SUPPLY OF VARIOUS TYPES OF PAINTING MATERIALS AND SUPPLY and INSTALLATION OF MIRRORS TO H.A.L MANAGEMENT ACADEMY, BANGALORE

10" Paint roller (Interior)

3" Painting Brush

4" Cleaning Brush

4" Painting Brush

Abro tape 1"

Acrylic Emulsion Paint - White

Emery sheet 180 Grit

Enamel Paint - Black

Enamel Paint - Light gray

Enamel Paint - Red

Enamel Paint - White

Enamel paint - Yellow

Enamel roller set - 4"

Enamel Thinner

NC Paint (Nitrocellulose-Based Paint)

NC Primer

NC Thinner

Polish powder - Yellow Oxide

Polish powder -Black Sienna

Polish powder -Burnt Sienna

Polish powder -Raw Sienna

Polish powder -Turkey Umber

Putty blade 4"

Putty blade 6"

Supra clean 42 or Carbon tetrachloride (CTC) or any equivalent cleaning agent

Wall Putty powder

Wood Polish

TOTAL AMOUNT FOR FULL QTY (Incl GST) (in numbers)

TOTAL AMOUNT FOR FULL QTY (Incl GST) (in words)

Specific Terms & Conditions (Package-1)

Agency to quote for supply of all items as the PO will be placed on package basis.

Payment will be made only after all the ordered items have been supplied. No part payment will be released. Payment will be released after supply of all the items and acceptance by the user within 30 days of the receipt of the invoice.

All items to be supplied maximum within 15 days of the release of the PO.

TECHNO- COMMERCIAL BID (PACKAGE-2)

Supply & Fixing of 6 mm thick mirrors in various locations and assorted sizes (Annexure- II) with edge polish, mirror holes and fixed with mirror screws over a support of 18mm thick water proof plywood and fixed with wood screws and double side adhesive tape wherever required. The plywood sides to be painted with fine finish. Including removal of existing glasses and taking out old broken discarded pieces out of the campus and dispose.

TOTAL AMOUNT FOR FULL QTY (Incl GST) (in numbers)

TOTAL AMOUNT FOR FULL QTY (Incl GST) (in words)

Specific Terms & Conditions (Package-2)

Existing mirrors to be removed and surfaces to be cleaned before fixing new mirrors.

Before supply of the items, the agency needs to take the approval from HAL for the brands of glass, plywood and tapes as mentioned in the RFQ.

Maximum within 10 days of the release of the PO, agency should conduct the site survey and submit the schedule of the delivery.

Maximum within 1 month of the release of the PO, all items listed in Annexure-1 need to be supplied and fixed. Balance quantity, if required, will be released maximum within 2 months after the completion of the supply for the locations given in Annexure-1.

Removed mirror pieces to be packed properly & carefully and taken out of the campus for the safe dissposal. The cost towards cllection of the broken pieces of the mirror, loading, unloading, transportation etc will have to be covered under the quoted prices. No addiitional payment towards the same will be applicable.

General Terms & Conditions

Purchase Orders will be placed on package-wise basis (package-1 and package-2). Bidders have to quote for all items.

Delivery schedule : As mentioned in specific terms & conditions of respective packages. All items have to be delivered at HAL Management academy, Marathalli Post, Bangalore-560037.

Whever preferable brands / makes are mentioned, bidder should quote for only those brands / makes. For such items, any other brands / makes will not be acceptable.

Where items offered have a limited shelf-life, kindly 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

Payment will be made only after all the ordered items have been supplied. No part payment will be released. Payment will be released after supply of all the items and acceptance by the user within 30 days of the receipt of the invoice through ECS / RTGS / NEFT only. All bidders have to submit their bank details along with the bid.

Rates should be quoted For free Delivery to HAL Management Academy, Marathalli , Bangalore-560037.

The price quoted should be inclusive of all applicable taxes & duties and the same should be indicated clearly.

The quotation should be firm and valid for a period of 90 days from the due date.

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.

In respect of two bid system, technical bid will be opened on the tender opening date. After technical evaluation, the Price bids of those bidders who are technically acceptable will be opened.

Applicability of the Taxes (GST 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.

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.

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.

All the Bidders should ensure that they are GST compliant and their quoted tax structure/ rates as per GST Act/ Rules. Bidder should be registered under GST and furnish GSTIN number and GST Registration Certificate in their offer unless they are specifically exempted from registration under specific notification/ circular/ section/ rule issued by statutory authorities.

Prices quoted should be firm and remain fixed till the execution of the order and acceptance by HAL including exchange rate variation.

Liquidated Damages: Vendor shall deliver and install (whever applicable) and handover the items within the time schedules mutually agreed as specified in the purchase order. In the event of any delay, HAL reserves the right to recover liquidated damages @0.5% per week of the value of the delayed part of the project subject to maximum of 10% for the duration of delay. HAL reserves the right to cancel the order without notice, if the work is not completed in time and also reserves the right to seek alternatives and services from other sources at the risk and cost of vendor.

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

In the event of unsatisfactory performance by the Vendor during the contract period, or any of the information provided by the Vendor is found to be untrue, or Vendor is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with 15 days advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a Vendor is engaged in unethical practices, they shall be barred from participating in the future contracts for a period of 1 year.

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

Indemnity: The successful bidder/Vendor 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 Vendor.

Risk purchases: The Vendor 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 Vendor 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 Vendor and any extra expenditure incurred due to this purchase is payable by the Vendor.

Vendor should ensure satisfactory supply of all the Items to the satisfaction of HAL within the agreed time schedule and arrange Receiving/Acceptance certificate from stores (HMA).

The Vendor should submit valid documentary proof of GST registration number and the details of Income Tax registration (PAN).

HAL reserves the right to verify / seek confirmation of all original documentary evidence submitted by vendors in support of above mentioned clauses of eligibility criteria. In case any information furnished by the vendor is found to be false / incorrect at any stage, the bid shall be summarily rejected and no correspondence on the same shall be entertained.

No payment towards Taxes & Duties not specified in the offer shall be applicable and shall not be payable by HAL. In case the taxes are not mentioned the rate will be considered as all inclusive of taxes.

Personnel engaged at HAL sites to carry out the work shall be considered employees of the Vendor. They should respect and follow local rules and regulation. Housing, transport, food etc. and safety at the sites, of Personnel engaged at HAL sites shall be the responsibility of vendor.

HAL reserves the right to verify / seek confirmation of all original documentary evidence submitted by vendors in support of above mentioned clauses of eligibility criteria. In case any information furnished by the vendor is found to be false / incorrect at any stage, the bid shall be summarily rejected and no correspondence on the same shall be entertained. Vendor has to upload their company details, GSTIN, PAN , Bank details along with the technical bid.

For default: In case of any default by seller, HAL shall be fully entitled to cancel the order without any financial implications on HAL.

HAL’s decision as regards acceptance/rejection of goods, in part or full, shall be final and binding on the parties. Such acceptance/ rejection shall not be unduly delayed and will not exceed 2 weeks in any case.

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.

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.

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, Vendor 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.

Settlement of Disputes and Arbitration Amicable Settlement: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by bilateral discussions. In case of technical disputes involving confidential matters, the issue shall be referred to a high level technical authority for each party, appointed for this purpose. Any dispute, which cannot be settled amicably as above within 60 days from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, shall be settled by Arbitration.

Arbitration: The Arbitration Proceedings shall be conducted in India under the Indian Arbitration and Conciliation Act, 1996 and its subsequent amendments from time to time. The award of such Arbitration shall be enforceable in Indian Courts only. The 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.

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.

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.

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.

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

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.

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/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.

The order will be governed by HAL’s terms & conditions only as indicated in this RFQ. Hence any counter terms and conditions of vendor will not be acceptable. In case any vendor intends to offer any of his own terms, the same should be incorporated as deviation to HAL’s respective terms and acceptance / rejection of counter terms is at the discretion of HAL.

We have read and understood all the above mentioned terms and conditions.