SUPPLY OF WIRE END FITTING

Other Requirements;

Supply should be from latest batch of manufacture and subject to Acceptance at ARDC, HAL.

a. Supply shall accompany OEM COC i.e. M/s.SATAIR, DENMARK. Offers without confirmation to provide OEM COC (M/s.SATAIR, DENMARK) are liable for rejection.

Delivery : Vendors to indicate shortest possible lead time of supply from the date of placement of Purchase order

Bidder’s country which shares a land border with India: All the participating bidders have to mandatorily submit the relevant certificate as per format attached as ANNEXURE-II A and Annexure-IIC (either Type-I or Type-II), at the time of submiting the Technical bid along with their offer. Refer Annexure-II, Commercial Terms and Conditionss

Biding Quantity: The offered price should be the exact quantity requested in the RFQ,

IMPORTANT NOTE: It is noticed that vendors are not uploading the relevant documents in the bid also not filling the compliances requested in RFQ. Due to this there is abnormal delay noticed in the procurement process in this regard following to be noted for complains:  Each place requested for compliances are to be filled completely in the technical compliance sheet. In case vendor has left blank it will be treated as vendor has not quoted for that item and that particular item will be technically rejected. Hence you have to fill all the places mandatorily.

Additional Information if Any:

Annexure-2

Aircraft Research and Design Centre HINDUSTAN AERONAUTICS LIMITED Marathahalli Post Bangalore - 560 037. INDIA

COMMERCIAL TERMS AND CONDITIONS - PART OF TECHNICAL BID

Tender Ref. No: D/IMM/COM3/5461/03/2379/1

Name of the Vendor/ Firm: (To be indicated by vendor / firm)

Quotation Ref. No.: (To be indicated by vendor / firm)

PLEASE INDICATE YOUR RESPONSE/ COMPLIANCE/ ACCEPTANCE TO THE FOLLOWING TERMS (MANDATORY) AND UPLOAD AS A PART OF TECHNICAL BID. IN CASE OF ANY PRICE INFORMATION PROIVIDED IN TECHNICAL BID, EVEN IN THE FORM OF PDF, THE TECHNICAL BID WOULD NOT BE CONSIDERED FOR EVALUATION AND TREATED AS INVALID.

COMMERCIAL TERMS & CONDITIONS

Delivery and Passing of Property & Risk:-

Delivery and Passing of Property shall be as per INCOTERMS 2020 in respect of F.C.A, International airport in the country of origin. Note: 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 For Indian Vendors: The delivery terms should be F.O.R., HAL, ARDC Division Stores basis & price quoted should be on FOR HAL ARDC stores inclusive of all charges including transit insurance (The charges for Packing, Freight & Delivery to HAL,ARDC, Bangalore shall be borne and paid by Supplier. Supplier shall insure the goods-in-transit at their own cost).

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

Price :

Quotations submitted in foreign currency will be converted to Indian Rupees (for comparison purpose) by adopting the TT-selling rate prevailing on the date of technical bid opening as indicated in www.exim.net. For any reason, if the exchange rate is not available on the date of tender opening, the nearest past available exchange rate will be adopted.

Validity of quote:- Quote should be valid for 120 days from the closing date of the present RFQ.

Delivery period: Vendors to indicate shortest possible lead time of supply from the date of placement of Purchase order.

Payment Terms:- For supply of items: 100% payment will be made within 30 days after delivery and acceptance of items at our Stores. All payments will be done by way of NEFT / RTGS/ SWIFT Electronic Payment remittance mode. For the purpose of making payments, vendor to provide the following; a) Original Ink signed Commercial Invoice, b) Airworthiness certificate/ Certificate of Conformance / Release Note etc., as applicable c) Acceptance test report (ATR) for system or its components, spares as applicable. d) Any other documents specifically mentioned in the Purchase Order. e) Foreign vendor is requested to furnish the bank details in SWIFT form to Swift code:SBININBB147, SBI HAL branch and forward us a copy of Swift transfer details for our reference.

In case, the vendor does not accept the above payment terms and proposes alternative terms then HAL will appropriately adjust the quoted prices to account for the effects of the differences in payment terms. Although the exact adjustment will differ on a case by case basis, the following adjustments will mandatorily be made for making all the bids strictly comparable independant of the actual payment terms quoted by bidders. i) In case of Letter of credit, the estimated bank charges for operating the LC will be added to the quoted price. ii) The effect of time value of money arrising out of differing payment terms will be computed using an appropriate discount rate and will be added to the quoted price.

TAXES (for Indian Bidders)

Special Instruction for Foreign Service Providers regarding PAN: The current procedure for obtaining PAN for Foreign suppliers/service providers is available at website: https://tin.tin.nsdl.com/pan (refer Form 49A -online application for new PAN) PAN is required to facilitate deduction of Tax at source(TDS) as per prevailing rates towards payment against services rendered as mentioned above against contract emanating against subject RFQ, failing which tax will be deducted at the highest of the rates as indicated above. Important: The appropriate loading of TDS at applicable rate will be done during commerical evaluation of offers, in case of vendors who insist for payment net of Indian taxes.

Warranties:- Vendor warrants as follows: i) All items delivered are free from defects in materials and workmanship. ii) All items delivered are in conformance to the specification and are fit for the intended purpose. iii) It shall be ensured that HAL shall have clear and undisputed title to the goods supplied under the contract.

For non compliance of Warranty period, Loading factor of 2% (i.e. 0.02*Q*(WR-WQ)/12 ) shall be loaded on quoted amount during commercial evaluation. Where WR: WARRANTY IN MONTHS AS PER RFQ , WQ: WARRANTY OFFERED IN MONTHS & Q: QUOTED PRICE

Restrictions on procurment from bidders from a country which shares a land border with India:

“Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated herein before, including any agency branch or office controlled by such person, participating in a procurement process.

Liquidated Damages:- In the event that any supply under the PO/contract is delivered later than agreed schedules in the PO/contract, liquidated damages will be payable / deducted from Invoice equal to 0.5% for every week of delay or part thereof on the delayed portion of the order subject to a maximum of 10% of the value of the delayed item. In case of bidders not agreeing for LD clause or willing to accept a maximum percentage which is less than 10%, then, 10% of the quoted price or the difference in value between 10% of the price and the maximum agreed by the vendor will be added to the actual quote submitted by the vendor for comparision with other bidders in order to determine the lowest bidder.

For non compliance of LD clause, Loading factor of 2% (i.e. 0.02(10- L)*Q/10) shall be loaded on quoted amount during commercial evaluation. Where L: MAXIMUM RATE OF LD AGREED & Q: QUOTED PRICE

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,

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

Requirements of ISO 14001:2015; Environmental Management System (EMS): I. Information about potential significant environmental impacts associated with transportation, delivery, use, end-of-life treatment and final disposal of its products and services may be provided II. It is desired that Environmental Friendly Materials, Systems and Processes are used with the lifecycle perspective to have minimal impact on the Environment while delivering the product/service

Requirements of ISO 45001:2018 Standard: The vendor/Supplier/ contractor shall ensure requirements with respect to ISO 45001:2018 standard guidelines clause A 8.1.4. This includes equipment’s, installations and materials are safe for use by workers as intended by ensuring: -equipment is delivered according to specification and tested to ensure it works as intended -installations are commissioned to ensure they function as designed -materials are delivered according to their specifications -any usage requirements, precautions or other protective measures are communicated and made available (E.g. Safety instructions, Hazard communication Symbols, SDS, Etc.)

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 cure date, the item should not have been manufactured earlier than 6 months of dispatch.

Packing:- Each item / deliverable will have to be packed in such a manner as to avoid damage during transit, handling, etc., and damage /deterioration due to climatic conditions. Batch number and date of manufacture & identification details and handling instructions should be printed / written on labels of the deliverables.

The supplier should ensure that manufacturer batch no. is indicated on all the materials supplied.

Vendor shall provide the information about potential significant Environmental impacts associated with transportation, delivery, use, end-of-life treatment and final disposal of the products and services.

It is desired that Environmental Friendly Materials, Systems and Processes are used with the life cycle perspective to have minimal impact on the Environment while delivering the product / service.

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

Language: All correspondence between the Parties, as well as all documentation, manuals, software listings and other writings, in connection with this Contract shall be in the English Language.

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.

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.

SHORT CLOSURE OF CONTRACT:- HAL reserves the right to short close this contract with three month prior notice to the vendor at any time during the tenure of the contract. The financial settlement entailed by such action shall be finalized based on the principle of equitable price adjustment and shall be based on discussions and mutual agreement.

Jurisdiction:-The competent Court at Bangalore, India shall only have Jurisdiction to deal with and decide any legal matter whatsoever arising on account of formulation or execution of this Contract.

Applicable Law:- The contract shall be governed by and interpreted in accordance with the laws of the Republic of India.

Non Assignment to third Party:Vendor shall not be entitled without HAL’s consent to assign or transfer to a third party all or part of the benefi ts or obligations under this contract.

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

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 of 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, cause of action or thing whatsoever arising out of or under this agreement.

Fall Clause: i) The prices charged for the stores supplied under the contract by the Vendor shall in no event exceed the lowest price at which the Vendor sells the stores or offers to sell stores of essentially identical description or specification to any persons/organizations including the purchaser of any Department of the Government of India or any Department of the Indian State Governments or any Public undertaking of the Central or State Governments, as the case may be during the period till the performance of the supply order against the order/contract is completed. ii) If at any time during the said period, the Contractor reduces the sales prices, sells or offers to sell such stores to any person/organization as mentioned above at a price lower than the price chargeable under the present order/contract, the contractor shall notify HAL of such reduction/sale or offer of sale and the price payable under the present contract for the stores supplied after the date of coming into force of such reduction or sale or offer to sale shall stand correspondingly reduced.

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 three month’s advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a Seller has engaged in unethical practices, they shall be barred from participating in the future contracts with HAL for a period of three years. ii. If there is change in Buyer requirement, contract shall be terminated with three months' advance notice. The liability of Buyer in this case will be agreed mutually. In the event of termination of contract by either party, the 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 takes over the balance work. b) Transfer title and deliver all or any part thereof of the supplies, materials, work-inprogress, 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 two 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 six months). v. Based on the decision of the Arbitration Tribunal.

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.

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

RISK PURCHASE: 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.

Any query related to tender (like due date extension, technical clarification, etc.) needs to be sent to HAL directly. The name and contact details of HAL personnel to whom queries related to tender to be sent are as below:- i) CHANDRAMOULI GB, CM (IMM) ii) HS Thyagarajamurthy, AGM (IMM) Aircraft Research & Design Centre, Aircraft Research & Design Centre, Hindustan Aeronautics Limited, Hindustan Aeronautics Limited, Marathahalli Post, Marathahalli Post, Bangalore - 560037 Bangalore - 560037 Ph: 080 - 2232 4341 Ph: 080 - 2232 4357 Fax: 080 - 2231 7132 Fax: 080 - 2231 7132 E-mail: [email protected] E-mail: [email protected]

ANNEXURE-3

Please fill the details in cells shaded with colour

AIRCRAFT RESEARCH & DESIGN CENTRE HINDUSTAN AERONAUTICS LIMITED Marathahalli Post Bangalore - 560 037. INDIA

PRICE BID - ANNEXURE-3

Tender Ref. No.: D/IMM/COM3/5461/03/2379/1

Name of the Vendor/Firm:

Quotation Ref. No.:

PLEASE FILL ALL THE DETAILS OF PRICES, ETC AND UPLOAD THE SAME EXCEL FILE AS A PART OF YOUR PRICE BID. BIDDERS HAS TO FILL PRICES CAREFULLY. ANY TYPOGRAPHICAL ERROR SHOULD NOT BE CONSIDERED AT LATER STAGE.

Part No.

Any other Information: