30 Tender Document

7/28/2019 30 Tender Document

1/34

1

Hindustan Aeronautics Limited

Aircraft DivisionBangalore Complex

Vimanapura Post, Bangalore 560 017 (INDIA)

TENDER DOCUMENT

Name of the Work : Service contract for Customs Clearance and

Transportation for Air & Ocean Imports of AircrafDivision, HAL for a period of 02 years.

Estimated Value : Rs. 28Lakhs Per Annum.

Tender Document No. : HAL/A/CC/SC-30/05-2012

Tender Type : TWO BID SYSTEM

Tender Document Fee : Rs. 2100/-

EMD : Rs. 28,000/-

Due Date for Submission of Tender :18/06/2012, 14.30Hrs. (18th June, 2012,

14.30Hrs.)

Date & Time of Opening Technical : 19/06/2012, 10.00Hrs. (19th June, 2012,

Bid 10.00Hrs)

Contract Period : 2Years


2/34

2

TABLE OF CONTENTS

TECHNO-COMMERCIAL (UN-PRICED) BID

1 INVITATION FOR TENDERS (IFT) 3 - 4

2 E-TENDER INSTRUCTIONS 5 - 6

3 INSTRUCTIONS TO TENDERER (ITT) 7 - 8

4 TECHNICAL EVALUATION CRITERIA (TEC) 9 - 10

5 SCOPE OF SERVICE (SOS) 11 - 16

6TENDER GENERAL TERMS & CONDITIONS

(TGTC)17 - 21

7 SPECIAL CONDITIONS OF CONTRACT (SCC) 22 - 23

8 ANNEXURES (1 to 8) 24 - 34


3/34


4/34

4

2. This is a Two Bid Tender. Techno-Commercial (Un-Priced) Bid and Price Bid are to be filled separately as per thattached format & uploaded.

3. Tenderer shall submit Tender Document Fee (non-refundable) of Rs. 2100.00 (Rs. Two Thousand One Hundreonly) and Earnest Money Deposit (EMD) amount of Rs. 28,000.00 (Rs. Twenty Eight Thousand only) by way o

Demand Draft in favor of Hindustan Aeronautics Limited and payable at Bangalore.

4. Those Tenderers registered under Micro / Small / Medium Enterprise under the MSMED Act 2006 are exempteonly from submission of EMD, provided they submit relevant documentary evidence to prove the same. Howeve

they are required to submit the Tender Document Fee as stated above.

5. The Earnest Money Deposit of unsuccessful Tenderer will be refunded on finalization of the Contract. In case of thsuccessful Tenderer, the Earnest Money Deposit will be returned on submission of the required Bank Guarantee

DD towards Security Deposit. The Earnest Money Deposit is liable to be forfeited in case the Accepting Officer fee

that the Tenderer is not bonafide or the Tenderer modifies or revokes the tender after its submission. The decisio

of the Accepting Officer is final and binding on the Tenderer.

6. The scanned image of the DD's towards Tender Document Fee & EMD are to be uploaded online along with otheTender Documents and details such as DD No., DD amount & Bank details shall be provided while uploading th

Technical Bid Data and the original DD's shall be submitted on or before the due date and time for submission o

the Bids to the following address, failing which the offers shall not be considered.

Dy. Manager (Contract Cell),

Room No. 73, Ground Floor,Main Factory Administrative Building,

Hindustan Aeronautics Limited,

Aircraft Division, Old Airport Road,

Vimanapura Post, Bangalore 560017,

Karnataka, India.

Ph. No. 080-22321585 / 22322247.

7. Date and Time of Opening of Techno-Commercial (Un-Priced) Bid: 19/06/2012, 10.00Hrs (19th June, 20110.00Hrs.)

(Note: If the particular day happens to be a declared holiday in Aircraft Division, HAL, Bangalore, the next workin

day shall be considered.)

8. Price Bid Opening: Date & Time shall be intimated later to only those tenderers who are qualified in the TechnicaBid.

9. Contact Person: Dy. Manager (Contract Cell), Hindustan Aeronautics Limited, Aircraft Division, Bangalore 560017Karnataka, India.

Ph. No. 080- 22321585, Fax: 080-22315188.

e-mail: [email protected]

For and on the Behalf of


Dy. General Manager (M-2)

Aircraft Division, Bangalore.


5/34


6/34

6

4. The bids should be submitted in TWO BID System [Techno-Commercial (Un-priced) bid and Price Bid] aper the instructions given at Instructions to Tenderers (ITT).

(Note: Each document size (attachment size of document) for uploading in e-procurement portal

restricted to 5MB. If the size of the document is more than 5 MB, you are requested to Zip /split the fi

size and submit as applicable.)

5. The Commercial offer (Price bid) should not be submitted in hard copy. Offer submitted through eprocurement portal will only be considered.

6. Submission of Tender Document Fee & EMD (Earnest Money Deposit): Strictly as per the instructiongiven at Instructions to Tenderers (ITT).

(Refer Tender Terms & Conditions for details regarding submission of Tender Document Fee & EMD

including value etc. Tender Document Fee & EMD is mandatory)

7. The tender (bids) should be submitted online at website http://eproc.hal-india.com only on or beforthe due date and time specified in the tender. The server date and time as appearing on the HAL e

Procurement portal (http://eproc.hal-india.com) will only be considered for the cut-off date and time fo

receipt of tenders. Offers sent through post, courier, fax and e-mail will not be considered. Late/delaye

offers will not be considered.

8. HAL will not be responsible for the cost incurred in preparation & submission of bids including the costowards obtaining digital certificate.

9. Bidders shall be required to arrange all resources including Digital Signature Certificate (DSC) and Interneconnections at their own cost for participating in online tenders at http://eproc.halindia.com. HAL sha

not be responsible for any delays whatsoever in receiving as well submitting offer (online), includinconnectivity issues.






7/34

7


Aircraft Division (BC)Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)

INSTRUCTIONS TO TENDERER (ITT)

1. The invitation of Tender is open to all interested agencies who meets the Tender Evaluation Criteria.2. The Tenderer shall bear all costs associated with the preparation and submission of the Tender, and HAL, will in n

case be responsible or liable for this cost, regardless of the conduct or outcome of the Tendering process.3. Tenderer is to ensure compliance of all provisions of the Tender Document and submit their tender accordingly.4. HAL reserves the right to reject any or all the Tenders received at its discretion without assigning any reaso

whatsoever.

5. Tenderer should not be under liquidation, court receivership or similar proceedings.6. Tenderer should not be 'blacklisted' by any Central Government PSU / Government Department.7. Job executed by a Tenderer for its own concern cannot be considered as experience for Tender Evaluation Criter

(TEC)".

8. The company should be a registered company and a copy of the VAT / CST / Service Tax registration certificate (athe case may be) need to be attached.

9. The Tenderer is expected to examine all Instructions, Annexures, Terms and Specifications of the TendeDocuments. The ITT, together with all its attachments thereto, shall be considered to be read, understood an

accepted by the Tenderer.The same shall be deemed to form an integral part of the Contract to be entered fo

this Job/Service. Failure to furnish all information required by the Tender Documents or submission of a Tender no

substantially responsive to the Tender Documents in every respect will be at Tenderer's risk and may result in th

rejection of the Tender.

10. Tenders not submitted in the prescribed format are liable to be rejected.11. In the event of a tender being submitted by a Partnership Firm, the tender must be signed separately and legibly b

each Partner member of the firm or their absence a person holding the Power of Attorney on behalf of the firm

concerned. In the latter case, a copy of the Power of Attorney duly attested by a Gazetted Officer must accompan

the tender.

12. The tendered rate of item(s) against which no rate or amount is entered by the tenderer, will be taken as ZERO anthe amount of such items (for the quantities mentioned in the BOQ) shall be deemed to have been covered by th

rate, quoted for other items.

13. The Tenderer shall be responsible for the safety of the persons deputed by them. They shall also be responsible tabide by all the Company safety rules and guidelines issued by the Safety Department, Aircraft Division and all thrules and regulations of the State and Central Government.

14. A prospective Tenderer requiring any clarification(s) of the Tender Documents may notify HAL in writing or by fax oe-mail at HAL's mailing address (stated in the Invitation for Tender) not later than Seven (07) days prior to th

Tender Due Date. HAL may, if deem appropriate, respond to the request for clarification.

15. At any time prior to the deadline for submission of Tenders, the Company (HAL) may, for any reason, whether on iown requirement or in response to a clarification requested by prospective Tenderers, modify the Tende

Documents by issuing addenda / corrigenda.

16. Any addendum / corrigendum thus issued shall be part of the Tender Documents.17. The Company may, at its discretion, extend the due date of submission of Tenders in order to allow the Tenderers

reasonable time to furnish their most competitive Tender taking into account the addenda / corrigenda issued.

18. DOCUMENTS COMPRISING THE TENDER: The Tender prepared by the Tenderer shall comprise the following:1. Part - I: Techno-Commercial (Un-priced) Bid shall contain the following:

a. The Tenderer shall courier / drop in the Tender Box meant for Aircraft Division available at the Admin Gate oAircraft Division, HAL, Bangalore the Cover containing the followings so as to reach us on or before the Tende

Due Date & Time.

i. Original DD towards Tender Document Fee & EMD / certified copy of GOIs authority for exemption in lieof EMD (applicable for vendors exempted from submission of EMD on account of their registration unde

MSMED Act 2006).

ii. Original Letter of Authority.


8/34

8

iii. Any other documents beyond the uploading limit, except Technical Bid as per Annexure A / Price Bid aper Annexure - B.

The Cover containing the above shall be super scribed with the Tender Reference No., Tender Due Date an

Particulars of DD towards Tender Document Fee & EMD. The postal address for the same is as follows:

Dy. Manager (Contract Cell), Room No. 73, Ground Floor, Main Factory Administrative Building, Hindusta

Aeronautics Limited, Aircraft Division, Old Airport Road, Vimanapura Post, Bangalore 560017, Karnataka

India. Ph. No. 080-22321585 / 22322247.

It may please be noted that HAL will not be responsible for any transit / postal delay or delay due to any othe

reason in receipt of the envelope containing the above documents.

b. The following details are to be uploaded to the Web Site :i) Technical Bid is to be uploaded as per the format given at Annexure A of the Tender Document.ii) Scanned Image of the followings:

a. DD's towards Tender Document Fee & EMD / Certificate of GOIs authority for exemption in lieu oEMD.

b. Annexure - 1 to 5 duly signed & stamped by the Tendererc. Service Tax Registration Certificate clearly indicating registration for the service called in the Tender.d. Copy of last 3 financial years Balance Sheet and Profit & Loss Account Statement duly certified by CA.e. Solvency Certificate.f. PAN Card / GIR No. Registration Certificate issued by Income Tax Authority.g. Copies of Work Orders of similar works executed & completion certificates as per TEC during the pas

05 years.h. ISO Certification copy of the Tenderer.i. Copy of valid customs house agent license in the name of the tenderer.

j. Documentary evidence to prove the tenderer as G-card & H-Card holders.k. Copy of DGR Certificate in the name of tenderer to handle dangerous goods.

iii) Other information / documents as deemed appropriate by the Tenderer.2. Part - II: Commercial (Price) Bid:The Price schedule shall be uploaded strictly as per the format Price Schedule Sheet (Annexure - B) given along wit

Tender Document.

Instructions for filling the Price Bid:

a. The rate quoted by the Tenderer should be inclusive of all applicable taxes, except Service Tax.b. Tax & Royalty: All the rates quoted in the tender shall be deemed to be inclusive of all charges, expenses

duties, royalties payable by the tenderer to Govt. or Public Body or Local Authority. No additional amount w

be paid or claim entertainment on this account by HAL. No claim will be entertained due to increase of any suc

elements, except service tax in the Budget. The applicable Service Tax must be clearly indicated in your tende

failing which it will be treated as the same is inclusive in the quoted rate.

c. The tenderers are required to take into account while quoting their rates, all the factors including anfluctuations in the Market Rates etc., No claim will be entertained on this account after acceptance of th

tender or during the currency of the Contract.

d. Conditional discount, if offered, shall not be considered for evaluation.e. The cost of any other item / services, which are considered necessary for completion of the job, is deemed t

have been included in the offered prices.

f. Prices shall be written both in words and figures. In the event of any difference, the price in words shall be valand binding.






9/34

9



TENDER EVALUATION CRITERIA [TEC]

1. TENDER EVALUATION CRITERIA [TEC] [FINANCIAL]:a) The Tenderer/Bidder should have a minimum of Rs.8.40Lakhs average Annual Financial Turn Ove

during the last 3 years, ending 31st March of the previous financial year and copy of the certifie

Balance Sheets and Profit & Loss Account for the same shall be submitted along with Techno

Commercial Bid.

b) Latest Bankers Solvency Certificate issued not earlier than 6 months from the date of this TendeNotice from Nationalized / Scheduled Bank for the value of Rs.11.20Lakhs shall be submitted alon

with Techno-Commercial Bid.

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

2. TENDER EVALUATION CRITERIA [TEC] [TECHNICAL]:a) Experience: The Bidder should have experience in the Nature of Work/Service called in the Tende

Document and successfully provided such Work / Services to any Central or State Government / PS

/ Reputed Large Pvt. Organization Units during the last 5 years (prior to the date of IFT). Th

documents (Work Order and respective completion certificate issued by client, indicating details o

project / work / service executed) to prove credentials in this regard must be UPLOADED along wit

the Techno-Commercial Bid. If the completion certificate is from Private organization, the sam

shall be UPLOADED with TDS certificate.

(A job executed by a Bidder for its own plant / project cannot be considered as experience for th

purpose of meeting requirement of TEC of the Tender.)

The experience should be either of the followings:

i. Three similar completed works each costing not less than an amount equal to 40% of estimatevalue as per Tender Document. OR

ii. Two similar completed works each costing not less than an amount equal to 50% of estimatevalue as per Tender Document. OR

iii. One similar completed work costing not less than an amount equal to 80% of estimated valuas per Tender Document.


10/34

10

b) The tenderer should have a valid service tax registration in their firm's name clearly indicatinregistration for the tendered service.

c) The tenderer should be certified by ISO.d) The tenderer should have a valid Customs House Agent license in their own name.e) The tenderer should be a valid G-card & H-Card holder.f) The tenderer should have a valid DGR Certificate issued in their name to handle the dangerou

goods.

g) The agency should have an operating office in Bangalore with good communication facility includinonline filing of Bill of Entry.

h) The Tenderer should not be 'blacklisted' by any Government Department / Public Sector.

The necessary documents sought elsewhere in the Tender Document should be submitted along with

Techno-Commercial (Un Priced) Bid.

Note to TENDER ELIGIBILITY CRITERIA [TEC]

[FOR STRICT COMPLIANCE]TENDERERS MUST FURNISH ALL RELEVANT CERTIFICATES / DOCUMENTS / INFORMATION IN SUPPORT OF THEIR

CREDENTIALS TO THE ABOVE "ELIGIBILITY CRITERIA" ALONGWITH THE 'OFFER'. TENDERS NOT SATISFYING THE TEC WILL

BE TREATED AS INVALID AND REJECTED SUMMARILY.


11/34

11



SCOPE OF SERVICE (SOS)

(A) PREAMBLE

1. The Estimated Import consignments by AIR are 120Nos and by SEA are 2Nos. per Month .Air Import Shipments will arrive through the following Agencies:

i. HAL nominated Air Consol Agent (Forwarding Agent)

ii. Any Air Liner or its Agents

iii. Any International Couriers or its agents

iv. Shipper Nominated Freight Forwarder

Sea Import Shipments will arrive through the following Agencies :

i. HAL nominated Sea Consol Agent (Forwarding Agent)

ii. Any Ocean / Sea Liner or its Agents

iii. Shipper Nominated Freight Forwarder

2. Imports received by HAL, Aircraft Division, are either supplied against Purchase Orders placed by HAor Supplied Free of Cost by the HAL Customer or through High Sea Sales Orders.

3. The different Types of Import Clearance involved are as follows:Sl No Types of Imports for Customs Clearance

Total annual import

(approx)

1 Imports meant for Home Consumption 50%

2 Imports meant for Re-warehousing (100% EOU) 44%

3 Re-Imports received after Repair / Servicing / Re-calibration to HAL 5%

4 Re-Imports of Exhibition Goods Returned after Show at Abroad. 1%

4. Types of Import Goods :Sl

NoDescription

Total annual imports

(approx)

1

Parts, Raw-materials, Paints, Consumables, Production Tooling,

Tools, Jigs & Fixtures, Gauges, Ground Support Equipment,

Machinery, Scientific & Technical Instruments and goods under

controlled temperature & Dangerous / Hazardous Goods forManufacture of Aircrafts & sub-assemblies meant for Home

Consumption and Re-warehousing.

94%

2

Aircraft / Helicopter Models, Aircraft / Helicopter Mockups,

Exhibition materials & gifts:

a. procured for participating in Exhibitions and Air Shows in India

b. returned after participating in Exhibitions and Air Shows at

abroad.

1%

3 Commercial Samples for acceptance and placement of Purchase 1%


12/34

12

Orders

4 Drawings / Blue Prints / Charts pertaining to manufacture of

Aircraft or Aircraft Sub-assemblies either in physical orin CD mode.1%

5Production Tooling, Master Jigs, Fixtures, Gauges, Tools required

for Calibration Tests & return1%

6

Various types of Instruments, Equipments, & their Accessories

supplied against Purchase Orders or as Temporary imports for

returning after use or re-calibration

1%

7 Machinery & its Accessories, Spares supplied against the PurchaseOrders 1%

5 Duties and Taxes: All the imports meant for HAL, Aircraft Division are cleared from Customs by,I. Furnishing Duty Exemption Certificate for Home Consumption imports

II. Debiting in Block Transfer of Bond B-17 for Re-warehousing of 100% EOU importsIII. Executing an appropriate Bond / Undertaking with Customs

6 Personal Deposit Accounts are being maintained by HAL, Aircraft Division, Bangalore, with thcustodians / Warehouses of Customs at all Ports in Bangalore.

7 Package details: All imports are received by HAL, Aircraft Division are packed in: wooden, cartometal and Fiber boxes, Drums, contents / packages stacked & packed on the pallets, and in bundle

etc., as per AWB, Shippers Invoice / Packing List.

Sl

No

Gross Weight of Packages ofAir Imports received by HAL, Aircraft

Division, Bangalore 560 017

Average Annual

imports (approx)

1 Upto 25 kgs 1150

2 25 kgs to 50 kgs 85

3 50 kgs to 75 kgs 40

4 75 kgs to 100 kgs 25

5 100 kgs and above 200

THE DATA FURNISHED ABOVE IS ONLY FOR INFORMATION, NOT

TO BE CONSIDERED AS ACTUAL BUSINESS NORMS


13/34

13

(B) SCOPE OF SERVICE (SOS)

DETAILS OF SERVICE TO BE EXECUTED BY THE CONTRACTOR UNDER THIS CONTRACT

1) Consolidated Service Charges for Customs clearance, Transportation and Delivery of the Aimport consignment per Bill of Entry arriving at BIA.2) Consolidated Service Charges for Customs clearance, Transportation and Delivery of th

Urgent / Critical / imports under Controlled Temperature / Hazardous Air impo

consignment per Bill of Entry arriving at BIA and deliveryon the same day of its arrival.

Scope of Services for Sr. No. 1 & 2:

a. Service Charges include Collecting Documents, obtaining D.O, Customs Clearance by EDor Manual BE, irrespective of Type of Cargo, number of parcel and weight, within fre

period & without attracting Storage Charges.

b. Transportation of the Customs Cleared cargo and Delivery at GI Stores, Aircraft DivisionHAL, Bangalore-560017.

3) Consolidated Service Charges for Customs clearance of Sea import consignment ( LCL/LCL oFCL/FCL or LCL/FCL or FCL/LCL ) per Bill of entry arriving at ICD, Bangalore (CONCOR &

CWC/ PPWPL).

Scope of Services: Service Charges include Collecting Documents, obtaining D.O, Clearanc

by EDI or Manual BE, irrespective of number of Containers, Parcels, Weight and type o

cargo, within free period without attracting Storage and Detention Charges.

4) Transportation of Customs Cleared Sea import Consignments from ICD, Bangalore (CONCO& CWC/ PPWPL) and Deliver the same to GI Stores of HAL, Aircraft Division, Bangalore.

Scope of Services: Transportation and delivery of Customs Cleared Cargo (LCL/LCL or FCL/FC

or LCL/FCL or FCL/LCL) from ICD (CONCOR / CWC/ PPWPL) to GI Stores, Aircraft Division, HA

Bangalore.5) Execution & Closure of Block Transfer (BT) of B-17 Bond with Customs for clearing both Air

Sea Import Shipments under 100 % EOU Scheme.

Scope of Services: Execution of BT of B-17 at Customs for clearing the EOU imports an

obtaining Closure Certificates of the BTs after submission of Re-warehousing Certificates.

(B.1) SCOPE OF SERVICE IN DETAIL

The Customs House Agents (CHA) shall provide consolidated services to carry out the duties an

responsibilities as detailed herein:

I. The CHA shall collect the Cargo Arrival Notice, together with the import documents consisting oAWB, HAWB, Bill of Lading, House Bill of Lading (HBL), Consolidation Manifest Copy, SupplierInvoice, Packing List, Delivery Order and related documents etc., from HALs Forwarding Agent/

(identified by HAL) and also from the other Air & Sea liners and its agents, Couriers and its agent

The CHA shall ensure to give one set of all the import documents collected from various agencie

within 12 hours to HAL, Aircraft Division, Bangalore.

II. The CHA shall ensure to keep all the import documents in their possession in strict confidencand these documents are to be used for clearing related functions of HAL, Aircraft Division

imports only.


14/34

14

III. The CHA shall verify and pay the Delivery Order fees to the liners of Air / Sea or their agents witregard to the imports received through the other liners / agents, couriers, other than HA

nominated freight forwarder, and the same shall be reimbursed by HAL, Aircraft Division

Bangalore, along with the Service Bill on production of Original Bill / Receipt as proof of payment

IV. The CHA shall undertake to file the Bill of Entry depending on the type of import at Customsupon arrival of the consignment at BIAL by Air & at ICD by Sea, shipped by the Oversea

Customers of HAL, Aircraft Division and clear the same from Customs as per laid down procedur

and deliver the imports along with import documents, all copies of Bills of Entry in Original to th

GI Stores, HAL, Aircraft Division, Bangalore 560 017.

V. The CHA shall arrange to Clear the imports received under Controlled Temperatures and delivethe goods to HAL, Aircraft Division on the same day of its arrival. Any loss of shelf life due t

delay in clearance and transportation, the cost involved is recovered from the CHA.

VI. The CHA shall ensure to clear and deliver all urgent, critical and production hold up items analso priority consignments identified by the Chief of Stores, HAL, Aircraft Division, Bangalore, o

the same day of its arrival. The corresponding documents required for clearance, if any, shall b

followed up and collected by the clearing agent in advance from the Freight Forwarder.

VII. The CHA shall arrange to execute various Bonds with Customs, including Undertaking BondIndemnity Bond, End-Use Bond, and any other Bonds wherever needed, except B-17 Bond, as pe

Customs Laid down procedures for clearing the imports. The CHA shall arrange the du

prepared Bond papers for HALs authorized signature and execute the Bond. The CHA sha

arrange to cancel the Bonds after the Bond obligation is fulfilled/completed/closed/expiredHAL, Aircraft Division, shall provide all necessary documents for executing and cancellation of th

Bonds in stipulated time. Only the cost of the Bond paper is payable by HAL and no other charge

are payable to CHA.

VIII. Execution and Cancellation of B-17 Block Transfer shall be taken up as follows.a. The CHA shall ensure to file the B-17 Block Transfer issued by the Range Central Excise, fo

clearance of the imports meant for Re-warehousing (100% EOU imports) at Bonds Sections a

BIA and ICD.

b. The CHA shall arrange to provide the Copy of the Bond Ledger (BT for B-17) after the expirof BT Bond Amount / Period, to HAL, Aircraft Division, for submitting Re-warehousin

Certificates for Cancellation of the BT.

c.

The CHA shall ensure to get the Closure Certificate from the Bonds Sections at BIA and ICDafter the expiry within 15 days of submission of the Re-warehousing certificates issued b

the Range Central Excise.

d. The CHA shall inform the Balance status of Block Transfer to HAL, Aircraft Division foobtaining fresh B-17 Block Transfer in time. The CHA is responsible for the delay if th

requirement of fresh Block Transfer is not informed well in advance or if the BTs are no

cancelled in time.

IX. The CHA shall monitor the status of various Bonds executed by HAL with Customs for clearinimports and shall arrange to cancel / Redeem such Bonds in time as per Customs procedure t

avoid legal obligations and financial implications from the Customs & Central Excise Authorities.

X. The CHA shall clear the imports from Customs and from the Customs warehouses within thstipulated cooling period and thereby avoid payment of any demurrages or additional storag

charges at BIA & ICD. In the event of failure in clearing the consignment in stipulated coolin

period, despite receipt of documents, the CHA is liable for payment of storage / demurrage &

Detention charges.

XI. The CHA shall ensure to collect the consignments in sound condition from the CustomWarehouses and also deliver to HAL in the same condition. The CHA shall collect the Discrepanc

Report or the Open Delivery Certificate from the authorities of the Warehouse / the Liner at th

time of collecting the defective parcels from the Warehouses at BIA & ICD. The Discrepanc

Report / Open Delivery Certificate shall be handed over to HAL while delivering the consignmen

for initiating appropriate claim action.


15/34

15

XII. The CHA shall bring it to the notice of the Chief of the Stores Department, HAL, Aircraft DivisionBangalore, if any discrepancy noted in the documents, which affects the clearance proces

within 24 hours from the time of arrival of the shipment at BIA or ICD. The same shall be clarifie

by HAL. The portion of delay on each side will be evaluated and apportioned to either party

account.

XIII. The CHA shall clarify all the queries / objections raised by the Customs Authorities in the procesof Import Clearance under the intimation to the Chief of Stores, HAL, Aircraft Division.

XIV. The CHA shall collect the Short Landing Certificate from the respective Liner or any otheapplicable agency and shall submit immediately to the Chief of Stores, HAL, Aircraft Divisio

Bangalore, for initiating necessary claim action for non-delivery.

XV. The CHA shall ensure to send the Status Report of the imports of M/s HAL Aircraft DivisionBangalore, on every Friday.

XVI. The CHA shall ensure to intimate the status of the imports under Customs Clearance and thconsignments cleared from Customs are to be loaded on the transitory vehicle and forward th

same to the GI Stores of HAL, Aircraft Division, Bangalore.

XVII. The CHA shall transport the consignments after Customs Clearance and deliver the same to thGI Stores of Aircraft Division, HAL, Bangalore in sound condition along with the Duplicate an

Triplicate copies of Bills of Entry and other import documents and obtain the acknowledgemen

for delivering the consignments in good and sound condition. Packages with lesser weight are t

be unloaded by the Clearing Agent at the identified place. Forklift / Crane facilities shall b

provided by HAL for the heavy consignments, while unloading at HAL premises.XVIII. The C & F agent shall ensure to verify whether the package/s is/are received in externally soun

condition, whether MAWB/MBL, HAWB/HBL, numbers are marked on the package/s are not.

any discrepancy is noted, the same shall be resolved with the concerned Liner or the Conso

Agent within the stipulated free period. Any Additional Storage charges or the Demurrag

charges incurred due to the delay has to be borne by the CHA. If any storage charges are paid

should be substantiated with proper reason in writing within 2 days after the clearance of th

consignment.

XIX. The CHA shall bear responsibility for any damages caused to the parcels during transit from BIor ICD to Aircraft Division, Bangalore.

XX. The CHA shall ensure to intimate the balance amount status of the Personnel Deposit Accounheld with the Customs warehouses namely M/s. AISATS, M/s. MENZIES BOBBA AVIATION at BIAand M/s CONCOR , M/S Pearl Ports & Warehouses Pvt Ltd., at ICD, so that HAL provide a chequ

for crediting the deposit amount on-line in time to avoid delay and payment of demurrage

(Storage charges). The Clearing Agent shall arrange to obtain and forward the month

statement of the said PDAs held by HAL, Aircraft Division, Bangalore.

XXI. The CHA shall submit the updated list of employees engaged / allotted for Customs clearance antransportation work to be intimated to the Chief of Stores, Aircraft Division, Bangalore, fo

security reasons.

(B.2)Responsibilities of HAL, Aircraft Division, Bangalore

I. HAL, Aircraft Division, Bangalore 560 017, shall provide copy of the Purchase Order (applicable), Duty Exemption Certificate, Technical Write-up (if required), and any othedocuments found necessary to the CHA for Customs Clearance of the import Consignments at BI

& ICD.

II. HAL, Aircraft Division, Bangalore 560 017, shall depute appropriate authorized personnel tliaise with Customs along with the CHA for clarifying the queries whenever the situation arises.

III. HAL, Aircraft Division, Bangalore 560 017, shall arrange to issue a cheque or credit the deposamount at Customs Warehouses towards storing & handling charges, upon timely intimatio

provided by the CHA.


16/34

16

IV. HAL, Aircraft Division, Bangalore 560 017, shall arrange to obtain the Block Transfer of Bond B17 from the Range Central Excise and forward the same to the CHA for execution and clearanc

of EOU imports from Customs at BIA & ICD.

V. HAL, Aircraft Division, Bangalore 560 017, shall arrange to obtain the Re-warehousinCertificates for Re-warehoused imports (100% EOU imports) from the Range Central Excise an

forward to the CHA for cancellation of the BT Bonds at BIA & ICD.

VI. HAL, Aircraft Division, Bangalore 560 017, shall provide required Forklift / Crane and otheinfrastructural assistance to unload the Heavy Cargo while Delivery of the Imports at HA


C. CONTRACT PERIOD: 02 (Two) years from the Notice to Commence the Work/Service by the Engineer

in-Charge.

D. CONTRACT STARTING PERIOD: The Successful Tenderer is required to start the contract within 7 day

of Notice to Commence the Work/Service by the Engineer -in-Charge.

E. BILLING: The Billing shall be raised once in every 10 days. The bill along with supporting documents t

prove the claims shall be submitted to Chief Manager (Stores), Aircraft Division. The cleared bills will b

settled within 30 days of the bill submission with all relevant documents.


17/34

17



TENDER GENERAL TERMS & CONDITIONS (TGTC)

In this tender document the following words shall have the meaning herein assigned to them:

A. The "Company", "HAL" and "Accepting Authority" shall mean "Hindustan Aeronautics Limited".B. The "Successful Tenderer", "Contractor" shall mean the tenderer whose tender has accepted by the Compan

to execute the work/service to which these tender document pertains to and shall include his / their heir

executers and administrators.

C. "Engineer-in-Charge" shall mean Engineer Representative of HAL.D. The term 'Bid' and 'Tender' and their derivatives (Bidder / Tenderer, Bid / Tendered / Tender, Bidding

tendering, etc.) are synonymous, and 'day' means 'calendar day'.

E. "CONTRACT or "TENDER" shall mean the entire contents of these documents viz.,1. Invitation for Tender (IFT)2. E-Tendering Instructions3. Instructions to Tenderer (ITT)4. Tender Evaluation Criteria (TEC)5. Scope of Service (SOS)6. Tender General Terms & Conditions (TGTC)7. Special Conditions of Contract (SCC)8. Annexures (1 to 8)9. Technical Bid (Annexure - A)10. Price Schedule Sheet (Annexure - B)11. Any Correspondence that has taken place between the Contractor and the Company from the time th

tender is submitted to the acceptance is communicated.

12. Notification of Award / Fax of Acceptance (FOA) / Fax of Intent (FOI) from HAL to the Contractor anNotice to Commence the Work/Service by the Engineer-in-Charge

1. PERIOD OF VALIDITY OF TENDER:1.1 The Tender shall remain valid for acceptance for Six (06) months from the 'Tender due date'. Company sha

reject a Tender valid for a shorter period being non-responsive. Tenderer shall not be entitled during the sai

period of 6 months, to revoke or cancel its Tender or to vary the Tender given or any term thereof.

1.2 In exceptional circumstances, prior to expiry of the original Tender validity period, the Company may requesthat the Tenderer extend the period of validity for a specified additional period. The requests and th

responses thereto shall be made in writing (by fax / post / e-mail).

1.3 The successful tenderer should keep their quoted rate valid for the entire contract period as stated in thTender Document.

2. DEVIATION STATEMENT: Company will appreciate submission of offer based on the terms and conditions in thenclosed "Invitation for Tender", "Instructions to Tenderers", Scope of Service, "Tender General Terms

Conditions", "Special Conditions of Contract" etc. to avoid wastage of time and money in seeking clarifications otechnical / commercial aspect of the offer. Bidders Tender shall be considered non-responsive and liable fo

rejection, if deviations are taken to the under mentioned provisions of Tender Documents / Terms by the Tenderer

Tender Document Fee & EMD Period of Validity of Tender Firm Price Scope of Service Price Schedule / Schedule of Rates Payment Terms & Conditions Security Deposit


18/34

18

Penalty Clause Sub Contract Termination of Contract Jurisdiction Arbitration

3. Tender Due Date Extension: The Company may, in exceptional circumstances and at its discretion, on givinreasonable reason in Company website / press can extend the deadline for the submission of Tenders in which cas

all rights and obligations of the Company and Tenderers, previously subject to the original deadline will thereafte

be subject to deadline as extended.

4. LATE TENDERS / DELAYED TENDERS: HAL will not be responsible for the loss or delay in receipt of tendedocuments/tenders in transit. HAL reserves the right to reject Late / Delayed / incomplete tenders.5. MODIFICATION AND WITHDRAWAL OF TENDERS:

5.1 No Tender shall be modified after the deadline for submission of Tender.5.2 No Tender shall be allowed to be withdrawn in the interval between the deadline for submission of Tende

and the expiration of the period of Tender validity specified by the Tenderer on the Tender.

6. TECHNO-COMMERCIAL (UN PRICED) BID OPENING: The Techno-Commercial (Un-Priced) Bid will be opened on thOpening Date & Time specified in the Tender Document.

7. PRICE TENDER OPENING: The Company shall inform the time & date for "Price Tender Opening" to all sucTenderers who qualify pursuant to techno-commercial Tender evaluation.

8. PRECEDENCE FOR ACCEPTANCE: If any contradiction / variance is observed in different components of the tendethe following precedence shall be observed:

8.1 Tender Notice and Instructions to Tenderer shall have precedence over Special Conditions and General Term& Conditions.

8.2 Description in Price Schedule shall have precedence over Particular Specification and Drawings.8.3 Special Conditions shall have precedence over General Conditions.8.4 However, the Engineer-in-Charge shall be sole deciding authority with regard to the intention of the documen

and his decision in this respect shall be final and binding on the Contractor.

9. CONTACTING THE COMPANY:9.1 Subject to Clause 10.0 below, no Tenderer shall contact HAL on any matter relating to its Tender, from th

time of Tender opening to the time the Contract is awarded.

9.2 Any effort by a Tenderer to influence the Company in any manner in respect of Tender evaluation or Tendecomparison or award may result in the rejection of the Bidder's Tender.

10. EXAMINATION OF TENDERS AND DETERMINATION OF RESPONSIVENESS:10.1 Company will examine the Tenders to determine whether they are complete, whether the documents hav

been properly signed and whether the Tenders are generally in order.10.2 Once quoted, Tenderer shall not make any subsequent price changes, whether resulting or arising out of an

technical and/or commercial clarifications sought regarding the Tender within the scope of service. Suc

price change shall render the Tender liable for rejection. All responses to request for clarifications shall be i

writing.

10.3 Unsolicited clarification to the Tender and/or change in price during its validity period would render thTender liable for outright rejection.

11. TENDERED OR AGREED RATE: The Contractor shall agree not to petition for revision of rates tendered by him undeany circumstances at any stage of work/service.

12. In the event of any error in the description or in the quantity in Price Bid or any omission there from shall not vitiatthe Contractor or release the contractor from the execution of whole or any part of contract comprised therei

according to the drawings and specifications, or from any of his obligations under the contract.

13. The Contractor shall satisfy himself or shall be deemed to have satisfied himself as to the existing system and otheconditions as regards any connection they may have with the works of the subject of the contract, and he shall alsinspect the site works and surroundings, the means of access there to and agree there from and he shall generall

obtain his own information on all matters and things which can in any way influence his Tender. No claims for extr

works or otherwise will be allowed in consequence of any misunderstanding, error, incorrect information on thes

points, or if any other inaccuracies in reference there to which may appear on the drawings or in the specificatio

nor shall the contract be nullified in consequence of any such misunderstanding, error, incorrect information o

inaccuracies.

14. EXTENSION OF TIME: If the Contractor shall desire an extension of time for starting the contract on account ounavoidable circumstances, he shall apply in writing to the Engineer-in-Charge stating the reason for such extensio


19/34

19

and the Accepting Authority shall, if in his opinion (which shall be final) reasonable grounds be shown therefor

authorize such extension of time, if any, as may, in his opinion be necessary or proper.

15. PENALTY CLAUSE:15.1 Time is the essence of the Contract and penalties are recoverable from the contractor for the breach of th

terms of the Contract.

15.2 The Contractor is required to start the contract within 7 days of Notice to Commence the Work/Service bthe Engineer-in-Charge. In case of failure to start the Contract within the stipulated time or the extende

date, the Contractor shall, without prejudice to any other right or remedy of the Company on account of suc

breach, pay penalty as compensation as stipulated below :

Rs. 500.00 per day of delay, subject to a maximum of Rs. 10,000.00.

15.3 The Contractor should complete all the Customs Clearance formalities and deliver all the impoconsignments within the free period and transport & deliver the same to Aircraft Division Store on the sam

day of customs clearance or latest by very next day. If the contractor fails to deliver the shipments a

stipulated above, then a penalty of Rs. 200.00 per Bill of Entry per day of delay will be deducted from th

respective bill amount.

15.4 In case of URGENT / CRITICAL/IMPORTS UNDER CONTROLLED TEMPERATURE / HAZARDOUS IMPORshipments, the same shall be customs cleared and delivered to our stores as per the request by the Officer

in-Charge on case to case basis.

15.5 HAL may without prejudice to any methods of recovery, deduct the amount of such Penalty from any monedue or which may at any time become due to Contractor from its obligations and liabilities under th

Contract or by recovery against the Security Deposit. Both Contractor and HAL agree that the above Penalt

are genuine pre-estimates of the loss / damage which HAL would have suffered on account of delay / breac

on the part of Contractor and the said amount will be payable on demand without there being any proof othe actual loss or damage caused by such breach / delay. A decision of HAL in the matter of applicability o

Penalty shall be final and binding.

16. HAL, at its own discretion, can split the total scope amongst more than one Contractor, in case the same is founsuitable / advantageous to HAL. No escalation /revision in rates, terms & condition will be entertained on th

account.

17. Any order, resulting from the Tender, shall be governed by the Contents of the Tender Documents of HAL and anparty quoting against this Tender shall be deemed to have read and understood these contents and to have quote

subject to these Tender Document contents.

18. No condition and terms, notice of which has not been given in this enquiry by parties submitting quotations, will bconsidered by HAL, if put forward in subsequent correspondence after acceptance of orders etc.

19. WRONG INFORMATION: If the Tenderer deliberately gives wrong information in his Tender to creatcircumstances for the acceptance of his Tender, HAL reserves the right to reject his Tender without any reference t

the Tenderer and forfeit the EMD and take Administrative action against the Tenderer like non-issuance of Tende

etc., as deemed fit by the Accepting Officer..

20. FALL CLAUSE: Contractor confirms that the rates agreed represent the lowest rates that are being charged by themto any of their customers for similar service rendered under similar circumstances. Contractor further undertake

that any reduction in the rates included in the agreed rates as may be applied to any other customers for whom

similar services under similar circumstances are rendered by the Contractor, shall be automatically applicable t

HAL.

21. AWARD OF CONTRACT: The Company will award the Contract to the technically and commercially acceptable offerand / or have been determined as a lowest on least cost to Company.

22. COMPANYS RIGHT TO ACCEPT ANY TENDER AND TO REJECT ANY TENDER: The Company reserves the right taccept or reject any Tender, and to annul the Tendering process and reject all Tenders at any time prior to award o

the Contract without thereby incurring any liability to the affected Tenderer(s) or any obligations to inform th

affected Tenderer(s) of the ground for Company's action.23. NOTIFICATION OF AWARD:

23.1 Prior to the expiration of period of Tender validity, HAL will notify the successful Tenderer in writing by faxe-mail to be confirmed in writing, that his Tender has been accepted. The "Notification of Award / Fax

Acceptance (FOA) / Fax of Intent (FOI)" will constitute the formation of the Contract.

23.2 The notification of award will constitute the formation of a Contract, until the Contract has been effectepursuant to signing of "Contract Agreement".

24. SIGNING OF AGREEMENT:24.1 After the successful Tenderer has been notified for acceptance of his Tender, the Tenderer is required t

execute the "Contract Agreement" as per HAL format (enclosed) within Twenty One (21) days of receipt o


20/34

20

FOA / FOI. The "Contract Agreement" is to be executed on the non-judicial paper of Rs. 100.00 (the cost o

stamp-paper shall be borne by the Tenderer).

24.2 In the event of failure on the part of the successful Tenderer to sign the Agreement within the abovestipulated period, a penalty of Rs.2,500.00 per week of delay to a maximum of Rs.10,000.00 will be levied fo

delay in submission.

25. TERMINATION OF CONTRACT25.1 HAL would be at liberty to terminate the Contract in case the tenderer's job is found not up to the mark.25.2 Termination for Default: HAL reserves its right to terminate the Contract, without prejudice to any othe

remedy for breach of Contract, by giving one month notice if Contractor fails to perform any obligation(

under the Contract and if Contractor, does not cure his failure within a period of 30 days (or such longe

period as HAL may authorize in writing) after receipt of the default notice from HAL.

25.3 Termination for Insolvency: HAL may at any time terminate the Contract by giving written notice withoucompensation to Contractor, if Contractor becomes bankrupt or otherwise insolvent, provided that suc

termination will not prejudice or affect any right of action or remedy which has accrued or will accru

thereafter to HAL.

25.4 Termination for Convenience: HAL may by written notice sent to Contractor, terminate the Contract, whole or part, at any time for its convenience. However, the payment shall be released to the extent t

which performance of work executed as determined by HAL till the date upon which such terminatio

becomes effective.

26. WAIVER OR TRANSFER OF THE CONTRACT: The successful Tenderer shall not waive the Contract or transfer it tthird parties, whether in part or in whole, nor waive any interest that is included in the Contract without the prio

written permission of the Company.

27. MODIFICATION: Any modification of or addition to the Contract shall not be binding unless made in writing anagreed by both the parties.

28. SUB CONTRACT: Sub Contracting without HAL prior written confirmation is not permitted for the tendered service.29. NOTICES

29.1 Any notice given by one party to the other pursuant to the contract shall be sent in writing by Courier or fax oe-mail with scanned copy of the notice duly signed by the authorized representatives of either party.

29.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later.30. PARALLEL CONTRACT: The Contract entered with the successful tender resulting from this tender shall not deba

HAL from entering into any Similar Contract or thereafter parallelly with any other contractors.

31. BRIBES & GIFTS: Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the biddeor his parties, agent or servant or any one on his or their behalf to any officer, servant, representative or agent o

HAL or any person on his or their behalf in relation to the obtaining or to the execution of this or any other contra

with HAL shall in addition to any criminal liability which the bidder may incur, subject the bidder to the cancellatio

of this and all other contracts with HAL and also to payment to HAL of any loss or damage resulting from any suc

cancellation thereof. Any question or dispute as to the commission of any offence under the present clause shall b

settled by HAL in such manner and on such evidence or information as HAL may think fit and sufficient and HA

decision shall be final and conclusive.

32. ARBITRATION: In the event of any disputes or differences arising out of this contract or connected thereto whethebefore or after the termination / cancellation of the Contract, the same shall be referred to the sole arbitration o

any person who shall be appointed by the Managing Director / General Manager, at his sole discretion. There sha

be no objection to any such an appointment even if the arbitrator so appointed is an employee of any of the HA

Divisions / branches. Such an appointment of arbitrator shall not take place unless and until a written request fo

appointment of Arbitrator from either of the parties to the contract has been received by the Managing Director

General Manager as aforesaid. If the arbitrator into whom the matter is originally referred or the Arbitrator who ha

been appointed in place of the Arbitrator originally appointed, dies or unable to act as Arbitrator for any reaso

whatsoever, the Managing Director / General Manager aforesaid, shall appoint at his sole discretion any otheperson to act as Arbitrator in place of the Arbitrator into whom the matter is originally referred appointed or th

Arbitrator who has been appointed in place of the Arbitrator originally appointed, as the case may be. Such perso

appointed as Arbitrator shall be entitled to proceed with reference from the stage at which it was left by h

predecessor It is a term of this contract that no person other than a person appointed by the Managing Director

General Manager as aforesaid should act as Arbitrator and if for any reason that is not possible, the matter is not t

be referred to arbitration at all. The Arbitrator may from time to time with consent of the parties enlarge the tim

for making and publishing his award. The Arbitrator shall be deemed to have entered on the reference on the dat

on which the first hearing takes place. The venue of arbitration shall be such place as may be fixed by the Arbitrato

at his sole discretion. The award of the Arbitrator shall be final, conclusive and binding on both the parties t


21/34

21

Contract Subject to as aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any Statutor

modification or re-enactment thereof and the rules made thereunder from time to time and for the time being

force, shall apply to the arbitration proceeding under this clause.

33. JURISDICTION: Notwithstanding anything contained anywhere in any documents pertaining to this contract, thCourt at Bangalore alone shall have the jurisdiction to try and deal with any matter, whatsoever arising out of th

contract.

ATTENTION

i. The Tenderer shall visit the site prior to tender, as no claims will be allowed on the ground of ignorance of thconditions under which works shall be executed.

ii. Time will be the essence of the contract and the contractor is to complete the whole of work in the timstated in the tender, subject to the schedule of conditions.

iii. The contractor is to provide at all times during the progress of work and the maintenance period, propemeans of access, with ladders, gangways, etc and the necessary attendance to move and to adopt as directe

for inspection of their representatives. No separate rates will be allowed.

iv. The contractor is to keep all persons under his control and within the boundaries of the site, and he will bheld responsible for the care of the works generally until their completion including all works executed an

materials deposited on the sites by himself or suppliers, together with all risks arising from weathe

carelessness of apprentices, damage or loss by thefts or by any other cause and is to allow for all necessa

watching and protective lightings.


22/34

22



SPECIAL CONDITIONS OF CONTRACT (SCC)

1. Tender Document Fee (Non-Refundable): The Technical Bid shall be accompanied by a crossed Demand Draft oRs.2100/- (Rs. Two Thousand One Hundred only) towards Tender Document Fee favoring Hindustan Aeronautic

Limited and payable at Bangalore.

2. EMD (Earnest Money Deposit): The Technical Bid shall be accompanied by a crossed Demand Draft of Rs.28,000(Rs. Twenty Eight Thousand only) as Earnest Money Deposit favoring Hindustan Aeronautics Limited and payable a

Bangalore. Those Tenderers registered under Micro / Small / Medium Enterprise under the MSMED Act 2006 ar

exempted only from submission of EMD, provided they submit relevant documentary evidence to prove the same

The Earnest Money Deposit will be refunded to the unsuccessful Tenderer after the final awarding of Contract.

case of the successful Tenderer, the Earnest Money Deposit will be returned on submission of required Ban

Guarantee towards Security Deposit. The Earnest Money Deposit is liable to be forfeited in case the Acceptin

Officer feels that the Tenderer is not bonafide or the Tenderer modifies or revokes the tender. The decision of th

Accepting Officer is final and binding on the Tenderer.3. CONTRACT SECURITY DEPOSIT (SD):a. The successful tenderer will be required to furnish Security Deposit (SD) for the fulfillment of the contract. Th

security Deposit shall be 10% of Rs.28Lakhs. This amount shall not be altered during the execution of the wor

due to deviation, either Plus or Minus.

b. The Contractor shall deposit the difference between EMD and full SD by Demand Draft / Bank Guarantee froma nationalized/scheduled bank within 21 days of Notification of Award / Fax of Acceptance (FOA) / Fax of Inten

(FOI). The BG towards SD should be sent to Dy. Manager (Contract Cell) directly by the issuing bank unde

registered post.

c. Any delay in depositing the SD as above shall attract a levy of penalty @ 2% of SD amount per week or pathereof with a maximum penalty of 25% of Security Deposit.

d. If the SD is submitted in the form of Bank Guarantee, then the period shall cover the completion period of thwork plus three months / extended period plus three months, as per HAL standard format (enclosed).

e. This Security Deposit will bear no interest and will be returned within 30 days of the issue of the defect liabilitcertificate (taking over certificate with a list of defects) / completion certificate . Retention money will b

refunded after defects liability period.

f. The work shall not be generally allowed to be started unless security deposit has been paid. However, iexigency and facilitate the completion of work, the same may be allowed with the prior approval fo Acceptin

Authority.

g. Also no payment shall be released to the Contractor unless SD is submitted and Contract Agreement executed.

4. PAYMENTS:a) Billing shall be raised as per Clause No. E of Scope of Service and as far as payment is concerned, Aircraf

Division agrees to settle the bill within 30 days of bill along with relevant documents submission.

b) HAL has initiated payments to suppliers, and Contractors through RTGS / NEFT / CORE, and to facilitate thpayments electronically, the Tenderer should furnish the bank details in the specified ECS format of HAL,

case work is awarded to them. Payment other than the above will not be considered.

5. SALES TAX ON WORKS CONTRACT AND RECOVERY AT SOURCE: Rate quoted shall be inclusive of Sales Tax elemenon works contract. Sales Tax on works contract will be recovered as per the rates indicated in Clause 19A of the A

(KST) and the same will be remitted to the Tax Authorities on monthly basis. A certificate to this effect will be issue

to the Contractors for claiming reduction in total tax payable by them.

6. RECOVERY OF INCOME TAX: Recovery of Income Tax under Section 194 (c) of Income Tax 1961 introduced by thFinance Act 1972 and further amendments thereon will be made from the gross payments payable at source on a

the contract works with value above Rs.10000.00.


23/34

23

7. The Contractor shall be liable for any loss caused to HAL due to financial or any other irregularities committed bthe employee/labour deployed/working under their contract.

8. WORKS TO BE EXECUTED IN APPROVED MANNER: The works/services, the subject of the contract, specified anprovided for, or that may be necessary to be done to form and complete any part thereof, shall be executed an

completed in the best of most substantial manner, and shall be to the full satisfaction of the Engineer-in-Charge

The Engineer-in-Charge shall have full liberty to all reasonable times to inspect and examine the service and eve

such time reject any or all of such services, which to him, may appear unfit or improper for the several purposes t

which they are applied, or intended to be applied, or as not in accordance with the memoranda instructions o

directions respectively.9. WORKS TO BE EXECUTED WITH AN EXPEDITION FAILING WHICH THE COMPANY MAY EMPLOY CONTRACTOR

WITHOUT VITIATING THE CONTRACT: The Contractor shall commence to carry on the works with due diligence, an

as much expedition as the Engineer in charge may reasonably expect, having regard to the specified time fo

Customs Clearance & Transportation of the import consignments, in case the Contractor fails to do so or neglect t

provide proper and quality service then the company shall have full power, without vitiating contract, to take th

service wholly or in part of the hand of the Contractor, to engage or employ any other agency, for the due executio

and completion of the said service and the costs and charges incurred by the Company in so doing shall b

ascertained by the Accepting Officer and be competent for the company to deduct the amount of such costs an

charges along with overheads out of any sum or sums due or to become due from the company to the contracto

under this or any other contract.


24/34

24

ANNEXURE-1

DETAILS OF SIMILAR SERVICE EXECUTED IN THE PAST AS PER TENDER

EVALUATION CRITERIA

Sub: HAL Tender Document No.: HAL/A/CC/SC-30/05-2012.

Sl.

No.

Description

of the work

Full Postal

Address and

phone nos. of

Client & Name

of Officer-in-

Charge

Value of

Contract

Date of

Commencement

of Contract

Contract

Period

Whether

the

Contract

completed

successfully

Note:

(1)The tenderer is requested to upload the data in the above format only.(2)Copies of Letters of Award and Completion Certificates from the respective clients for the above jobs to be

enclosed.

(3)The work completed earlier than the period indicated in Tender Evaluation Criteria / Scope of Services neednot be indicated here.

(4)The list of work, not of similar nature need not be indicated here.

(Signature of authorized signatory of the TENDERER)

Name: ________________________

Designation: ___________________

Place: Seal:

Date:


25/34

25

ANNEXURE-2

PRESENT COMMITMENTS OF THE TENDERER


Sl.No.

Descriptionof the work

Full PostalAddress and

phone nos. of

Client & Name

of Officer-in-

Charge

Value ofContract

Date ofCommencement

of Contract

ContractExpiry Date

Remarks

Note:The tenderer is requested to upload the data in the above format only.


Name: ________________________

Designation: ___________________

Place: Seal:

Date:


26/34

26

ANNEXURE-3

DECLARATION CERTIFICATE

To,

HAL, Aircraft Division,

Vimanapura Post,Bangalore 560 017.

Dear Sir,

I/ We, do hereby declare that there is no case with the Police/Court/Regulatory authorities agains

the proprietor/firms/partner regarding scam or disciplinary proceedings or any criminal activitie

And /or not sentenced for such activities. Also, I / We have not been suspended or been blackliste

by any other Govt. Ministry/Department/PSU/Court. We also certify that either our firm or any o

the partners are not involved in any scam or disciplinary proceedings settled or pendin

adjudication.


Name: ________________________

Designation: ___________________

Place: Seal:

Date:


27/34

27

Annexure - 4

LETTER OF AUTHORITY

[PRO FORMA FOR LETTER OF AUTHORITY FOR ATTENDING NEGOTIATIONS / CONFERENCES /

CORRESPONDENCE]

Ref. Date:

To,

HAL, Aircraft Division,

Vimanapura Post,

Bangalore 560 017.


Dear Sir,

We _____________________________________ hereby authorize following representative(s) for any oth

correspondence and communication against above Tender Document:

1) Name & Designation _____________________________________ Signature _________________

2) Name & Designation _____________________________________ Signature _________________

We confirm that we shall be bound by all commitments made by aforementioned authorized representative

Yours faithfully,

For and on behalf of ______________________________


Name: ________________________

Designation: ___________________

Place: Seal:

Date:

Note: This Letter of Authority should be on the letterhead of the Tenderer and should be signed by a perso

competent and having the power of attorney to bind the Tenderer. A copy of the Power of Attorney du

attested by a Gazetted Officer must accompany the tender.


28/34

28

Annexure - 5

FORMAT OF UNDERTAKING TO BE FURNISHED AND UPLOADED BY THE CONTRACTOR

Name of Work.:

HAL Tender Document No.:

From:

M/s. _________________________________

_________________________________

_________________________________

To,

Dy. General Manager (M2),

Aircraft Division,Hindustan Aeronautics Limited,

Bangalore - 17

Sub : Tender for HAL Tender Document No.HAL/A/CC/SC-30/05-2012Dear Sir,

Please find herewith enclosed the Tender document comprising of Terms & Conditions, General & Speci

Conditions, Safety code and Bill of Quantities relating to the works/Service specified in the Tender Documen

downloaded from HAL website www.hal-india.com hereinafter set out and having acquired the requisite informatio

relating thereto as affecting the tender, I/We hereby offer to execute the works specified in the said document with th

rates & materials mentioned at Price Bid portion of Tender document and in accordance in all respects with th

conditions, specification & instrumentations in writing referred to in conditions of tender Appendix to the form o

Tender, Articles of Agreement, General Conditions of Contract, Special Conditions of Contract, Appendix to the tende

Annexures, Safety Condition, Technical Specifications, Bill of Quantities and in all other respects in accordance with suc

conditions so far as they may be applicable.

The document being downloaded from the website and having read and understood all the contents of th

Tender Document from Page No. ____________ to Page no.______________. I/We do hereby accept all the terms

conditions laid down in the said tender document and will abide by the same on acceptance and award of work/service

Agreed and confirmed

Yours Faithfully,

For M/s._________________________________

______________________________________________________

SIGNATURE OF THE CONTRACTOR WITH SEAL


29/34

29

Annexure - 6

HAL AGREEMENT FORMAT(TO BE EXCECUTED ON NON JUDICIAL STAMP PAPER OF THE VALUE OF Rs.100 WITHIN 21 DAYS OF ACCEPTANCE LETTER)

AGREEMENTCONTRACT NO:________________

CONTRACT FOR:_______________[Type subject of the work]

ARTICLE OF AGREEMENT made on this _____ day of __________ Two Thousand______________ between th

Hindustan Aeronautics Limited, Bangalore Complex, Bangalore-560 017, hereinafter called HAL or Company (whic

expression shall include its successors and assigns wherever the context or meaning shall so require or permit) of th

one part and M/s._____________________________________ having its registered offic

at___________________________________________________________________________________ hereafter calle

the Contractor (Which expression shall include its successors and assigns wherever the context or meaning shall s

require or permit) of the other part.

Whereas the Contractor/s has/have by tender dated _________ amended by the Contractors letter no

________________ dated __________ offered to execute and fully complete the intended works/services in connectio

with ___________________________________________________________________________________________

in the Companys Factory area, for the Company, as set forth in the Tender Document and subsequent amendments an

its Annexure according to the terms, obligations and conditions contained therein and for the rate as per Annexu

attached and the Company has accepted such itemized rate tender in terms of its letter no._______________________

dated ___________. Tax in all cases being always the Contractors/ Contractors responsibility.

For HINDUSTAN AERONAUTICS LIMITED

(Bangalore Complex)

Dy. GENERAL MANAGER (M-2) SIGNATURE OF CONTRACTOR/S

AIRCRAFT DIVISION


30/34

30

CONTRACT NO: ________________

CONTRACT FOR: _______________[Type subject of the work]

Now, This Agreement witnesseth as follows: -

1. The Contractor/s covenant/s and agree/s with the Company that the Contractor/s will within the time schedu

stipulated in the tender and as accepted by the Company, will execute the Contract in its entirety subject to all an

singular, the terms, obligations and conditions in the said tender as amended and will truly observe, perform, fulfi

submit to and keep all the said terms, obligations, conditions and matters in the said tender according to the true inten

and meaning of the said tender.

Incase the work/service is not completed in the manner mentioned above to the complete satisfaction of th

Company in every respect within the aforesaid time limit of tender, the Contractor/s agree/s to pay a penalty as pe

Tender General Terms and Conditions. It is agreed that time is the essence of the contract.

2. In consideration of the premises the Company covenants with the Contractor/s that it will pay to th

Contractor/s at the several times and in the sums, proportions and manner in the said Tender Conditions in that beha

provided the amount accruing from time to time, but subject to conditions therein contained.

3. This agreement further witnesses that the Contractor/s hereby covenant/s with the Company that in the even

of the non-fulfillment in any respect by the Contractor/s of the said covenants, terms, agreements, obligations an

conditions on the part of the Contractor/s, the Contractor/s will pay to the Company all loss, damages, costs, charge

and expenses as the Company may be directly or indirectly put to in consequence of such non fulfillment by th

Contractor/s.

4. If the Contractor fails to perform the contract or carry out the contract to the satisfaction of the Compan

within the period fixed for the purpose of at any time repudiates the contract before expiry of such period, the Chie

Manager (Stores) or any Officer of the Company so authorized may, without prejudice to the right of the Company t

recover from the Contractor, damages for the breach of the contract, terminate the contract as a whole or terminate

part of the contract at the risk and cost of the Contractor without prior Notice and get the balance work execute

through some other agency and held the Contractor liable for all the losses and expenses incurred by the Company.

The decision of the Chief Manager (Stores) or accepting authority of HAL is final with regard to the satisfactor

performance of the contract and is binding on both the parties.

In the event of any dispute arising in connecting with this contract, it is further agreed that disputes shall b

referred to the arbitration of an Engineer/Officer to be got approved by Managing Director / General Manager o

Company.


(Bangalore Complex)


AIRCRAFT DIVISION


31/34

31

CONTRACT NO: ________________

CONTRACT FOR: _______________[Type subject of the work]

5. All disputes arising out of or in any way connected with the Agreement shall be deemed to have arisen

Bangalore and only Courts in Bangalore shall have jurisdiction to determine the same.

6. The following documents are deemed to form part of this agreement, namely the tender document includin

the General Terms & Conditions, Special Conditions, Scope of Service and the Schedule of rates and prices, all of whic

for the purposes of identification have been signed by the Dy. General Manager (M-2), Aircraft Division, on behalf of th

Company and the Contractor/s. The letter of Acceptance and all the letters referred therein will also form part of thi

agreement.

7. "This agreement further witnessed that the Contractor/s is/are responsible for any accident/s or othe

compensation payable to anybody including contract labour employed by or out of the contract arising out of the and

the course of execution of this contract and the Company is no way responsible / liable for any payment whatsoever t

be made by the Contractor. If for any reason/s the Company is made liable to pay any compensation for any acciden

arising out of and in the course of execution of this contract, the Contractor shall indemnify the Company to the exten

of compensation awarded / ordered by any authority."

In Witness Whereof the said parties hereto have hereunto set their hands.


(Bangalore Complex)


AIRCRAFT DIVISION

Witnesses; Witnesses;

1. 1.

2. 2.


32/34

32

Annexure - 7

FORMAT OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT/PERFORMANCE GUARANTEE

1. In consideration of the HINDUSTAN AERONAUTICS LTD., _________ Division (hereinafter called as "HAL

having agreed to exempt _______________________________ [hereinafter called "the said Contractor/Supplier(s)

from the demand, under Agreement/Contract/Order No.________dated_______(hereinafter called "the sa

Agreement"/ said Contract/ said Order), made between_____________________and____________________________

for_____________(indicate the scope of supply) of security deposit for the due fulfilment by the sa

Contractor/Supplier(s) of the terms and conditions contained in the said Agreement/Contract/Order, on production of

bank Guarantee for __________(indicate the amount in Rs / Foreig

Currency)(______________________________________ Only), We, ____________________________________

(hereinafter referred (indicate the name of the bank) to as "the Bank") at the request o

______________________________________ [contractor/supplier(s)] do hereby undertake to pay to HAL an amou

not exceeding ______________ (indicate the amount in Rs / Foreign Currency) against any loss or damage, cost

charges and expenses, claims caused to/ suffered or would be caused to/ suffered by HAL by reason of any breach b

the said Contractor/supplier(s) of any of the terms or conditions contained in the said Agreement/Contract/Order.

2. We _____________________________________________ (indicate the name of the bank) do hereb

unreservedly, irrevocably undertake to pay the amounts due and payable under this guarantee without any demu

merely on demand from HAL within fifteen (15) days of such demand stating that the amount claimed is due by way o

loss or damage caused to or would be caused to or suffered by HAL by reason of breach by the sai

contractor(s)/supplier of any of the terms or conditions contained in the said Agreement./Contract/Order or by reaso

of the contractor(s)' failure to perform the said Agreement/Contract/Order. Any such demand made on the bank sha

be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability unde

this guarantee shall be restricted to an amount not exceeding _______________ (indicate the amount in Rs / Foreig

Currency).

3. We undertake to pay to HAL an amount not exceeding _______ (indicate the amount in Rs / Foreign Currenc

so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceedin

pending before any Court or Tribunal relating thereto, Our liability under this guarantee being absolute and unequivoca

We,____________________________________________________ (indicate the name of bank) further agree with HA

that HAL shall have the fullest liberty without our consent and without affecting in any manner our obligation

hereunder to vary any of the terms and conditions of the said Agreement/Contract/Order or to extend time o

performance by the said contractor/supplier(s) from time to time or to postpone for any time or from time to time an

of the powers exercisable by HAL against the said Contractor(s)/supplier and to forbear or enforce any of the terms an

conditions relating to the said agreement/contact/order and we shall not be relieved from our liability by reason of an

such variation, or extension being granted to the said Contractor/supplier(s) or for any forbearance, act or omission o

the part of HAL or any indulgence by HAL to the said Contractor/supplier(s) or by any such matter or thing whatsoeve

which under the law relating to sureties would, but for this provision, have effect of so relieving us.


33/34

33

4. We, ________________________________________ (indicate the name of bank) lastly undertake not t

revoke this guarantee during its currency except with the previous consent of HAL in writing and agree that any chang

in the constitution of the said contactor(s)/Supplier(s) or Bank shall not discharge the Bank of its liability under th

deed.

5. The validity of Bank Guarantee shall be up to (dd/mm/yy) and such date shall be 60 day

after the last delivery/Services against the contract. The Bank Guarantee will continue to be enforceable till all the due

of HAL under or by virtue of the said Agreement / Contract/Order have been fully paid and its claims satisfied o

discharged or till HAL certifies that the terms and conditions of the said Agreement/Contract/ Order have been fully an

properly carried out by the said contractor/supplier(s) and accordingly discharges this guarantee.

6. This Bank Guarantee shall be governed by and constitute in accordance with Indian Law and shall be subject t

exclusive Jurisdiction of Indian Courts.

7. Dated the ____________ day of ___________ _____ for ______________________________ (indicate th

name of the Bank).


34/34

Annexure - 8

NO CLAIM CERTIFICATE

(To be submitted on Agency's Letter Head)

It is to certify that we have no claim against HAL for the work "______________________________________

Of Contract No.: __________________________________ Under the plant order No.: ___________________________except as included in the FINAL BILL and Refundable amount of Security Deposits/Performance Guarantee Deposit

any.

Further, it is also agreed to accept the final bill payment of Rs. __________________________ (includin

payments received through RARs & Pre-Final Bills) in full and final settlement of all our claims against HAL under th

aforesaid contract without raising any disputes.

For M/s.______________________________________

Place:_____________ (Signature with Date and Seal)