Hindustan Aeronautics Limited Aircraft Division Bangalore 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 Aircraft Division, HAL for a period of 02 years. : Rs. 28Lakhs Per Annum.
: HAL/A/CC/SC-30/05-2012 : TWO BID SYSTEM

Estimated Value
Tender Document No. Tender Type

Tender Document Fee EMD

: Rs. 2100/: 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

TABLE OF CONTENTS

TECHNO-COMMERCIAL (UN-PRICED) BID

1 2 3 4 5 6 7 8 INVITATION FOR TENDERS (IFT) E-TENDER INSTRUCTIONS INSTRUCTIONS TO TENDERER (ITT) TECHNICAL EVALUATION CRITERIA (TEC) SCOPE OF SERVICE (SOS) TENDER GENERAL TERMS & CONDITIONS (TGTC) SPECIAL CONDITIONS OF CONTRACT (SCC) ANNEXURES (1 to 8) 3-4 5-6 7-8 9 - 10 11 - 16 17 - 21 22 - 23 24 - 34

Hindustan Aeronautics Limited Aircraft Division (BC)

Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)
INVITATION FOR TENDERS (IFT)
Bidders are requested to submit their proposals (Techno-Commercial (Un-Priced) Bid and Price Bid) on-line at HALs e-procurement portal (http://eproc.hal-india.com) or linked to e-procurement through www.hal-india.com. Tenders not submitted through e-procurement portal will not be considered and will be rejected (No hard copies of Techno-Commercial (Un-Priced) Bid and Price Bid should be submitted). Only Tender Document Fee & Earnest Money Deposit (EMD) in original (Bank Draft / Pay Order) along with covering letter shall be submitted to HAL, Aircraft Division on or before the Due Date and Time in sealed cover, super scribing the Tender Ref. No. & Due Date. Refer attached e-tender terms for submission of Bids.
IFT No : HAL/A/CC/IFT-30/05-2012 Date :14/05/2012

Name of the Work

: Service contract for Customs Clearance and Transportation for Air & Ocean Imports of Aircraft Division, HAL for a period of 02 years. : HAL/A/CC/SC-30/05-2012
: 18/06/2012, 14.30Hrs (18th June, 2012, 14.30Hr.) : 19/06/2012, 10.00Hrs (19th June, 2012, 10.00Hrs.)

Tender Document No.

Due Date & Time for submission of Tender Tender Opening date & Time

Important: Please indicate the above Tender No. in all your Correspondence.
Dear Sir(s) / Madam, Aircraft Division, Bangalore of Hindustan Aeronautics Limited, would like to enter into a contract from the successful bidders to carry out the above stated work / service. The Tender Document Consists of the Following: 1. Invitation for Tender (IFT) 2. E-Tendering Instructions 3. 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) The following may kindly be noted: 1. All tenderer must follow the e-tendering instructions as per the attachment.

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This is a Two Bid Tender. Techno-Commercial (Un-Priced) Bid and Price Bid are to be filled separately as per the attached format & uploaded. Tenderer shall submit Tender Document Fee (non-refundable) of Rs. 2100.00 (Rs. Two Thousand One Hundred only) and Earnest Money Deposit (EMD) amount of Rs. 28,000.00 (Rs. Twenty Eight Thousand only) by way of Demand Draft in favor of Hindustan Aeronautics Limited and payable at Bangalore. Those Tenderers registered under Micro / Small / Medium Enterprise under the MSMED Act 2006 are exempted only from submission of EMD, provided they submit relevant documentary evidence to prove the same. However, they are required to submit the Tender Document Fee as stated above. The Earnest Money Deposit of unsuccessful Tenderer will be refunded on finalization of the Contract. In case of the successful 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 feels that the Tenderer is not bonafide or the Tenderer modifies or revokes the tender after its submission. The decision of the Accepting Officer is final and binding on the Tenderer. The scanned image of the DD's towards Tender Document Fee & EMD are to be uploaded online along with other Tender Documents and details such as DD No., DD amount & Bank details shall be provided while uploading the Technical Bid Data and the original DD's shall be submitted on or before the due date and time for submission of 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. Date and Time of Opening of Techno-Commercial (Un-Priced) Bid: 19/06/2012, 10.00Hrs (19th June, 2012, 10.00Hrs.) (Note: If the particular day happens to be a declared holiday in Aircraft Division, HAL, Bangalore, the next working day shall be considered.) Price Bid Opening: Date & Time shall be intimated later to only those tenderers who are qualified in the Technical Bid. Contact Person: Dy. Manager (Contract Cell), Hindustan Aeronautics Limited, Aircraft Division, Bangalore 560017, Karnataka, India. Ph. No. 080- 22321585, Fax: 080-22315188. e-mail: contractcell_ac@hal-india.com

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For and on the Behalf of Hindustan Aeronautics Limited

Dy. General Manager (M-2) Aircraft Division, Bangalore.

HINDUSTAN AERONAUTICS LIMITED AIRCRAFT DIVISION (BC) Post Bag No. 1788, Vimanapura Post, Bangalore 560 017 (India)
E-Tender Instructions for submission of Bids at HALs e-procurement portal (http://eproc.halindia.com)
1. The Tender (bids) should be submitted through e-Procurement Portal of Hindustan Aeronautics Limited (http://eproc.hal-india.com or link to e-Procurement portal through www.hal-india.com). Vendors need to get registered with HAL e-Procurement portal to submit their bids online. The tender documents can be downloaded free of cost from the e-Procurement Portal as well as from HAL website (www.halindia.com). Bidders should have Class III Digital Signature Certificate (DSC) and registration with HALs eprocurement Portal for submission of Bids. 2. Class III Digital Signature Certificate (DSC) with organization name is a mandatory requirement for suppliers to participate in e-Procurement activities. Class III DSC may be obtained from any of the Certifying Authority(CA's) mentioned below (Visit- http://cca.gov.in for further details): i) ii) iii) iv) M/s TCS, (www.tcs-ca.tcs.co.in) M/s e-Mudra, (www.e-Mudhra.com) M/s (n) Code solutions, (www.ncodesolutions.com) M/s Safescript(Sify) (www.safescrypt.com)

Suppliers/ vendors have to obtain Class III DSC from any of the above CA's and then register in the HAL eProcurement portal for participation in e-tender. In case any assistance is required, vendors may contact our e-procurement service provider at the following address: M/s Antares Systems Ltd., #24 Sudha Complex 3rd stage 4th block Basaveshwaranagar Bangalore 560079, India e-mail IDs dsc@antaressystems.com dscdigitakey@gmail.com Ph: + 91 80 40482000 Contact Persons: Mrs. Hema - + 91 80 40482000 ext 113 Mr. Vinay B.P -Mob: + 91 9448224342 Mr. Manohar Mob: + 91 9342106845. Alternatively, you may also contact: Chief Manager (PM) / Dy. Manager (Contract Cell) Tel: +91-80-22322300 / 22321585 / 22322247 e-mail: cm_pm_ac@hal-india.com / purchase_ac@hal-india.com 3. Bidders are also requested to go through instructions/ user manual hosted in HAL e-procurement portal for submission of bids. 5

4. The bids should be submitted in TWO BID System [Techno-Commercial (Un-priced) bid and Price Bid] as per the instructions given at Instructions to Tenderers (ITT). (Note: Each document size (attachment size of document) for uploading in e-procurement portal is restricted to 5MB. If the size of the document is more than 5 MB, you are requested to Zip /split the file 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 instructions given 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 before the due date and time specified in the tender. The server date and time as appearing on the HAL eProcurement portal (http://eproc.hal-india.com) will only be considered for the cut-off date and time for receipt of tenders. Offers sent through post, courier, fax and e-mail will not be considered. Late/delayed offers will not be considered. 8. HAL will not be responsible for the cost incurred in preparation & submission of bids including the cost towards obtaining digital certificate. 9. Bidders shall be required to arrange all resources including Digital Signature Certificate (DSC) and Internet connections at their own cost for participating in online tenders at http://eproc.halindia.com. HAL shall not be responsible for any delays whatsoever in receiving as well submitting offer (online), including connectivity issues.

For and on the Behalf of Hindustan Aeronautics Limited

Dy. General Manager (M-2) Aircraft Division, Bangalore.

Hindustan Aeronautics Limited Aircraft Division (BC)

Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)
INSTRUCTIONS TO TENDERER (ITT)
1. 2. 3. 4. 5. 6. 7. 8. 9. The invitation of Tender is open to all interested agencies who meets the Tender Evaluation Criteria. The Tenderer shall bear all costs associated with the preparation and submission of the Tender, and HAL, will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the Tendering process. Tenderer is to ensure compliance of all provisions of the Tender Document and submit their tender accordingly. HAL reserves the right to reject any or all the Tenders received at its discretion without assigning any reason whatsoever. Tenderer should not be under liquidation, court receivership or similar proceedings. Tenderer should not be 'blacklisted' by any Central Government PSU / Government Department. Job executed by a Tenderer for its own concern cannot be considered as experience for Tender Evaluation Criteria (TEC)". The company should be a registered company and a copy of the VAT / CST / Service Tax registration certificate (as the case may be) need to be attached. The Tenderer is expected to examine all Instructions, Annexures, Terms and Specifications of the Tender Documents. The ITT, together with all its attachments thereto, shall be considered to be read, understood and accepted by the Tenderer. The same shall be deemed to form an integral part of the Contract to be entered for this Job/Service. Failure to furnish all information required by the Tender Documents or submission of a Tender not substantially responsive to the Tender Documents in every respect will be at Tenderer's risk and may result in the rejection of the Tender. Tenders not submitted in the prescribed format are liable to be rejected. In the event of a tender being submitted by a Partnership Firm, the tender must be signed separately and legibly by 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 accompany the tender. The tendered rate of item(s) against which no rate or amount is entered by the tenderer, will be taken as ZERO and the amount of such items (for the quantities mentioned in the BOQ) shall be deemed to have been covered by the rate, quoted for other items. The Tenderer shall be responsible for the safety of the persons deputed by them. They shall also be responsible to abide by all the Company safety rules and guidelines issued by the Safety Department, Aircraft Division and all the rules and regulations of the State and Central Government. A prospective Tenderer requiring any clarification(s) of the Tender Documents may notify HAL in writing or by fax or e-mail at HAL's mailing address (stated in the Invitation for Tender) not later than Seven (07) days prior to the Tender Due Date. HAL may, if deem appropriate, respond to the request for clarification. At any time prior to the deadline for submission of Tenders, the Company (HAL) may, for any reason, whether on its own requirement or in response to a clarification requested by prospective Tenderers, modify the Tender Documents by issuing addenda / corrigenda. Any addendum / corrigendum thus issued shall be part of the Tender Documents. The Company may, at its discretion, extend the due date of submission of Tenders in order to allow the Tenderers a reasonable time to furnish their most competitive Tender taking into account the addenda / corrigenda issued. 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:

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a. The Tenderer shall courier / drop in the Tender Box meant for Aircraft Division available at the Admin Gate of Aircraft Division, HAL, Bangalore the Cover containing the followings so as to reach us on or before the Tender Due Date & Time. i. Original DD towards Tender Document Fee & EMD / certified copy of GOIs authority for exemption in lieu of EMD (applicable for vendors exempted from submission of EMD on account of their registration under MSMED Act 2006). ii. Original Letter of Authority.

iii. Any other documents beyond the uploading limit, except Technical Bid as per Annexure A / Price Bid as per Annexure - B. The Cover containing the above shall be super scribed with the Tender Reference No., Tender Due Date and 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, Hindustan 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 other 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 of EMD. b. Annexure - 1 to 5 duly signed & stamped by the Tenderer c. 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 past 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 with 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 will be paid or claim entertainment on this account by HAL. No claim will be entertained due to increase of any such elements, except service tax in the Budget. The applicable Service Tax must be clearly indicated in your tender, 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 any fluctuations in the Market Rates etc., No claim will be entertained on this account after acceptance of the 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 to 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 valid and binding. For and on the Behalf of Hindustan Aeronautics Limited

Dy. General Manager (M-2) Aircraft Division, Bangalore.

Hindustan Aeronautics Limited Aircraft Division (BC)

Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)
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 Over during the last 3 years, ending 31st March of the previous financial year and copy of the certified Balance Sheets and Profit & Loss Account for the same shall be submitted along with TechnoCommercial Bid. b) Latest Bankers Solvency Certificate issued not earlier than 6 months from the date of this Tender Notice from Nationalized / Scheduled Bank for the value of Rs.11.20Lakhs shall be submitted along 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 Tender Document and successfully provided such Work / Services to any Central or State Government / PSU / Reputed Large Pvt. Organization Units during the last 5 years (prior to the date of IFT). The documents (Work Order and respective completion certificate issued by client, indicating details of project / work / service executed) to prove credentials in this regard must be UPLOADED along with the Techno-Commercial Bid. If the completion certificate is from Private organization, the same shall be UPLOADED with TDS certificate. (A job executed by a Bidder for its own plant / project cannot be considered as experience for the 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 estimated value as per Tender Document. OR ii. Two similar completed works each costing not less than an amount equal to 50% of estimated value as per Tender Document. OR iii. One similar completed work costing not less than an amount equal to 80% of estimated value as per Tender Document.

b) The tenderer should have a valid service tax registration in their firm's name clearly indicating registration 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 dangerous goods. g) The agency should have an operating office in Bangalore with good communication facility including online 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.

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Hindustan Aeronautics Limited Aircraft Division (BC)

Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)
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 HAL or 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 1 2 3 4 Types of Imports for Customs Clearance Imports meant for Home Consumption Imports meant for Re-warehousing (100% EOU) Re-Imports received after Repair / Servicing / Re-calibration to HAL Re-Imports of Exhibition Goods Returned after Show at Abroad. Total annual imports (approx) 50% 44% 5% 1%

4. Types of Import Goods : Sl Description No Parts, Raw-materials, Paints, Consumables, Production Tooling, Tools, Jigs & Fixtures, Gauges, Ground Support Equipment, 1 Machinery, Scientific & Technical Instruments and goods under controlled temperature & Dangerous / Hazardous Goods for Manufacture of Aircrafts & sub-assemblies meant for Home Consumption and Re-warehousing. Aircraft / Helicopter Models, Aircraft / Helicopter Mockups, Exhibition materials & gifts: 2 a. procured for participating in Exhibitions and Air Shows in India b. returned after participating in Exhibitions and Air Shows at abroad. 3 Commercial Samples for acceptance and placement of Purchase 11

Total annual imports (approx)

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Orders Drawings / Blue Prints / Charts pertaining to manufacture of Aircraft or Aircraft Sub-assemblies either in physical or in CD mode. Production Tooling, Master Jigs, Fixtures, Gauges, Tools required for Calibration Tests & return Various types of Instruments, Equipments, & their Accessories supplied against Purchase Orders or as Temporary imports for returning after use or re-calibration Machinery & its Accessories, Spares supplied against the Purchase Orders

1% 1% 1% 1%

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 imports III. Executing an appropriate Bond / Undertaking with Customs Personal Deposit Accounts are being maintained by HAL, Aircraft Division, Bangalore, with the custodians / Warehouses of Customs at all Ports in Bangalore. Package details: All imports are received by HAL, Aircraft Division are packed in: wooden, carton, metal and Fiber boxes, Drums, contents / packages stacked & packed on the pallets, and in bundles etc., as per AWB, Shippers Invoice / Packing List. Sl Gross Weight of Packages of Air Imports received by HAL, Aircraft Average Annual No Division, Bangalore 560 017 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

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(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 Air import consignment per Bill of Entry arriving at BIA. 2) Consolidated Service Charges for Customs clearance, Transportation and Delivery of the Urgent / Critical / imports under Controlled Temperature / Hazardous Air import consignment per Bill of Entry arriving at BIA and delivery on 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 EDI or Manual BE, irrespective of Type of Cargo, number of parcel and weight, within free period & without attracting Storage Charges. b. Transportation of the Customs Cleared cargo and Delivery at GI Stores, Aircraft Division, HAL, Bangalore-560017. 3) Consolidated Service Charges for Customs clearance of Sea import consignment ( LCL/LCL or FCL/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, Clearance by EDI or Manual BE, irrespective of number of Containers, Parcels, Weight and type of cargo, within free period without attracting Storage and Detention Charges. 4) Transportation of Customs Cleared Sea import Consignments from ICD, Bangalore (CONCOR & 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/FCL or LCL/FCL or FCL/LCL) from ICD (CONCOR / CWC/ PPWPL) to GI Stores, Aircraft Division, HAL, 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 and 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 and responsibilities as detailed herein: I. The CHA shall collect the Cargo Arrival Notice, together with the import documents consisting of AWB, HAWB, Bill of Lading, House Bill of Lading (HBL), Consolidation Manifest Copy, Suppliers Invoice, Packing List, Delivery Order and related documents etc., from HALs Forwarding Agent/s (identified by HAL) and also from the other Air & Sea liners and its agents, Couriers and its agents. The CHA shall ensure to give one set of all the import documents collected from various agencies within 12 hours to HAL, Aircraft Division, Bangalore. The CHA shall ensure to keep all the import documents in their possession in strict confidence and these documents are to be used for clearing related functions of HAL, Aircraft Divisions imports only. 13

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The CHA shall verify and pay the Delivery Order fees to the liners of Air / Sea or their agents with regard to the imports received through the other liners / agents, couriers, other than HAL 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. The CHA shall undertake to file the Bill of Entry depending on the type of import at Customs, upon arrival of the consignment at BIAL by Air & at ICD by Sea, shipped by the Overseas Customers of HAL, Aircraft Division and clear the same from Customs as per laid down procedure, and deliver the imports along with import documents, all copies of Bills of Entry in Original to the GI Stores, HAL, Aircraft Division, Bangalore 560 017. The CHA shall arrange to Clear the imports received under Controlled Temperatures and deliver the goods to HAL, Aircraft Division on the same day of its arrival. Any loss of shelf life due to delay in clearance and transportation, the cost involved is recovered from the CHA. The CHA shall ensure to clear and deliver all urgent, critical and production hold up items and also priority consignments identified by the Chief of Stores, HAL, Aircraft Division, Bangalore, on the same day of its arrival. The corresponding documents required for clearance, if any, shall be followed up and collected by the clearing agent in advance from the Freight Forwarder. The CHA shall arrange to execute various Bonds with Customs, including Undertaking Bond, Indemnity Bond, End-Use Bond, and any other Bonds wherever needed, except B-17 Bond, as per Customs Laid down procedures for clearing the imports. The CHA shall arrange the duly prepared Bond papers for HALs authorized signature and execute the Bond. The CHA shall arrange to cancel the Bonds after the Bond obligation is fulfilled/completed/closed/expired. HAL, Aircraft Division, shall provide all necessary documents for executing and cancellation of the Bonds in stipulated time. Only the cost of the Bond paper is payable by HAL and no other charges are payable to CHA. 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, for clearance of the imports meant for Re-warehousing (100% EOU imports) at Bonds Sections at BIA and ICD. b. The CHA shall arrange to provide the Copy of the Bond Ledger (BT for B-17) after the expiry of BT Bond Amount / Period, to HAL, Aircraft Division, for submitting Re-warehousing Certificates for Cancellation of the BT. c. The CHA shall ensure to get the Closure Certificate from the Bonds Sections at BIA and ICD, after the expiry within 15 days of submission of the Re-warehousing certificates issued by the Range Central Excise. d. The CHA shall inform the Balance status of Block Transfer to HAL, Aircraft Division for obtaining fresh B-17 Block Transfer in time. The CHA is responsible for the delay if the requirement of fresh Block Transfer is not informed well in advance or if the BTs are not cancelled in time. The CHA shall monitor the status of various Bonds executed by HAL with Customs for clearing imports and shall arrange to cancel / Redeem such Bonds in time as per Customs procedure to avoid legal obligations and financial implications from the Customs & Central Excise Authorities. The CHA shall clear the imports from Customs and from the Customs warehouses within the stipulated cooling period and thereby avoid payment of any demurrages or additional storage charges at BIA & ICD. In the event of failure in clearing the consignment in stipulated cooling period, despite receipt of documents, the CHA is liable for payment of storage / demurrage & Detention charges. The CHA shall ensure to collect the consignments in sound condition from the Customs Warehouses and also deliver to HAL in the same condition. The CHA shall collect the Discrepancy Report or the Open Delivery Certificate from the authorities of the Warehouse / the Liner at the time of collecting the defective parcels from the Warehouses at BIA & ICD. The Discrepancy Report / Open Delivery Certificate shall be handed over to HAL while delivering the consignment for initiating appropriate claim action. 14

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XIX. XX.

XXI.

The CHA shall bring it to the notice of the Chief of the Stores Department, HAL, Aircraft Division, Bangalore, if any discrepancy noted in the documents, which affects the clearance process, within 24 hours from the time of arrival of the shipment at BIA or ICD. The same shall be clarified by HAL. The portion of delay on each side will be evaluated and apportioned to either partys account. The CHA shall clarify all the queries / objections raised by the Customs Authorities in the process of Import Clearance under the intimation to the Chief of Stores, HAL, Aircraft Division. The CHA shall collect the Short Landing Certificate from the respective Liner or any other applicable agency and shall submit immediately to the Chief of Stores, HAL, Aircraft Division, Bangalore, for initiating necessary claim action for non-delivery. The CHA shall ensure to send the Status Report of the imports of M/s HAL Aircraft Division, Bangalore, on every Friday. The CHA shall ensure to intimate the status of the imports under Customs Clearance and the consignments cleared from Customs are to be loaded on the transitory vehicle and forward the same to the GI Stores of HAL, Aircraft Division, Bangalore. The CHA shall transport the consignments after Customs Clearance and deliver the same to the GI Stores of Aircraft Division, HAL, Bangalore in sound condition along with the Duplicate and Triplicate copies of Bills of Entry and other import documents and obtain the acknowledgement for delivering the consignments in good and sound condition. Packages with lesser weight are to be unloaded by the Clearing Agent at the identified place. Forklift / Crane facilities shall be provided by HAL for the heavy consignments, while unloading at HAL premises. The C & F agent shall ensure to verify whether the package/s is/are received in externally sound condition, whether MAWB/MBL, HAWB/HBL, numbers are marked on the package/s are not. If any discrepancy is noted, the same shall be resolved with the concerned Liner or the Consol Agent within the stipulated free period. Any Additional Storage charges or the Demurrage charges incurred due to the delay has to be borne by the CHA. If any storage charges are paid it should be substantiated with proper reason in writing within 2 days after the clearance of the consignment. The CHA shall bear responsibility for any damages caused to the parcels during transit from BIA or ICD to Aircraft Division, Bangalore. The CHA shall ensure to intimate the balance amount status of the Personnel Deposit Account held with the Customs warehouses namely M/s. AISATS, M/s. MENZIES BOBBA AVIATION at BIAL, and M/s CONCOR , M/S Pearl Ports & Warehouses Pvt Ltd., at ICD, so that HAL provide a cheque for crediting the deposit amount on-line in time to avoid delay and payment of demurrages (Storage charges). The Clearing Agent shall arrange to obtain and forward the monthly statement of the said PDAs held by HAL, Aircraft Division, Bangalore. The CHA shall submit the updated list of employees engaged / allotted for Customs clearance and transportation work to be intimated to the Chief of Stores, Aircraft Division, Bangalore, for security reasons. (B.2)Responsibilities of HAL, Aircraft Division, Bangalore

I.

II. III.

HAL, Aircraft Division, Bangalore 560 017, shall provide copy of the Purchase Order (if applicable), Duty Exemption Certificate, Technical Write-up (if required), and any other documents found necessary to the CHA for Customs Clearance of the import Consignments at BIA & ICD. HAL, Aircraft Division, Bangalore 560 017, shall depute appropriate authorized personnel to liaise with Customs along with the CHA for clarifying the queries whenever the situation arises. HAL, Aircraft Division, Bangalore 560 017, shall arrange to issue a cheque or credit the deposit amount at Customs Warehouses towards storing & handling charges, upon timely intimation provided by the CHA.

15

IV.

V.

VI.

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 clearance of EOU imports from Customs at BIA & ICD. HAL, Aircraft Division, Bangalore 560 017, shall arrange to obtain the Re-warehousing Certificates for Re-warehoused imports (100% EOU imports) from the Range Central Excise and forward to the CHA for cancellation of the BT Bonds at BIA & ICD. HAL, Aircraft Division, Bangalore 560 017, shall provide required Forklift / Crane and other infrastructural assistance to unload the Heavy Cargo while Delivery of the Imports at HAL, Aircraft Division, Bangalore.

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 days 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 to prove the claims shall be submitted to Chief Manager (Stores), Aircraft Division. The cleared bills will be settled within 30 days of the bill submission with all relevant documents.

16

Hindustan Aeronautics Limited Aircraft Division (BC)

Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)
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 Company to execute the work/service to which these tender document pertains to and shall include his / their heirs, 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., Invitation for Tender (IFT) E-Tendering Instructions Instructions to Tenderer (ITT) Tender Evaluation Criteria (TEC) Scope of Service (SOS) Tender General Terms & Conditions (TGTC) Special Conditions of Contract (SCC) Annexures (1 to 8) Technical Bid (Annexure - A) Price Schedule Sheet (Annexure - B) Any Correspondence that has taken place between the Contractor and the Company from the time the 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 and Notice 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 shall reject a Tender valid for a shorter period being non-responsive. Tenderer shall not be entitled during the said 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 request that the Tenderer extend the period of validity for a specified additional period. The requests and the 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 the Tender Document. DEVIATION STATEMENT: Company will appreciate submission of offer based on the terms and conditions in the enclosed "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 on technical / commercial aspect of the offer. Bidders Tender shall be considered non-responsive and liable for 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

2.

17

3.

4. 5.

6. 7. 8.

9.

10.

11. 12.

13.

14.

Penalty Clause Sub Contract Termination of Contract Jurisdiction Arbitration Tender Due Date Extension: The Company may, in exceptional circumstances and at its discretion, on giving reasonable reason in Company website / press can extend the deadline for the submission of Tenders in which case all rights and obligations of the Company and Tenderers, previously subject to the original deadline will thereafter be subject to deadline as extended. LATE TENDERS / DELAYED TENDERS: HAL will not be responsible for the loss or delay in receipt of tender documents/tenders in transit. HAL reserves the right to reject Late / Delayed / incomplete tenders. 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 Tenders and the expiration of the period of Tender validity specified by the Tenderer on the Tender. TECHNO-COMMERCIAL (UN PRICED) BID OPENING: The Techno-Commercial (Un-Priced) Bid will be opened on the Opening Date & Time specified in the Tender Document. PRICE TENDER OPENING: The Company shall inform the time & date for "Price Tender Opening" to all such Tenderers who qualify pursuant to techno-commercial Tender evaluation. PRECEDENCE FOR ACCEPTANCE: If any contradiction / variance is observed in different components of the tender, the following precedence shall be observed: 8.1 Tender Notice and Instructions to Tenderer shall have precedence over Special Conditions and General Terms & 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 document and his decision in this respect shall be final and binding on the Contractor. CONTACTING THE COMPANY: 9.1 Subject to Clause 10.0 below, no Tenderer shall contact HAL on any matter relating to its Tender, from the 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 Tender comparison or award may result in the rejection of the Bidder's Tender. EXAMINATION OF TENDERS AND DETERMINATION OF RESPONSIVENESS: 10.1 Company will examine the Tenders to determine whether they are complete, whether the documents have 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 any technical and/or commercial clarifications sought regarding the Tender within the scope of service. Such price change shall render the Tender liable for rejection. All responses to request for clarifications shall be in writing. 10.3 Unsolicited clarification to the Tender and/or change in price during its validity period would render the Tender liable for outright rejection. TENDERED OR AGREED RATE: The Contractor shall agree not to petition for revision of rates tendered by him under any circumstances at any stage of work/service. In the event of any error in the description or in the quantity in Price Bid or any omission there from shall not vitiate the Contractor or release the contractor from the execution of whole or any part of contract comprised therein according to the drawings and specifications, or from any of his obligations under the contract. The Contractor shall satisfy himself or shall be deemed to have satisfied himself as to the existing system and other conditions as regards any connection they may have with the works of the subject of the contract, and he shall also inspect the site works and surroundings, the means of access there to and agree there from and he shall generally obtain his own information on all matters and things which can in any way influence his Tender. No claims for extra works or otherwise will be allowed in consequence of any misunderstanding, error, incorrect information on these points, or if any other inaccuracies in reference there to which may appear on the drawings or in the specification nor shall the contract be nullified in consequence of any such misunderstanding, error, incorrect information or inaccuracies. EXTENSION OF TIME: If the Contractor shall desire an extension of time for starting the contract on account of unavoidable circumstances, he shall apply in writing to the Engineer-in-Charge stating the reason for such extension

18

15.

16.

17.

18. 19.

20.

21. 22.

23.

24.

and the Accepting Authority shall, if in his opinion (which shall be final) reasonable grounds be shown therefore, authorize such extension of time, if any, as may, in his opinion be necessary or proper. PENALTY CLAUSE: 15.1 Time is the essence of the Contract and penalties are recoverable from the contractor for the breach of the terms of the Contract. 15.2 The Contractor is required to start the contract within 7 days of Notice to Commence the Work/Service by the Engineer-in-Charge. In case of failure to start the Contract within the stipulated time or the extended date, the Contractor shall, without prejudice to any other right or remedy of the Company on account of such 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 import consignments within the free period and transport & deliver the same to Aircraft Division Store on the same day of customs clearance or latest by very next day. If the contractor fails to deliver the shipments as stipulated above, then a penalty of Rs. 200.00 per Bill of Entry per day of delay will be deducted from the respective bill amount. 15.4 In case of URGENT / CRITICAL/IMPORTS UNDER CONTROLLED TEMPERATURE / HAZARDOUS IMPORT shipments, the same shall be customs cleared and delivered to our stores as per the request by the Officerin-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 money due or which may at any time become due to Contractor from its obligations and liabilities under the Contract or by recovery against the Security Deposit. Both Contractor and HAL agree that the above Penalty are genuine pre-estimates of the loss / damage which HAL would have suffered on account of delay / breach on the part of Contractor and the said amount will be payable on demand without there being any proof of the actual loss or damage caused by such breach / delay. A decision of HAL in the matter of applicability of Penalty shall be final and binding. HAL, at its own discretion, can split the total scope amongst more than one Contractor, in case the same is found suitable / advantageous to HAL. No escalation /revision in rates, terms & condition will be entertained on this account. Any order, resulting from the Tender, shall be governed by the Contents of the Tender Documents of HAL and any party quoting against this Tender shall be deemed to have read and understood these contents and to have quoted subject to these Tender Document contents. No condition and terms, notice of which has not been given in this enquiry by parties submitting quotations, will be considered by HAL, if put forward in subsequent correspondence after acceptance of orders etc. WRONG INFORMATION: If the Tenderer deliberately gives wrong information in his Tender to create circumstances for the acceptance of his Tender, HAL reserves the right to reject his Tender without any reference to the Tenderer and forfeit the EMD and take Administrative action against the Tenderer like non-issuance of Tenders etc., as deemed fit by the Accepting Officer.. FALL CLAUSE: Contractor confirms that the rates agreed represent the lowest rates that are being charged by them to any of their customers for similar service rendered under similar circumstances. Contractor further undertakes 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 to HAL. AWARD OF CONTRACT: The Company will award the Contract to the technically and commercially acceptable offers and / or have been determined as a lowest on least cost to Company. COMPANYS RIGHT TO ACCEPT ANY TENDER AND TO REJECT ANY TENDER: The Company reserves the right to accept or reject any Tender, and to annul the Tendering process and reject all Tenders at any time prior to award of the Contract without thereby incurring any liability to the affected Tenderer(s) or any obligations to inform the affected Tenderer(s) of the ground for Company's action. NOTIFICATION OF AWARD: 23.1 Prior to the expiration of period of Tender validity, HAL will notify the successful Tenderer in writing by fax / e-mail to be confirmed in writing, that his Tender has been accepted. The "Notification of Award / Fax of 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 effected pursuant to signing of "Contract Agreement". SIGNING OF AGREEMENT: 24.1 After the successful Tenderer has been notified for acceptance of his Tender, the Tenderer is required to execute the "Contract Agreement" as per HAL format (enclosed) within Twenty One (21) days of receipt of

19

25.

26.

27. 28. 29.

30. 31.

32.

FOA / FOI. The "Contract Agreement" is to be executed on the non-judicial paper of Rs. 100.00 (the cost of 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 for delay in submission. TERMINATION OF CONTRACT 25.1 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 other remedy for breach of Contract, by giving one month notice if Contractor fails to perform any obligation(s) under the Contract and if Contractor, does not cure his failure within a period of 30 days (or such longer 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 without compensation to Contractor, if Contractor becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to HAL. 25.4 Termination for Convenience: HAL may by written notice sent to Contractor, terminate the Contract, in whole or part, at any time for its convenience. However, the payment shall be released to the extent to which performance of work executed as determined by HAL till the date upon which such termination becomes effective. WAIVER OR TRANSFER OF THE CONTRACT: The successful Tenderer shall not waive the Contract or transfer it to third parties, whether in part or in whole, nor waive any interest that is included in the Contract without the prior written permission of the Company. MODIFICATION: Any modification of or addition to the Contract shall not be binding unless made in writing and agreed by both the parties. SUB CONTRACT: Sub Contracting without HAL prior written confirmation is not permitted for the tendered service. 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 or e-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. PARALLEL CONTRACT: The Contract entered with the successful tender resulting from this tender shall not debar HAL from entering into any Similar Contract or thereafter parallelly with any other contractors. BRIBES & GIFTS: Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the bidder 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 bidder may incur, subject the bidder to the cancellation of this and all other contracts with HAL and also to payment to HAL 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 HAL may think fit and sufficient and HAL decision shall be final and conclusive. ARBITRATION: In the event of any disputes or differences arising out of this contract or connected thereto whether before or after the termination / cancellation of the Contract, the same shall be referred to the sole arbitration of any person who shall be appointed by the Managing Director / General Manager, at his sole discretion. There shall be no objection to any such an appointment even if the arbitrator so appointed is an employee of any of the HAL Divisions / branches. Such an appointment of arbitrator shall not take place unless and until a written request for 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 has been appointed in place of the Arbitrator originally appointed, dies or unable to act as Arbitrator for any reason whatsoever, the Managing Director / General Manager aforesaid, shall appoint at his sole discretion any other person to act as Arbitrator in place of the Arbitrator into whom the matter is originally referred appointed or the Arbitrator who has been appointed in place of the Arbitrator originally appointed, as the case may be. Such person appointed as Arbitrator shall be entitled to proceed with reference from the stage at which it was left by his 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 to be referred to arbitration at all. The Arbitrator may from time to time with consent of the parties enlarge the time for making and publishing his award. The Arbitrator shall be deemed to have entered on the reference on the date on which the first hearing takes place. The venue of arbitration shall be such place as may be fixed by the Arbitrator at his sole discretion. The award of the Arbitrator shall be final, conclusive and binding on both the parties to

20

Contract Subject to as aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any Statutory modification or re-enactment thereof and the rules made thereunder from time to time and for the time being in force, shall apply to the arbitration proceeding under this clause. 33. JURISDICTION: Notwithstanding anything contained anywhere in any documents pertaining to this contract, the Court at Bangalore alone shall have the jurisdiction to try and deal with any matter, whatsoever arising out of this contract. ATTENTION i. ii. iii. The Tenderer shall visit the site prior to tender, as no claims will be allowed on the ground of ignorance of the conditions under which works shall be executed. Time will be the essence of the contract and the contractor is to complete the whole of work in the time stated in the tender, subject to the schedule of conditions. The contractor is to provide at all times during the progress of work and the maintenance period, proper means of access, with ladders, gangways, etc and the necessary attendance to move and to adopt as directed for inspection of their representatives. No separate rates will be allowed. The contractor is to keep all persons under his control and within the boundaries of the site, and he will be held responsible for the care of the works generally until their completion including all works executed and materials deposited on the sites by himself or suppliers, together with all risks arising from weather, carelessness of apprentices, damage or loss by thefts or by any other cause and is to allow for all necessary watching and protective lightings.

iv.

21

Hindustan Aeronautics Limited Aircraft Division (BC)

Post Bag No: 1788, Vimanapura Post, Bangalore 560 017 (INDIA)
SPECIAL CONDITIONS OF CONTRACT (SCC)
1. Tender Document Fee (Non-Refundable): The Technical Bid shall be accompanied by a crossed Demand Draft of Rs.2100/- (Rs. Two Thousand One Hundred only) towards Tender Document Fee favoring Hindustan Aeronautics Limited and payable at Bangalore. 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 at Bangalore. Those Tenderers registered under Micro / Small / Medium Enterprise under the MSMED Act 2006 are 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. In case of the successful Tenderer, the Earnest Money Deposit will be returned on submission of required Bank Guarantee towards Security Deposit. The Earnest Money Deposit is liable to be forfeited in case the Accepting Officer feels that the Tenderer is not bonafide or the Tenderer modifies or revokes the tender. The decision of the Accepting Officer is final and binding on the Tenderer. CONTRACT SECURITY DEPOSIT (SD): a. The successful tenderer will be required to furnish Security Deposit (SD) for the fulfillment of the contract. The security Deposit shall be 10% of Rs.28Lakhs. This amount shall not be altered during the execution of the work due to deviation, either Plus or Minus. b. The Contractor shall deposit the difference between EMD and full SD by Demand Draft / Bank Guarantee from a nationalized/scheduled bank within 21 days of Notification of Award / Fax of Acceptance (FOA) / Fax of Intent (FOI). The BG towards SD should be sent to Dy. Manager (Contract Cell) directly by the issuing bank under registered post. c. Any delay in depositing the SD as above shall attract a levy of penalty @ 2% of SD amount per week or part thereof 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 the work 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 liability certificate (taking over certificate with a list of defects) / completion certificate . Retention money will be refunded after defects liability period. f. The work shall not be generally allowed to be started unless security deposit has been paid. However, in exigency and facilitate the completion of work, the same may be allowed with the prior approval fo Accepting Authority. g. Also no payment shall be released to the Contractor unless SD is submitted and Contract Agreement is executed. PAYMENTS: a) Billing shall be raised as per Clause No. E of Scope of Service and as far as payment is concerned, Aircraft 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 the payments electronically, the Tenderer should furnish the bank details in the specified ECS format of HAL, in case work is awarded to them. Payment other than the above will not be considered. SALES TAX ON WORKS CONTRACT AND RECOVERY AT SOURCE: Rate quoted shall be inclusive of Sales Tax element on works contract. Sales Tax on works contract will be recovered as per the rates indicated in Clause 19A of the Act (KST) and the same will be remitted to the Tax Authorities on monthly basis. A certificate to this effect will be issued to the Contractors for claiming reduction in total tax payable by them. RECOVERY OF INCOME TAX: Recovery of Income Tax under Section 194 (c) of Income Tax 1961 introduced by the Finance Act 1972 and further amendments thereon will be made from the gross payments payable at source on all the contract works with value above Rs.10000.00.

2.

3.

4.

5.

6.

22

7. 8.

9.

The Contractor shall be liable for any loss caused to HAL due to financial or any other irregularities committed by the employee/labour deployed/working under their contract. WORKS TO BE EXECUTED IN APPROVED MANNER: The works/services, the subject of the contract, specified and provided for, or that may be necessary to be done to form and complete any part thereof, shall be executed and 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 every such time reject any or all of such services, which to him, may appear unfit or improper for the several purposes to which they are applied, or intended to be applied, or as not in accordance with the memoranda instructions or directions respectively. WORKS TO BE EXECUTED WITH AN EXPEDITION FAILING WHICH THE COMPANY MAY EMPLOY CONTRACTORS WITHOUT VITIATING THE CONTRACT: The Contractor shall commence to carry on the works with due diligence, and as much expedition as the Engineer in charge may reasonably expect, having regard to the specified time for Customs Clearance & Transportation of the import consignments, in case the Contractor fails to do so or neglect to provide proper and quality service then the company shall have full power, without vitiating contract, to take the service wholly or in part of the hand of the Contractor, to engage or employ any other agency, for the due execution and completion of the said service and the costs and charges incurred by the Company in so doing shall be ascertained by the Accepting Officer and be competent for the company to deduct the amount of such costs and charges along with overheads out of any sum or sums due or to become due from the company to the contractor under this or any other contract.

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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-inCharge

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 need not 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: Date: Seal:

24

ANNEXURE-2 PRESENT COMMITMENTS OF THE TENDERER

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-inCharge

Value of Contract

Date of Commencement of Contract

Contract Expiry Date

Remarks

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

(Signature of authorized signatory of the TENDERER)

Name: ________________________ Designation: ___________________ Place: Date: Seal:

25

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 against the proprietor/firms/partner regarding scam or disciplinary proceedings or any criminal activities. And /or not sentenced for such activities. Also, I / We have not been suspended or been blacklisted by any other Govt. Ministry/Department/PSU/Court. We also certify that either our firm or any of the partners are not involved in any scam or disciplinary proceedings settled or pending adjudication.

(Signature of authorized signatory of the TENDERER)

Name: ________________________ Designation: ___________________ Place: Date: Seal:

26

Annexure - 4 LETTER OF AUTHORITY

[PRO FORMA FOR LETTER OF AUTHORITY FOR ATTENDING NEGOTIATIONS / CONFERENCES / CORRESPONDENCE] Ref. To, Date:

HAL, Aircraft Division, Vimanapura Post, Bangalore 560 017.

Sub: HAL Tender Document No.: HAL/A/CC/SC-30/05-2012. Dear Sir, We _____________________________________ hereby authorize following representative(s) for any other 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 representatives. Yours faithfully, For and on behalf of ______________________________

(Signature of authorized signatory of the TENDERER)

Name: ________________________ Designation: ___________________ Place: Date: Note: This Letter of Authority should be on the letterhead of the Tenderer and should be signed by a person competent and having the power of attorney to bind the Tenderer. A copy of the Power of Attorney duly attested by a Gazetted Officer must accompany the tender. Seal:

27

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. Dear Sir,

HAL/A/CC/SC-30/05-2012

Please find herewith enclosed the Tender document comprising of Terms & Conditions, General & Special Conditions, Safety code and Bill of Quantities relating to the works/Service specified in the Tender Document downloaded from HAL website www.hal-india.com hereinafter set out and having acquired the requisite information relating thereto as affecting the tender, I/We hereby offer to execute the works specified in the said document with the rates & materials mentioned at Price Bid portion of Tender document and in accordance in all respects with the conditions, specification & instrumentations in writing referred to in conditions of tender Appendix to the form of Tender, Articles of Agreement, General Conditions of Contract, Special Conditions of Contract, Appendix to the tender, Annexures, Safety Condition, Technical Specifications, Bill of Quantities and in all other respects in accordance with such conditions so far as they may be applicable. The document being downloaded from the website and having read and understood all the contents of the 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

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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)

AGREEMENT
CONTRACT NO: ________________ CONTRACT FOR: _______________[Type subject of the work]

ARTICLE OF AGREEMENT made on this _____ day of __________ Two Thousand______________ between the Hindustan Aeronautics Limited, Bangalore Complex, Bangalore-560 017, hereinafter called HAL or Company (which expression shall include its successors and assigns wherever the context or meaning shall so require or permit) of the one part and M/s._____________________________________ having its registered office

at___________________________________________________________________________________ hereafter called the Contractor (Which expression shall include its successors and assigns wherever the context or meaning shall so 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 connection with ___________________________________________________________________________________________

in the Companys Factory area, for the Company, as set forth in the Tender Document and subsequent amendments and its Annexure according to the terms, obligations and conditions contained therein and for the rate as per Annexure 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) AIRCRAFT DIVISION SIGNATURE OF CONTRACTOR/S

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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 schedule

stipulated in the tender and as accepted by the Company, will execute the Contract in its entirety subject to all and singular, the terms, obligations and conditions in the said tender as amended and will truly observe, perform, fulfill, submit to and keep all the said terms, obligations, conditions and matters in the said tender according to the true intent and meaning of the said tender. Incase the work/service is not completed in the manner mentioned above to the complete satisfaction of the Company in every respect within the aforesaid time limit of tender, the Contractor/s agree/s to pay a penalty as per 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 the

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

of the non-fulfillment in any respect by the Contractor/s of the said covenants, terms, agreements, obligations and conditions on the part of the Contractor/s, the Contractor/s will pay to the Company all loss, damages, costs, charges and expenses as the Company may be directly or indirectly put to in consequence of such non fulfillment by the Contractor/s. 4. If the Contractor fails to perform the contract or carry out the contract to the satisfaction of the Company

within the period fixed for the purpose of at any time repudiates the contract before expiry of such period, the Chief Manager (Stores) or any Officer of the Company so authorized may, without prejudice to the right of the Company to recover from the Contractor, damages for the breach of the contract, terminate the contract as a whole or terminate a part of the contract at the risk and cost of the Contractor without prior Notice and get the balance work executed 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 satisfactory 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 be referred to the arbitration of an Engineer/Officer to be got approved by Managing Director / General Manager of Company. For HINDUSTAN AERONAUTICS LIMITED (Bangalore Complex)

Dy. GENERAL MANAGER (M-2) AIRCRAFT DIVISION

SIGNATURE OF CONTRACTOR/S

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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 at

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 including

the General Terms & Conditions, Special Conditions, Scope of Service and the Schedule of rates and prices, all of which for the purposes of identification have been signed by the Dy. General Manager (M-2), Aircraft Division, on behalf of the Company and the Contractor/s. The letter of Acceptance and all the letters referred therein will also form part of this agreement. 7. "This agreement further witnessed that the Contractor/s is/are responsible for any accident/s or other

compensation payable to anybody including contract labour employed by or out of the contract arising out of the and in the course of execution of this contract and the Company is no way responsible / liable for any payment whatsoever to be made by the Contractor. If for any reason/s the Company is made liable to pay any compensation for any accident arising out of and in the course of execution of this contract, the Contractor shall indemnify the Company to the extent of compensation awarded / ordered by any authority." In Witness Whereof the said parties hereto have hereunto set their hands.

For HINDUSTAN AERONAUTICS LIMITED (Bangalore Complex) Dy. GENERAL MANAGER (M-2) AIRCRAFT DIVISION SIGNATURE OF CONTRACTOR/S

Witnesses; 1.

Witnesses; 1.

2.

2.

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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 said Agreement"/ said Contract/ said Order), made between_____________________and____________________________ for_____________(indicate the scope of supply) of security deposit for the due fulfilment by the said Contractor/Supplier(s) of the terms and conditions contained in the said Agreement/Contract/Order, on production of a bank Guarantee for __________(indicate the Only), bank) We, to amount in Rs / Foreign

Currency)(______________________________________ (hereinafter referred (indicate the name of the

____________________________________, as "the Bank") at the request of

______________________________________ [contractor/supplier(s)] do hereby undertake to pay to HAL an amount not exceeding ______________ (indicate the amount in Rs / Foreign Currency) against any loss or damage, costs, charges and expenses, claims caused to/ suffered or would be caused to/ suffered by HAL by reason of any breach by 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 hereby

unreservedly, irrevocably undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from HAL within fifteen (15) days of such demand stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by HAL by reason of breach by the said contractor(s)/supplier of any of the terms or conditions contained in the said Agreement./Contract/Order or by reason of the contractor(s)' failure to perform the said Agreement/Contract/Order. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding _______________ (indicate the amount in Rs / Foreign Currency). 3. We undertake to pay to HAL an amount not exceeding _______ (indicate the amount in Rs / Foreign Currency)

so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto, Our liability under this guarantee being absolute and unequivocal. We,____________________________________________________ (indicate the name of bank) further agree with HAL that HAL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement/Contract/Order or to extend time of performance by the said contractor/supplier(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by HAL against the said Contractor(s)/supplier and to forbear or enforce any of the terms and conditions relating to the said agreement/contact/order and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor/supplier(s) or for any forbearance, act or omission on the part of HAL or any indulgence by HAL to the said Contractor/supplier(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

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4.

We, ________________________________________ (indicate the name of bank) lastly undertake not to

revoke this guarantee during its currency except with the previous consent of HAL in writing and agree that any change in the constitution of the said contactor(s)/Supplier(s) or Bank shall not discharge the Bank of its liability under this deed. 5. The validity of Bank Guarantee shall be up to (dd/mm/yy) and such date shall be 60 days

after the last delivery/Services against the contract. The Bank Guarantee will continue to be enforceable till all the dues of HAL under or by virtue of the said Agreement / Contract/Order have been fully paid and its claims satisfied or discharged or till HAL certifies that the terms and conditions of the said Agreement/Contract/ Order have been fully and 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 to

exclusive Jurisdiction of Indian Courts. 7. Dated the ____________ day of ___________ _____ for ______________________________ (indicate the

name of the Bank).

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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 if any. Further, it is also agreed to accept the final bill payment of Rs. __________________________ (including payments received through RARs & Pre-Final Bills) in full and final settlement of all our claims against HAL under the aforesaid contract without raising any disputes.

For M/s.______________________________________

Place:_____________

(Signature with Date and Seal)

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