder having a conflict of interest, which substantially affects fair competition, shall not be eligible to bid in this tender. Bids found to have a conflict of interest shall be rejected as nonresponsive. A bidder in this Tender Process shall be considered to have a conflict of interest if the bidder: a) directly or indirectly controls, is controlled by or is under common control with another Bidder; or b) receives or have received any direct or indirect subsidy/ financial stake from another bidder; or c) has the same legal representative as another bidder for purposes of this bid. A Principal can authorize only one representative, and the representative also should not represent or quote on behalf of more than one Principal. However, this shall not debar more than one Authorised distributor from quoting equipment manufactured by an Original Equipment Manufacturer (OEM), in procurements under Proprietary Article Certificate; or d) has a relationship with another bidder, directly or through common third parties, that puts it in a position to have access to information about or influence the bid of another Bidder or influence the decisions of the Procuring Entity regarding this Tender process; or participates in more than one bid in this tender process; or e) Participation in any capacity by a Bidder (including the participation of a Bidder as sub-contractor in another bid or vice-versa) in more than one bid shall result in the disqualification of all bids in which he is a party. However, this does not limit the participation of a non-bidder firm as a sub-contractor in more than one bid; or f) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services that it provided (or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm), for the procurement planning (inter-alia preparation of feasibility/ cost estimates/ Detailed Project Report (DPR), design/ technical specifications, Terms of Reference (ToR)/ Activity Schedule/ schedule of requirements or the Tender Document etc.) of this Tender process; or g) has a close business or family relationship with a staff of the Procuring Organization who: i) are directly or indirectly involved in the preparation of the Tender document or specifications of the Tender Process, and/or the evaluation of bids; or ii) would be involved in the implementation or supervision of resulting Contract.
9 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.
12 Arbitration: a) Clause for other than DPSUs or PSUs: All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this Contract or the breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration or International Centre for Alternative Dispute Resolution (ICA/ICADR) and the award made in pursuance thereof shall be binding on the parties. The provisions of the Arbitration and conciliation Act 1996 or any statutory modifications thereof shall apply to such legislation. b) Clause for DPSUs or PSUs: In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such disputes or differences shall be taken up by either party for resolution through AMRCD (Administrative Mechanism for Resolution of CPSE’s Disputes) as mentioned in DPE OM No. 05/0003/2019-FTS-10937 dated 14- 12-2022 and the decision of AMRCD on the said dispute will be binding on both the Parties. c) 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 and its statutory modifications thereof.
13 Eligible Goods & Services: 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 Supplier in its bid regarding but not limited to any restrictions on certain countries with land-borders with India. The successful bidder shall not be allowed to sub-contract works to any contractor from a country, which shares a land border with India unless such contractor is registered with the Competent Authority.
13 Eligible Goods & Services: c) Minimum Local content (Make in India Policy): The ‘local content’ requirement to categorize a supplier 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 supplier 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. Supplier’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.
14 Earnest Money Deposit (or Bid Security) (If applicable) a) EMD for a value of Rs to be submitted in the form of DD/ Banker’s Cheque/ Pay Order/ Bank Guarantee of Scheduled Bank (to be specified). EMD should be valid for 28 days beyond the validity of the bid. EMD can be sent through SWIFT/ Wire Transfer to HAL Account No. (to be indicated). b) Offers not accompanied with requisite amount of EMD or EMD not submitted in the specified form in original shall be summarily rejected. c) EMD will not carry any interest for the period it is retained with HAL. EMD will be forfeited if a bidder withdraws, amends, impairs and/or derogates within validity period. d) Bidders exempted from submission of EMD as per Govt. of India directives must submit certified copy of Govt. of India authority for such exemption in lieu of EMD. e) EMD of unsuccessful bidder will be returned within 15 working days of completion of technical evaluation or within 15 working days of determination of successful bidder (as the case may be). f) In case of two bid system EMD in original form should be enclosed along with the technical bid. Technical bid without EMD in original form will be rejected. g) EMD remittance document, either in Indian currency or any other convertible currency of the specified amount, can be arranged by the Indian subsidiary/branch office in India of a foreign bidder which shall be submitted along with a certificate confirming the relationship of subsidiary/branch office in the bidder’s offer.
15 Non-conformities between Figures and Words: In case of non-conformities/errors are observed in responsive tenders between the quoted prices in figures and in words. This situation normally does not arise in case of e-Procurement. This should be taken care of in the manner indicated below: i) If, in the price structure quoted for the required goods, there is discrepancy between the unit price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total price corrected accordingly; ii) If there is an error in a total corresponding to the addition or subtraction of sub-totals, the sub-totals shall prevail and the total shall be corrected; and iii) If there is a discrepancy between words and figures, the amount in words shall prevail. Such a discrepancy in an offer should be conveyed to the bidder asking him to respond by a target date and if the bidder does not agree to HAL's observation, then the bid is liable to be rejected.
Sl. No. General Conditions- Part -II
A Bank Guarantee Clauses:
1 Security Deposit: (Optional applicability if RFQ calls for): Wherever applicable the successful vendor, shall have to deposit % of the value of the order as Security Deposit (to be calculated only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) within 15 days of receipt of the purchase order, by demand draft or bank guarantee in a prescribed format of HAL from a schedule bank in India/ bank of international repute (for Foreign vendors), valid up to 60 days after the completion of contract period/last supply. This Security Deposit will bear no interest and will be returned only after the contract is completed to the entire satisfaction of HAL. In case, quotes received without indicating the break-up details of GST, ED etc. and order placed subsequently on composite value (without indicating break-up details of taxes & duties) then the Security Deposit to be sought on the composite value (including taxes & duties). a) In case the contract is not executed to the entire satisfaction of HAL the security deposit shall be forfeited, besides initiation of risk purchase action. b) No claim will be entertained against HAL either in respect of interest, if any due on the security deposit or depreciation in value. c) On due performance and completion of the contract in all respects, the security deposit will be returned to the vendor, without any interest, on presentation of absolute “No Demand Certificate” and upon return in good condition of any specifications, drawings, samples or any other property belonging to the purchaser, which may have been issued to the vendor.
2 Performance Bank Guarantee: Vendor shall furnish a Performance Bank Guarantee as per HAL’s format (enclosed) for _ _% of order value (to be calculated only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) valid till end of the guarantee/warranty period from a scheduled bank in India/ Bank of international repute (for foreign vendors) from the date of acceptance. Performance Bank Guarantee for Indigenous (Optional, applicable only if RFQ calls for): Vendor shall furnish a Performance Bank Guarantee as per HAL’s format for 10% of order value (to be calculated only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) valid till end of the guarantee/warranty period from a scheduled bank in India. Performance Bank Guarantee for Foreign (Optional, applicability only if RFQ calls for): Vendor shall furnish a Performance Bank Guarantee as per HAL’s format for 10% of order value (to be calculated only on basic cost excluding taxes & duties, if such details are furnished separately in the bid submitted) valid till end of the guarantee/warranty period from a bank of international repute.
B Clauses with regard to Supplies:
1 Supply of Samples: Samples submitted for any reasons shall be supplied without charge and freight paid and without any obligation on HAL as regards safe custody. All samples submitted must be clearly labeled with the Vendor’s name and address and tender number. If the Vendor submits the samples with his tender the same shall not govern the standard of supply except when it has been specifically stated in the Purchase Order that it is accepted instead of any sealed pattern. Should certified samples be lent to a Vendor by HAL, the Vendor is responsible for the return in perfect order of all certified samples with the labels intact.
2 Packing: The Vendor will be held responsible for the stores being sufficiently and properly packed for tropical storage and for transport by rail, road, sea or air so as to ensure their being free from loss or injury on arrival at their destination. The packing and marking of packages shall be done by and at the expense of the vendor. Each package shall contain a Packing Note quoting Purchase Order number and date showing its contents in detail. Each shall be properly marked with Purchase Order No., Consignee’s name & address, package- handling instructions etc. The package shall have adequate provision for handling during transit.
3 Receipt & Despatch: The Vendor is responsible for obtaining a clear receipt from the Transport Authorities specifying the goods dispatched. He will not book any consignment on a said to contain’ basis. If he does so, he does it on his own responsibility. HAL will take no responsibility for short deliveries or wrong supply of goods when the same are booked on said to contain’ basis. HAL shall pay for only such stores as are actually received by them in accordance with the contract.
4 Quantity: a) The quotation must be in the unit in which the quantity is indicated in the enquiry. If it is otherwise, conversion data must be furnished. b) HAL reserves the right to order quantity less than indicated in the enquiry/ quoted for by bidder, at the prices quoted, without any reference to the bidder. c) For the Raw materials (in forms of bar, sheet, wires etc.) (applicable for RFQs for raw material) Qty. tolerance ± 10% acceptable.
5 Quality & Workmanship: 1) Generally the stores shall be of the best quality and workmanship. Contractor shall comply with the contract in all respects be to the satisfaction of HAL. Where tenders are called for in accordance with ‘particulars’, the contractor’s tenders to supply in accordance with such `particulars’ shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or insufficient examination of the ‘particulars’ will in any circumstances be considered. The contractor shall supply the stores in accordance with the ‘particulars’ unless any deviation is authorised as an exception expressly specified in the Purchase Order. 2) The Stores/Goods supplied shall conform to the standards, if mentioned in the Technical Specifications, or, where no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the concerned institution.
6 Inspection, Consequences of Rejection: The goods on receipt in HAL will be subject to inspection and tests, if necessary and HAL inspector’s decision as regards acceptance/rejection of goods shall be final and binding between the parties. (In case of Plant & Machinery, goods shall be finally inspected & accepted only after successful commissioning) If any stores are rejected, then HAL shall be at liberty to: a) Either: i) Allow the contractor to re-submit stores in replacement of those rejected within a time specified by HAL, the contractor bearing the cost of freight in such replacement without being entitled to any extra payment, (or) ii) Buy the quantity of stores rejected or other of a similar nature elsewhere at the risk and cost of the contractor without effecting the contractor's liability as regards the supply of any further consignments due under the contract, (or) iii) Terminate the contract and recover from the contractor the loss HAL may thereby incur. The contractor shall not be entitled to any gain on the repurchase, b) Any stores rejected by HAL’s Inspector must be removed by the contractor within 14 days from the date of receipt of intimation of rejection and at his own cost, failing which the contractor shall be liable to pay storage charges at 1% for each day of delay on the invoice value of the stores. If the stores are not removed within a month from the date of intimation of rejection, the stores will be liable, to be sold by HAL at the contractor’s risk and responsibility and the proceeds adjusted towards storage charges. c) In case any payment is made against delivery and it is found that the supplied item is rejected during inspection/commissioning, contractor will be required to choose any one of the following options to collect the rejected item for replacement: i) Refund the amount paid and collect the item for replacement. ii) Submit a Bank Guarantee for the amount already paid and collect the item for replacement. iii) Bring the replacement item to HAL and collect the rejected item.
7 Supply of Alternative Item: In case bidder is quoting for an alternative part number it should be confirmed that the offered part is fully interchangeable with the required part. Applicable descriptive literature/ catalogue if any may please be enclosed by the bidder with offer (at least two copies).
8 Shelf Life: Where stores offered have a limited shelf-life, kindly indicate the life involved and confirm that in the event of an order from us, only newly manufactured stores with the maximum possible shelf-life at the time of dispatch will be offered for shipment. In respect of rubber items such as seals etc., having curing date, the item should not have been manufactured earlier than 6 months of dispatch.
9 Deliveries, Consequences of Breach: The date of delivery stipulated in the Purchase Order shall be deemed to be the essence of the Contract, and delivery must be completed on or by the dates mentioned in the Purchase Order or the tender. Should the Vendor fail to deliver the stores or any consignment thereof within the period prescribed for such delivery, HAL shall be entitled at their option: a. To recover from the Vendor as per liquidated damages, and not by way of penalty, a sum of 0.5% of the price of any stores which the contractor has failed to deliver as aforesaid, for each week or part thereof during which the delivery or such stores may be in arrears subject to a maximum of 10% of the price of the stores in default (or) b. To purchase elsewhere, with or without notice to the Vendor on the account and at the risk of the Vendor, the stores not delivered or others of a similar description (where other exactly complying with the particulars are not available), HAL’s decision in this respect will be final (or) c. To terminate the contract in the event of action being taken under Para – (a) & (b) above, the Vendor shall be liable for any loss which HAL may sustain on the account, but the Vendor shall not be entitled to any gain on repurchases made against default.
10 Extension of Time: If an extension is desired by the Vendor/Supplier, then Vendor/Supplier shall apply for extension of time to HAL at least 15 days prior to the date of delivery without prejudice to the rights of HAL, then HAL may grant extension of time for any cause which HAL may deem proper and the decision of HAL in this respect to be final and binding and cannot be questioned in any manner whatsoever.
11 Training/ Factory Acceptance Test: Vendor shall impart free training to HAL Personnel in the area of programming, operation, mechanical maintenance and electronic/electric maintenance at Vendor’s work and also during commissioning. Further boarding, lodging & travel of HAL’s personnel shall be borne by HAL.
12 Plant and Machinery Supplies: Where Plant and Machinery, requiring inspection and test after erection at site if the completed plant or any portion thereof before it is taken over, is defective or fail to fulfill the requirements of the contract, HAL shall give the contractor notice setting from details of such defects or failures and the contractor shall forthwith make the defective plant good to make it comply with the requirements of the contract. Should Vendor fail to do so within a reasonable time, then HAL may reject and replace at the cost of the contractor the whole or any portion of the plant and machinery, as per the requirements of the contract, all such replacement shall be carried out by HAL, within a reasonable time, at reasonable price and where reasonably possible, to the same particulars under competitive conditions.
13 Repeat Order: HAL reserves the right to place repeat Order up to 100% of the value of the original order (statutory levies shall be paid as applicable) within 12 months from the date of completion of the original order. The prices, terms and conditions of the repeat order shall be the same as that of the original. However, placement of repeat order is not guaranteed and this will be at the sole discretion of HAL. Repeat Order can be placed by any Division/Office of HAL including the Division/Office which has originally placed the purchase order.
C Product Support Clauses:
1 Product Support/ Obsolescence: Considering that the requirement is spread over years, it is requested to ensure that there should not be any obsolescence issue not only in terms of items but in terms of technology also in the next 30 years. In case of obsolescence, bidder should intimate HAL at least 3 years in advance about obsolescence and should also absorb the cost for overcoming the obsolescence and provide continuous support for the next 30 years. HAL may be requiring various spares for the offered system/item in future. Exact requirement for the spare requirement will be intimated separately. Bidder to confirm that the cumulative price of all spares of item/system should not increase the unit cost of the item/system.
2 Warranty: Warranty shall be for a period of twelve calendar months, after the goods have been taken over by HAL, the contractor shall be responsible for any defects that may develop due to faulty materials, design or workmanship and shall remedy such defects at his own cost when called upon to do so by HAL who shall state in writing in what respect the portion is faulty. If it becomes necessary for the contractor to replace or renew any defective portion of the goods the contractor shall make such replacement or renewal without any extra cost to HAL. During warranty minimum uptime of 95% shall be ensured failing which warranty period shall deem to be proportionately extended. During warranty period equipment shall be replaced/repaired free of cost including any to & fro freight/insurance involved. Supplier shall attend to warranty calls within hours’/days’ notice.
3 Post-Warranty Service: Arrangements for after sales service and maintenance (authorized service centre) in India on site during warranty & post warranty period should be clearly indicated providing with name, address, phone, Mob no, email Id of the contact person, infrastructure along with spare parts inventory held by your Authorized Technical Service Center. The Vendor to indicate the validity period of authorization for the technical service center.
D Clauses related to available Recourse for Breach by Supplier:
1 Liquidated Damages: In the event of an order, we reserve the right to collect a sum of 0.5% per week including taxes of delay or part thereof, subject to a maximum of 10% as our claim-towards liquidated damages on the undelivered part of the order.
2 Penalties for Misdemeanors: Without prejudice to and in addition to the rights of the HAL to other remedies as per the Tender-documents or the contract, If the HAL concludes that a (prospective) bidder/ Supplier directly or through an agent has committed a misdemeanor in competing for the tender or in executing a contract, the HAL shall be entitled, and it shall be lawful on his part to take appropriate measures, including the following: a) If Bidder/s bids are under consideration in any procurement: Enforcement of Bid Securing Declaration in lieu of forfeiture or encashment of Bid Security.Calling off of any pre-contract negotiations, and; Rejection and exclusion of Bidder from the Tender Process b) If a contract has already been awarded: Termination of Contract for Default and availing all remedies prescribed thereunder; Encashment and/ or Forfeiture of any contractual security or bond relating to the procurement; Recovery of payments including advance payments, if any, made by the HAL along with interest thereon at the prevailing rate; c) Remedies in addition to the above:In addition to the above penalties, the HAL shall be entitled for any of the following action/s, and it shall be lawful on his part to: File information against Bidder or any of its successors, with the Competition Commission of India for further processing, in case of anti-competitive practices; Initiate proceedings in a court of law against Bidder or any of its successors, under the Prevention of Corruption Act, 1988 or the Indian Penal Code or any other law for transgression not addressable by other remedies listed in this sub-clause. Remove Bidder or any of its successors from the list of registered suppliers for a period not exceeding two years. Suppliers removed from the list of registered vendors or their related entities may be allowed to apply afresh for registration after the expiry of the period of removal. Initiation of suitable disciplinary or criminal proceedings against any individual or staff found responsible. Debar a bidder/ Supplier from participation in future procurements without prejudice to HAL’s legal rights and remedies. Debarment shall automatically extend to all the allied firms of the debarred firm. In the case of Joint Venture/ consortium, all its members shall also stand similarly debarred: HAL may debar a bidder or any of its successors from participating in any Tender Process undertaken by all its procuring entities for a period not exceeding two years commencing from the date of debarment for. HAL shall maintain such a list which shall also be displayed on their website. HAL may debar a bidder from participating in any Tender Process undertaken for a period not exceeding three years commencing from the date of debarment for misdemeanors. HAL shall maintain such a list which shall be circulated to all its Divisions.
3 Exit Clause: Exit criteria: The contract/order may be terminated under the following circumstances: i) In the event of unsatisfactory performance by the Seller during the contract period, or any of the information provided by the Seller is found to be untrue, or Seller is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with months 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 years. ii) If there is change in Buyer requirement, contract shall be terminated with months advance notice. The liability of Buyer in this case will be agreed mutually. In the event of termination of contract by either party the Seller shall ensure the following: a) IPR’s are transferred to Buyer to enable Buyer to proceed on the work with other Seller. Seller also will render all assistance till the other Seller fully take over the balance work. (If applicable) b) Transfer title and deliver all or any part thereof of the supplies, materials, work-in-progress, finished Products, Tooling, drawings and data produced or acquired by Seller specifically for the Product being terminated. c) Supply of products and its components / spares at least for a period of years from the date of such termination. iii) The Seller is declared bankrupt or becomes insolvent. iv) The delivery of material is delayed due to causes of Force Majeure by more than ( months). v) Based on the decision of the Arbitration Tribunal.
4 Termination for Default of Seller or for other reasons: HAL shall have the right to short close present Contract in part or in full by giving 1 month prior notice to the Supplier, in any of the following cases:- a) The work is delayed or cancelled for causes attributable to force majeure. b) The requirement is withdrawn by HAL’s Customer. c) The Supplier is declared bankrupt or becomes insolvent. d) It is noticed that the firm has utilized the services of any agent to get the resulting Order and paid any commission to such agent. e) As per decision of the Arbitration Tribunal. f) In case any part of the Order is subcontracted by the Supplier without prior permission of HAL. g) If the performance of the Supplier is not found satisfactory during the execution of work. In any of the above stated case, no claim of damage etc., by the Supplier will be allowed. Termination for Default of Either of the Party (mutual termination): Either of the Party shall have the right to short close present Contract in part or in full by giving 1 month prior notice to the other Party, 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 the end Customer. c) Either of the Party is declared bankrupt or becomes insolvent. d) It is noticed that either of the Party has violated/breached the Integrity. e) As per decision of the Arbitration Tribunal. f) Either of the Party has assigned the contract to a third party without prior permission from other party. g) If the performance of either of the Party is not found satisfactory to the other Party during the execution of work. In any of the above stated case, no claim of damage etc., by the defaulting Party will be allowed.
5 Insolvency: If Supplier enters into liquidation, whether compulsory or voluntary (other than amalgamation or reconstruction with another party taking over all its rights as well as commitments) or becomes insolvent or suffers a receiver of the whole or part of its asset to be appointed, i) Shall forthwith notify the same to HAL and the HAL shall have the right without prejudice to his other rights or remedies to terminate the unexecuted part of this Contract. ii) In such an event, HAL shall become entitled forthwith to get the refund within 30 days of all the advance payments received by Supplier and expenditure incurred by as a part of its obligations under this contract it has not fulfilled. In such an event if applicable, Supplier is liable for return of any materials/items (including drawings, designs etc) to HAL, which are held at his end as a part of the obligations under this contract.
6 Indemnity: The successful bidder/Supplier shall defend, indemnify and hold HAL harmless from and against all actions, causes of action, liabilities, claims, suits, judgment, liens, awards, damages of any kind and nature whatsoever and expenses and costs of litigation to the extent such claims arise out of infringement of any IPR, patent, copyright, trademark or involve wrongful use of trade secret or confidential information or negligence attributable to the Supplier.
7 Appropriation: Whenever under this contract any sum of money is recoverable from any payable by the contractor, HAL shall be entitled to recover such sum by appropriating in part or whole by deducting any sum then due or which at any time thereafter may become due to the contractor in this or any other contract entered by HAL as a whole its Divisions and Branch Offices etc., held by him alone or in partnership with others. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to HAL on demand the remaining balance due.
8 Risk purchases: The Supplier will supply quality items as per approved sample and also the quantity intended by the concerned Division in full as per terms and conditions of respective orders. In case the Supplier fails to execute the order either in terms of quality or in quantity, HAL reserves the right to procure from elsewhere at the risk and cost of the Supplier and any extra expenditure incurred due to this purchase is payable by the Supplier.
E Mandatory Clauses as per Ministry or Govt. of India:
1 Bribes and Gifts Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Vendor or his parties, agent or servant or any one on his or their behalf to any officer, servant, representative or agent of HAL or any person on his or their behalf in relation to the obtaining or to the execution of this or any other contract with HAL shall in addition to any criminal liability which the Vendor may incur, subject to the Vendor to the cancellation of this and all other contracts with HAL and also to payment of any loss or damage resulting from any such cancellation thereof. Any question or dispute as to the commission of any offence under the present clause shall be settled by HAL in such manner and on such evidence or information as they may think fit and sufficient and their decision shall be final and conclusive.
2 Immunity to Government of India It is understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that HAL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable Laws of India and General Principles Contract Law. The vendor shall agree, acknowledge and understand that HAL is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, vendor expressly waives releases and foregoes any and all actions or claims against the Government of India arising out of this contract, not to sue the Government of India as to any manner, claim, and cause of action or thing whatsoever arising out of or under this agreement.
3 Agents/Agency Commission (Note: 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). The Seller confirms and declares to the Buyer that the Seller is the original manufacturer or authorized distributor/stockist of original manufacturer or Govt. Sponsored/ Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMs) of the stores referred to in this offer/contract/Purchase order and has not engaged any individual or firm, whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to recommend to Buyer or any of its functionaries, whether officially or unofficially, to the award of the contract/purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract/ purchase order, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from participating in any RFQ/ Tender for new projects/program with Buyer for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract/ Purchase order either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the Buyer in terms of the Contract/ Purchase order along with interest at the rate of 2% per annum above LIBOR (London Inter-Bank Offer Rate) (for foreign vendors) and Base Rate of SBI (State Bank of India) plus 2% (for Indian vendors). The Buyer will also have the right to recover any such amount from any contracts/ Purchase order concluded earlier with Buyer.
4 Make In India Considering the huge and continuous requirement, HAL suggests the successful bidder to explore the possibility of manufacturing of the offered items in India to promote Govt. of India’s Make in India Policy. At this stage, HAL proposes to buy the systems/ items directly from the bidder for the firm requirement indicated above. However, for anticipated/future requirement, HAL requests successful bidder to submit the roadmap/proposal for HAL’s review for manufacturing of the offered system/item in India by setting up manufacturing facility in India or through joint venture in India.
5 Fall Clause The price quoted shall be in no event exceed the lowest price at which you sell the supplies or offer to sell supplies of identical description for similar quantity/terms 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 supplies 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, Seller shall forthwith notify such reduction/ sale or offer to sale to the HAL and the price payable under the contract for the supplies supplied after the date of coming into force of such reduction or sale or offer to sale shall stand correspondingly reduced.
F Dispute Resolution Mechanisms:
1 Settlement of Disputes and Arbitration a) Below clause is applicable to organizations other than PSUs/ DPSUs: Amicable Settlement: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by bilateral discussions. In case of technical disputes involving confidential matters, the issue shall be referred to a high level technical authority for each party, appointed for this purpose. Any dispute, which cannot be settled amicably as above within 60 days from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, shall be settled by Arbitration. Arbitration: The Arbitration Proceedings shall be conducted in India under the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. The award of such Arbitration shall be enforceable in Indian Courts only. The 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. 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. c) Settlement of Disputes and Arbitration with PSUs/ DPSUs: (Note: May also refer below guidelines: a) DPE D.O.No. 15(9)/86-BPE(Fin) dt. 29-03-1989. b) HAL Commercial Circular vide no. 59, dt. 25-08-1989. c) O.M. No. 334774/DoLA/AMRD/2019 dt. 31-03-2020) d) HAL CO Circular vide no.HAL/HR/24(9)-2/2022 dt. 26-12-2022
In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs &Excise Departments), such disputes or differences shall be taken up by either party for resolution through AMRCD (Administrative Mechanism for Resolution of CPSE’s Disputes) as mentioned in DPE OM No. 05/0003/2019-FTS-10937 dated 14-12-2022 and the decision of AMRCD on the said dispute will be binding on both the Parties. d) 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 Proceedings shall be conducted in India under the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. The award of such Arbitration shall be enforceable in Indian Courts only. The law applicable to conducting arbitration shall be Indian law. (Note: Indian law or foreign law to be negotiated and decided by the parties to contract and need to modify accordingly). 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 under the provisions of Indian Arbitration and Conciliation Act, 1996 or by dispute resolution institution International Centre for Alternative Dispute Resolution (ICADR). In case, nomination of sole arbitrator under Indian Arbitration and Conciliation Act, 1996 or by dispute resolution institution like ICADR is not acceptable to either of the parties, then the sole arbitrator may be nominated by the President of International Chamber of Commerce, Paris, but the said nomination would be after consultation with both the parties and shall preclude any citizen with domicile of any country as mentioned above. The Arbitration Tribunal shall have its seat in India. The award of the Arbitration shall be final and binding on the parties to this contract. 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 Supplier and the HAL, unless otherwise awarded by the Arbitration Tribunal. The language(s) of the arbitration shall be English. 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 High Court at Kolkata 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.
G Payment related clauses:
1 Payment terms in RPQ/PO applicable for MSMEs: HAL is registered on TReDS platform (Trade Receivable Discounting Systems), as being promoted by GOI directives. It is suggested that all the MSME Vendors to take note of the same and consider for registration on any TReDS platform and avail the platform services which is being made available as per Government initiative.
2 Firm Prices 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.
3 Payment For Stores/Supplies Unless otherwise agreed to between the parties, HAL will effect payment for the delivery of the stores by Electronic Bank Transfer (ECE/RTGS) to the supplier’s bank account as notified to HAL on submission of bills in triplicate. Payment for the stores on each delivery will be made to the contractor after goods are received and passed by inspection. Normally 30 days will be allowed for inspection after receipt of goods.
4 Statutory Variation Clause Unless otherwise stated in the contract, statutory increase in applicable GST rate only during the original delivery period shall be to Procuring Entity’s/Buyer account. Any increase in the rates of GST beyond the original completion date during the extended delivery period shall be borne by the Supplier. The benefit of any reduction in GST rate must be passed on to the Procuring Entity/Buyer during the original and extended delivery period. However, GST rate amendments shall be considered for quoted HSN code only, against documentary evidence, provided such an increase of GST rates takes place after the last date of bid submission.
H Confidentiality and IPR related clauses:
1 Confidentiality (general clause) 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. The below clause may be considered in case of Indigenous suppliers: (Note: the below part of clause for Indigenous tenders which is to be included in addition to clause 1 Confidentiality (general)) In the development orders, where technical inputs/assistance is provided to the vendors, the Intellectual Property Rights (IPR) will rest with HAL. Vendor will not directly deal with HAL’s customer for these items. Confidentiality clause for Data Sharing with Sub-contractors: (To mandatorily include in all such cases where related data/information defence, drawings etc., are shared as a part of tender/ Purchase Order/ Contract including for subcontract works) For the purpose of this Tender/Contract/Agreement, the Bidder/Contractor/ Supplier shall not store, copy or disclose HAL’s data and information whether in written, machine readable or other tangible form or disclosed orally, that is of value to HAL. Also, Bidder/Contractor/Supplier agrees to use HAL’s data only for the purpose under this Tender/Contract/Agreement, restrict disclosure to any other person or entity or third party and shall safeguard the provided data including from cyber security risks etc. Bidder/Contractor/Supplier should promptly return within 90 days HAL’s data in original media and should not keep HAL’s data, upon expiry of Tender/Contract/Agreement or early termination of Contract/Agreement and certify that HAL’s data has been deleted permanently. Non-adherence to this confidentiality clause by the Bidder/Contractor/Supplier shall be treated, as a material breach of this Tender/Contract/Agreement. The provisions of this clause shall survive and remain in force notwithstanding the termination or expiry of this Contract/Agreement.
2 IPR for Development Activities & Infringement of Third Party IPR (Note: In the development orders, where technical inputs/assistance is provided to the vendors/OEM, the Intellectual Property Rights (IPR) will restwith HAL. Vendor will not directly deal with HAL’scustomer for these items)
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 (IP) 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.
I Miscellaneous/Boilerplate Clauses:
1 Relationship of the Parties: It is understood that each party is an independent party and that all personnel engaged in the work under the Purchase Order/s that are supplied by either party shall in no sense be employees of the other party. It is further agreed that neither party shall have the right to act as the agent or legal representative of the other party or to bind the other party in any respect whatsoever or to incur any debts or liabilities in the name or on behalf of the other party.
2 Counterparts: This Agreement/Contract shall be signed in two counterparts, each of which will be deemed as an original document.
3 Survival of Special Clauses: The clauses dealing with arbitration and confidentiality shall survive and continue to have effect after the expiry or termination for any reason whatsoever of the services placed.
4 Assignment/Subcontract: Neither of the parties of this contract shall be entitled without the other party’s consent to assign or transfer to a third party all or part of the benefits or obligations of this contract.
5 Amendment to Contract/PO Any amendment to Contract/ Purchase Order would be enforceable only if made in writing and duly signed by authorized representatives of both the parties hereto.
6 Waiver Failure of either Party at any time to enforce any of the provisions of this Contract shall not per se constitute a waiver by that Party of any such provisions nor in anyway affect the validity of the Contract or any part hereof.
Sl. No. General Conditions- Part -III (Other Conditions for Indigenous Procurement)
1 Tender conditions: a) Any order, resulting from the enquiry, shall be governed by the General Terms and Conditions of Contract of HAL and any party quoting against this enquiry shall be deemed to have read and understood these terms and conditions and to have quoted subject to these terms and conditions (Enclosed). b) When counter terms and conditions have been offered by a tenderer, HAL shall not be deemed to be governed by such terms and conditions unless specific written acceptance thereof has been given by HAL. c) Any terms & conditions which has not been the part of the bid or Purchase Order, if put forward in subsequent correspondence, shall not be considered by HAL. d) Disregard of any instructions, may result in your offer being ignored. e) Canvassing by tender form, including unsolicited letter on tender submitted or post tender corrections shall render their tenderers liable for rejection.
2 Relaxation of Prior Experience & Prior Turn-over Criteria for Micro & Small Enterprises (MSEs) & Start-ups: Wherever RFQ stipulates qualification/eligibility criteria to be met by bidders such as prior experience and/or prior turn-over, the criterion will be relaxed w.r.t. to all start-ups and MSEs subject to meeting of quality and technical specifications stipulated in the tender. Also vendor shall furnish documentary proof for being MSEs/Start-up as stipulated by the Ministry.
3 Price: The bidder is required to indicate prices against individual items. a) Price quoted should be on F.O.R. Barrackpore Division basis, for delivery at HAL Stores inclusive of all charges including transit insurance. b) Indian Bidder should quote in Indian Rupees and payment will be made in Indian Rupees. c) Tenderers should clearly mention whether the prices hold good when the full quantity of enquiry is not ordered but only a part of it. Unless otherwise mentioned, it would be assumed that the rates hold good even when lesser quantities than those enquired of are ordered. Any increase in prices at a later date for ordering lesser quantities will not be agreed to.
4 Taxes a) (GST clause may be considered, as per applicability). b) Excise Duty (for items not under purview of GST): Excise Duty will be paid only on production of sufficient documentary evidence or a certificate from the Supplier for having paid the Excise Duty at actual. The present rate and tariff details should be indicated.
5 Delivery Deliveries quoted should be firm (or as per the schedule indicated).
6 Terms of Payment: In the event of an order, 100% payment will be made within 30 days of receipt and acceptance at our Stores by RTGS or any other latest Electronic Payment remittance mode. However, in case of Global tenders, domestic vendors may opt for payment through Letter of Credit. Applicable for MSMEs & Start-Ups: That 15% (of the basic price) interest free Advance will be payable against BG of equivalent amount and balance 85% will be paid within 30 days of receipt and acceptance at our stores. In case advance is not sought, 100% payment will be made within 30 days of receipt and acceptance at our stores.
7 Import Content In case the item/product offered by Indian vendor has import content, then the value of import content shall be indicated in the quotation (in FE/ INR as the case may be).
8 Date of Reckoning of Exchange Rate Variation If the products/items/materials quoted by the Indian vendors involves import content, then the value of import content needs to be indicated in the offer (in FE). Further, vendor should indicate whether Exchange Rate Variation (ERV) is applicable on the FE content declared by the vendor. If ERV is applicable, ERV reckoning date shall be the last date of submission of commercial bids (i.e. due date of the tender). For purpose of making ERV payment, actual value of import (to be supported by BOE, etc.) or declared value of import in bidders quote whichever is lower to be considered for calculation of ERV based on TT selling rate on the date of BOE. Exchange rate variation on the higher side, shall be paid by the HAL and similarly any exchange rate variation on lower side i.e. price reduction, to be passed on to HAL.
Sl. No. General Conditions- Part -IV (Other Conditions for Foreign Procurement)
1 Price: a) The bidder is required to indicate prices against individual items. Prices quoted should be in the currency of the country of supply or any other convertible foreign currency (to be specified by HAL in line with RBI/ FEMA rules). b) HAL being manufacturers, bidders to indicate in the quotation manufacturers discount if any. c) Bidders to confirm that: (As applicable) i) The prices quoted are the lowest export price and is the same as they would normally quote to Govt. Department. ii) The price is in terms of the appropriate clause of the Licence Agreement. (Where Licence Agreement is in vogue). d) Price quoted should be net FOB/FCA, export packed/FAS Vessel with no extra charge whatsoever. e) (Optional Clause:) Bidder should indicate separately cost of services rendered in India if any. f) If, for special reasons, bidder prices are Ex-Works or F.O.B. plant, bidder must prepay inland transportation’s. Port dues and shipment charges up to F.O.B. vessel at port of shipment and claim this amount of actual along with the price of the goods through bank. Bidder’s quotation should indicate clearly the extent of such charges. g) Tenderers should clearly mention whether the prices hold good when the full quantity of enquiry is not ordered but only a part of it. Unless otherwise mentioned, it would be assumed that the rates hold good even when lesser quantities than those enquired of are ordered. Any increase in prices at a later date for ordering lesser quantities will not be agreed to. h) Preference will be given to firm prices. But should quoted prices be subject to variation, bidder is requested to give the following information: i) The portion of the contract price which will be subject to such variation ii) A breakdown of this variable figure into i) labour ii) materials iii) An escalation formula linked to indices with a Cap should be given and escalation in price established with supporting documents. Price variation may be considered only if it occurs within the contractual delivery period. iv) A further break down of materials giving the main classes of material involved i.e. steel, nonferrous metal etc.
2 Terms of Payment: a) In accordance with our standard practice, payment against any order materializing out of your offer, will be against presentation of documents through the State Bank of India (mention HAL’s Banker), India. b) As a matter of policy HAL arrange payments to the extent of 80%, through SIGHT DRAFTS presented through our Bankers. 20% after delivery and acceptance and fulfillment of all contract obligations and on the submission of Performance Bank Guarantee for 10% of the order value to cover the warranty period. c) If under unavoidable situations payment has to be made through Letter of Credit, the same can be established for 80% of the order value before three months from the date of dispatch. All bank charges are to be borne by the vendor. Balance 20% will be paid directly through bank after delivery and acceptance and fulfillment of all contract obligations and on the submission of Performance Bank Guarantee for 10% of the order value to cover the warranty period.
3 Taxes: a) In respect of Foreign bidders, bidders has to bear all taxes, duties and levies payable in their country and HAL will bear all statutory levies, other than withholding tax and Goods & Service tax, payable in India. b) Withholding Tax (If applicable appropriate clause needs to be included in the RFQ). i) HAL would be deducting at source applicable Income Tax as per Government of India Rules applicable at the time of making payments in respect of services rendered in India. (Generally on the amounts towards services like training, technical assistance offered by the bidder and Licence fees). As per the Rules, Income tax has to be borne by the recipient of the Income and relevant certificate to this effect will be issued to the bidder on deduction of such amounts, if applicable. ii) Bidder should bear the applicable withholding income tax in India. Tax would be deducted at source by HAL as per Double Taxation Avoidance Agreement (DTAA) where the bidder could claim the benefit of double taxation in their country as per the bilateral agreement between the two countries. Certificate to this effect would be issued by HAL to enable the bidder to claim the benefit under DTAA. iii) Bidder is required to indicate the PAN No. issued by Indian Income Tax Authorities.
4 Delivery: a) Deliveries quoted should be firm (or as per the schedule indicated). b) Please confirm whether the item/equipment quoted/ offered is of-the-shelf or to be manufactured specific-to-type. If the items/equipment is manufactured specific-to-type, bidder to quote firm delivery schedule taking into consideration of the period actually required based on the complexity of the equipment. In the event of an order, HAL reserve the right to claim towards liquidated damages on the undelivered part of the order. This clause will be strictly followed by HAL. Therefore your delivery schedule should be firm and definite. c) If installation and commissioning of the equipment is required to be done by bidder at HAL site, bidder to indicate the period required for the above job from the date of intimation of readiness of site at our premises. d) Bidder to note that the delivery schedule should be for: i) Period required for the delivery/dispatch of equipment and ii) Period required for installation and commissioning of the subject equipment after intimation from HAL about readiness of the site.
5 Export Licence Vendors should categorically confirm the availability/ability to obtain of export license from their government for exporting the system. Vendor shall be required to obtain and maintain all Export/Import licenses and permits etc., as the case may be, required for performing supplies against this tender. Obtaining export license shall be entire responsibility of the vendor.
6 Rights of Sale and Utilisation – Export Licence/ Re-Export Permission i) As the requirement is for Military/Civil application a specific confirmation from Bidders/Sellers on availability of export license from their respective Government should be provided and a copy of such relevant permission/license issued should be enclosed. ii) Bidders/Suppliers shall be required to obtain and maintain all Export/Import licenses and permits etc., as the case may be, required for performing supplies against this tender. Obtaining export license and timely availability shall be entire/sole responsibility of the Bidders/Suppliers, which forms a part of obligations of the contract. However any unforeseen delay should be promptly informed to HAL with proper justification. If End user certificate is required from HAL, the format of the same may be enclosed with this offer. iii) Bidders/Suppliers may indicate status of export permit based on the present rules/regulations of their respective country and normal time frame for obtaining such export permission if an order is placed in near future and the said time frame should be covered within the delivery schedule indicated. iv) Bidders/Suppliers should also confirm that necessary clearances are available/ will be made available from their Governmental authorities regarding the sharing of technical data required for integration purposes with other vendors of Aircraft/Helicopter on a need to know basis. v) Clearance in unequivocal terms also needs to be accorded regarding export of the equipment fitted as a part of the military and civil variant Aircraft/Helicopters, spare LRUs, modules & components and service support when such activities are undertaken by HAL India to other countries. Reservations if any may be specifically indicated as a part of the Bid. vi) Bidders/Suppliers to confirm that there are no restrictions for exporting HAL Aircraft/helicopters to any country, fitted with the LRU/Systems/items offered/supplied by them. vii) Buyer (HAL) will have exclusive worldwide sale and support right for all supplies under contract if specifically developed and funded by HAL. Any enquiry received on such equipment shall be directed to Buyer and Bidder/Seller will not directly sell/support/service without prior concurrence of Buyer. For all development orders all the Intellectual Property Rights (IPR) will rest with Buyer. viii) The prices to be quoted by Bidders/Sellers for exports should be competitive in international market scenario. ix) In case of grant of Rights for Transfer of Technology (ToT) to Buyer for manufacture and/or Repair and Overhaul (RoH), then Buyer will have exclusive rights for worldwide sale of the Aircraft/ Helicopter incorporating the items manufactured/ Repaired & Overhauled under ToT.
7 Limitation of Liability Except in cases of criminal negligence or wilful misconduct, the aggregate liability of the Supplier to the HAL, whether under the contract, in tort or otherwise, shall not exceed the total or 100% of the Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Supplier to indemnify the HAL concerning IPR infringement.
8 Option Clause HAL reserves the right to order additional quantities up to % of the ordered quantity as per the price, terms & conditions of the resultant contract during the currency of the contract. It is entirely at the discretion of HAL to exercise this option. The additional quantities may be ordered in staggered manner in different years of supply at the discretion of HAL at any time during the currency/period of Contract.
9 Others a) In the case of airborne material, the same should be covered by a Release Note or Airworthiness Certificate countersigned by person/s authorized by Government Airworthiness Certifying Authority. b) Please furnish list of similar equipment supplied in or anywhere in India with customer’s full address, value and telephone/telex etc. (if applicable) c) Please indicate if any training arrangements for item/system in India and factory acceptance test if required. (if applicable) d) Please also indicate necessary onsite technical support during installation of the system at no extra cost. e) Vendors should ensure the availability of spares of the offered products for a period of 10 years. f) Two sets of operation manuals/ maintenance manual should accompany the system at no extra Cost. (if applicable) g) Please also indicate status of export permit based on the present rules/regulations of your country and normal time frame for obtaining such export permission if an order is placed on you in near future and the same should be covered within the delivery schedule indicated. h) Suppliers (OEMs) while submitting the proposal should categorically declare that items quoted by them are their own manufactured products and are not resold (2nd sale). Offers without such declaration are likely to be ignored. i) Quotation should accompany the detailed catalogues and literature. j) Vendor should confirm that they are the original manufacturer of the stores referred to in this contract and has not engaged any individual or firm whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, the award of the contract to the seller nor has any amount been paid or intended to be paid to any such individual or intended to be paid to any firm in respect of any such intercession, facilitation or recommendation, vendor accepts that if it is established that the present declaration is in any way incorrect and if at any later stage it amount/commission to such individual/firm, vendor will be liable to pay the similar amount to HAL for engaging such individual/firm and making the payment as commission. In addition, vendor will also be debarred from entering into any supply contract with the Ministry of Defence, Government of India as specified by them. Vendors shall also consider cancellation of the contract without any entitlement or compensation to vendors who shall also be liable to refund all payments made by HAL in terms of the contract along with the interest at the London Inter-Bank Offer Rate (LIBOR). k) The Harmonized System of tariff nomenclature against the items for which quotation is rendered should be indicated. l) HAL conditions of contract will govern any resultant order arising out of the enquiry (copy on application) and bidder’s quotation will be subject to the said conditions. m) Bidder is required to send REGRET REPLY, in case the subject item is not covered in bidder’s range of products.
Sl. No. Additional Clauses: (other than Part – I to IV)
1 Force Majeure: (for Indian Vendor) (Note: This clause is for reference only, to be included only if insisted by the Vendor/Supplier): On the occurrence of any unforeseen event, beyond the control of either Party, directly interfering with the delivery of Services arising during the currency of the contract, such as war, hostilities, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, or acts of God, the affected Party shall, within a week from the commencement thereof, notify the same in writing to the other Party with reasonable evidence thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the contract as far as reasonably practicable and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. If the force majeure condition(s) mentioned above be in force for 90 days or more at any time, either party shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days’ notice to the other party in writing. In case of such termination, no damages shall be claimed by either party against the other, save and except those which had occurred under any other clause of this contract before such termination. Notwithstanding the remedial provisions like Liquidated Damages or Termination, none of the Party shall seek any such remedies or damages for the delay and/or failure of the other Party in fulfilling its obligations under the contract if it is the result of an event of Force Majeure.
Force Majeure: (for Foreign Vendor) (Note: The Force Majeure clause may be included only at the request of Supplier only and not voluntarily by HAL) If at any time during the execution of the supply order, the performance in whole or in part by either HAL or and by Supplier is delayed by any reason of force majeure situations such as: i) earthquakes, landslides; ii) explosion and fire, unless as a direct result of Supplier negligence or acts or omissions; iii) riot, commotion, sabotage or civil disorder, unless solely restricted to employees of Supplier; iv) contamination by radio-activity from any nuclear fuel, nuclear waste or radio-active toxic explosion; v) War, hostilities (whether or not war is declared), invasion, act of foreign enemies or embargo; vi) Rebellion, revolution, insurrection, or military or usurped power or civil war. vii) Any natural calamities like epidemics or pandemics as declared by Government or any Government sanctions imposed from time to time. Acts of God & laws of respective governments or any other causes beyond the control of either parties, hereinafter referred to as "events", provided notice of the occurrence of such event/s is/are communicated by either party, to the other party within 21 days from the date of occurrence thereof, neither party shall by reason of such events be entitled to terminate the contract nor shall either party have any claim for damages against the other in respect of such non-performance and or delay in performance of the contract / order. Executions on either side shall be resumed as soon as practicable after such event has come to an end or ceased to exist and the decision of HAL as to whether activities can resume or not, shall be conclusive and final. Occurrence of the event to be certified by Chamber of Commerce / Indian High Commission or Embassies / Government in that Country. The performance in whole or in part under the captioned order/ contract is prevented or delayed by reason of any such event for a period exceeding sixty days either party may at its option terminate the contract / further processing of the order/contract. The relative obligations of both the parties remain suspended during the actual period of force majeure.
The effected Party shall take all necessary measures and steps to mitigate the delay upon resuming the works or on end of the force majeure event. The HAL may extend the delivery schedule as mutually agreed, on receipt of written communication from Supplier regarding occurrence of 'Force Majeure' conditions, but not exceeding three months from the scheduled delivery date. If the 'Force Majeure' conditions extend beyond this period, the HAL shall have the right to cancel the order without any financial implication to Supplier or on terms mutually agreed.
2 Obsolescence Supplier shall continue to support the equipment for a minimum period of 30 years from the date of supply by making available spare parts and assemblies of the equipment supplied. For any reason Supplier wishes/ decides to close/ discontinue the line for manufacture of the products or procurement of certain components, sub-components, Supplier undertakes to notify such a decision to HAL by means of a prior 3 years notice (before closure of the said production line) in writing so as to enable HAL to place buy order/a life time buy of all spares before closure of said production line. Supplier will transfer tools, drawings etc., to HAL after such notice period. Supplier shall indicate the source from where HAL can procure these items. The said aspect would also form an integral part of the contract.
3 Advance Payment Bank Guarantee (ABG) In case if Advance Payment is considered by HAL, then % of Interest free advance of the basic value of contract is allowed, subject to furnishing Bank Guarantee (in HAL’s prescribed format only) from a scheduled commercial Bank (other than Cooperative Bank) for Indian Vendor or from a Bank of International repute for Foreign Vendor for an amount equal to 100% of the advance released. In case of Vendor being DPSU/CPSU’s then the Advance BG shall be admissible in the form of Indemnity Bond.
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