Hindustan Aeronautics Limited Tender

Karnataka, also known as Karunadu, is a state in the southwestern region of India. Karnataka was formed originally as Mysore State on 1st November 1956 and currently is the biggest state in south India. Its capital and largest city is Bengaluru. It covers an area of 191,791 km2 (74,051 sq mi) and is the sixth largest state by area comprising 31 districts. Karnataka is also a state of multiple languages; Kannada being the official and most widely spoken language in Karnataka. Other languages spoken in the state include Tamil, Telugu, Malayalam, Kodava, Konkani and much more.Karnataka tenders are issued by the government of Karnataka, public & private sector organisations. The state government issues majority of the Karnataka tenders, which are for goods and services including construction, road and bridge construction, IT services, engineering services, medical services, educational services amongst many others. Bidassist is one of the largest eprocurement portals, which offers all government tenders from across the world in one place. Bidassist offers information on all Karnataka tenders and other state and authority tenders in no time. Bidassist is a platform where users can look for various Karnataka tenders as well as other tenders.

Hindustan Aeronautics Limited - HAL Tender

Goods
Electrical Goods and Equipments
Electrical and Electronics
GEM
Opening Date21 Nov 2024
Closing Date12 Dec 2024
Tender AmountRefer Documents 
Notes
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Costs

Summary

CATEGORY: Fans (wall mounted and Exhaust)

Description

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BOQ Items

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DO_NOT_SHOW

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Vendor need to submit the quotation for Total charges inclusive of GST & other charges as per Scope of work in GeM Portal.

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The 'Class-l & II local suppliers' should provide a “Self Certification” along with technical offer indicating that the item offered meets the minimum local content i.e. 20%. If local content is less than 20%, would be summarily rejected. Kindly mention Local content in % & upload local content declaration certificate on GeM. Format for “Self-Certification” for “Local Content” (To be uploaded on portal on Vendor letter head) Appendix-B (Type-I) (pdf attached)

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Vendor has to provide total price for full qty including all taxes & charges as applicable on GeM portal only. Quotation received for partial qty will not be considered and would be summarily rejected.

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Incase of MSME, please upload MSME certificate on GeM.

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Item Description

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Supply & Fixing of Industrial Type fan 600mm

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Parameters

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Brand

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Fan Size (Sweep Size) (Mm)

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Type of Air Circulator Fan

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Method of Mounting

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Type of Fan motor

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Minimum Total air delivery(cubic meter)

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Maximum Input power (Watt)

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Warranty (A)

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Type of elcloser of motor and regulator

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Rated Voltage

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Rated Frequency

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RPM at maximum speed

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Number of Blades

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Material of blade

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Body Colour

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Fan Guard

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Scope of Work

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Supply & Fixing of Wall mounted 450mm fan

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Parameters

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Brand

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Fan Size (Sweep Size) (Mm)

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No of blades

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Rated Fan speed in RPM

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Color

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Oscillation

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Pull cord control

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Motor Winding material

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Vertical adjustible tilt mechanism

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Input power

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Wrranty

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Scope of Work

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Supply & Fixing of Exhaust fan 450mm

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Parameters

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Brand

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No of poles

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Type of fan

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Sweep size in mm

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Insulation material class

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Input Voltage

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Warranty

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Scope of Work

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Description

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Supply , providing ,fixing on wall (concealed) and connecting 4 ways, 415V, TPN MCB Distribution board (double door HORIZONTAL type) of sheet metal enclosure of approved make for housing the MCB and commissioning of the same with all accessories ( Fan Power circuit )

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Supplying, fixing, connecting from source and testing of 415V,63 Amps TP & Netural MCB of approved make:HAVELLS/CG/ABB as outgoing for SP MCB circuits in DB ( Fan Power circuit )

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Supplying , fixing and connecting 16 Amps SP MCB of approved make: HAVELLS/CG/ABB as required, outgoing for RAW power socket & Lighting circuits in DB ( Fan Power circuit )

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Supply , lying,fixing(by using saddle clamps,screws etc complete) and connecting 3.5 core x 25 Sqmm XLPE insulated armoured heavy duty electric cable with aluminium conductor ,1100 volts grade of approved make (for connecting main panel to MCB DB).

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Supply and providing indoor/Outdoor cable end termination for the 3.5 core x 25 sqmm cable of 1100 grade aluminium conductor armoured U.G. cables employing necessary glands ,end terminals, bolts &nuts etc complete in all respects of approved make

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Supply and providing wiring by tapping the supply from the existing MCB DB for circuit /submain wiring in the 25 mm dia PVC conduit ( vendor has to supply) including saddle,clamps,Tees,Junction, Bend ,Screws etc complete with 2 run x 2.5 sqmm + 1 run x 2.5 sqmm earth wire (Each run of 1000 mtrs) of FR PVC insulated copper conductor single core multistrained cable for air circulator fans & power points complete (For single phase power point wiring)

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Supply and commissioning 3 module modular white cover plate with frame for fitting the 1 nos modular switches and 1 nos 5 pin modular sockets of approved make with all accessories like screws etc complete in all respect

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Supplying and commissioning of one way 16 Amps,1 module modular switch on the existing board for contrlling the power points of approved make..

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Supplying and commissioning of 6/16 Amps-2/3 pin combined 2 module modular socket on the existing board for the power points of approved make

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Supply and fixing 600 mm sweep 230 volt 50 Hz industrial heavy duty wall mounted aircirculator fan with regulator and necessary interconnections .Vendor has to fix the fan on wall /steel structure with all hardwares like nut bolt ,clamps etc.

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Supply , fixing and connecting Wall mounting fans,Size: 16 Inch (450mm), 3 or 4 Blade, Single Phase 230 V, 50 Hz, speed: 1000/1500 rpm , Oscillating type, built in thread operated type speed selector switch ,Complete with motor, fan blade, , front and rear guard.etc.

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Supply and fixing 450 mm sweep heavy duty, 230 volt 50 Hz exhaust fan with .Vendor has to fix the fan on wall /steel structure with all hardwares like nut bolt ,clamps etc.Vendor has to make the cutout on the brick wall and finish with cement plaster for fixing the exhaust fan. (cut out & finishing)

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Terms and Conditions:

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The vendor has to give quote for : Supply and Fixing of Fans along with accessories. The value quoted should be firm and fixed. Price quoted should be on F.O.R. Destination basis, at HAL-ACD inclusive of all charges.

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Commercial terms & Conditions (IMPORTANT TERMS AND CONDITIONS FOR SUBMISSION OF BIDS THROUGH GEM)

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Bidders are requested to submit their proposals (Technical and Price bid) online at GEM portal. Tenders submitted other than GEM portal will not be considered and will be rejected (No Hard copies of Technical and Price bid should be submitted). HAL is not responsible for delays / problems faced if any with internet, etc. Hence you are requested to submit the bids on-line well before the tender due date and time.

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TENDER DUE DATE: The due date for submission of quote is as given in the Request for Quotation through GEM portal. Please note that the due date for submission generally will not be extended. If extension is required, vendor has to provide request for extension 5 days before the due date, failing which extension will not be done.

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LATE TENDER: HAL will not be responsible for inability of vendor to upload the tender documents on GEM

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Restrictions under Rule 144(xi) of the General Financial Rules (GFRs) issue by GoI, Ministry of Finance, Department of Expenditure (DOE). Annexure-II A, Type I or Type II as applicable (To be uploaded on portal) (pdf attached)

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Additional Terms & conditions Public Procurement (Preference to Make in India), Appendix-A (Type II) (pdf attached)

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The acceptance of offers and Terms & Conditions is at the discretion of HAL. The decision of HAL is final & binding on all the parties. Disregard of any instructions, may result in your offer being ignored. The delivery should be provided at ACD, HAL, Bangalore -37 (Delivery Term : FOR basis)

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FIRM PRICES : The value quoted should be firm and fixed during the period of contract. Cost break up and Taxes/duties break up /other charges breakup if any to be provided separately after opening of price bid.

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New Firm (Non Registered vendor): Indicate in your quotation, whether you are an approved vendor of HAL and if so by which division of HAL. If you are not an approved vendor of HAL, submit the application for Registration by HAL by downloading application format from our website www.hal-india.co.in with necessary documents. Deemed Registration: Vendors registered in other Defense PSUs will be considered as Deemed Registered. This Deemed Registration will enable the vendors to participate in all future tenders of HAL for similar category of goods/services subject to fulfillment of other eligibility criteria indicated in the tender. However, prior to placing of order, in case the vendor is selected after following the due process/procedure, all the formalities relating to completion of regularization of the Registration Process as per the extant procedure of this will have to be completed.

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Payment terms (In the event of placement of order) : a) In the event of an order, "100% payment will be made within 30 days of receipt, acceptance of items by User Dept by RTGS or any other latest Electronic Payment remittance mode.". b) Kindly indicate your Account No., Banker Name and Address in your quotation. c) Advance payment will not be entertained. d) Bank Account details endorsed by your bank should be uploaded in GeM along with technical bid. In case any other terms of payment are offered by vendor, the offer will not be considered for technical evaluation. In this regard, decision is at the discretion of HAL. The decision of HAL is final & binding on all the parties.

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LIQUIDATED DAMAGES In the event of an order, we reserve the right to collect a sum of 0.5% per week of delay or part thereof, subject to a maximum of 10% as our claim-towards liquidated damages on the undelivered part of the order.The LD amount will be calculated including taxation element.

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Any order resulting from this enquiry, shall be governed by these general Terms and Conditions of contract of H.A.L. as specified here and any party quoting against this enquiry shall be deemed to have read and understood these terms and conditions.

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When counter terms and conditions of business have been offered by tenderer, H.A.L. shall not be deemed to be governed by such terms and conditions unless specific written acceptance thereof has been given by H.A.L.

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Income tax & TCS: In the event of placement of order, income tax & TCS will be deducted at source from the charges as per govt Regulations. Please furnish your PAN and GST registration number. Unless the rate at which GST chargable are clearly shown separately, claim for GST will not be entertained later. It would be assumed that rates are inclusive of GST. In case, the vendor wants the taxes to be paid over and above the quoted rates, the taxes, and other Govt. levies should be indicated in detail.

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GST: Vendor should indicate the GST applicable extra in their offer with HSN/SAC. Unless the rate at which GST in terms of SGST, CGST & IGST Chargeable is clearly shown, claim for GST will not be entertained latter and it will be assumed that the rates quoted are inclusive of applicable GST.

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GST TDS: Under section 51 certain percentage of GST i.e. @ 2% of GST (2% IGST (for Interstate) / 1% CGST + 1% SGST for Intra State) to be deducted by the recipient if the contract value is more than Rs. 2,50,000. TDS will be deducted when • Supplier, place of supply and recipient are in the same state • Supplier as well as the place of supply are in different states TDS will not be deducted if Supplier as well as the place of supply are in same State and the recipient is located in different State . TDS will be deducted at the time of payment or entry on books whichever is earlier.

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

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GST Registration Number (15-digit GSTIN): If the bidder has multiple business verticals in a state and has separate registration for each vertical, the GSTIN of each vertical is concerned with the supply and service involved, as per the scope of Schedule of Requirements and Price Schedule quoted. If the supply/ service provided is from multiple states, the bidder should mention GST registration numbers for each state separately.

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Earnest Money Deposit (EMD): An EMD amount mentioned in the GeM tender to be submitted through SBI collect or in form of original documents i.e. Bank Guarantee (as per GEM format & valid for 45 days beyond the bid validity) is to be submitted through bank. All bank charges will be to seller account. Scanned copy of the same shall be uploaded by Seller in the online bid and hard copy of the same will have to be submitted directly to the Buyer within 5 days of bid opening, failing which the bid may be treated as incomplete & may lead to rejection of the bid by buyer without making any reference to the seller. The Bank Guarantee should be valid for 45 days beyond the validity of the bid (180 days +45 days). No interest shall be payable upon the Bid Security / EMD or any other amounts payable by the Seller to the Buyer under the Contract/enquiry. EMD will be exempted from furnishing Bid Security /EMD proof as per GeM and GOVT rules and procedures.

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Security Deposit : a) The successful vendor, shall have to deposit 5% of the oder value (Excluding Taxes) of the order as Security Deposit within 15 days of receipt of the purchase order, through SBI collect or bank guarantee in a prescribed format of H.A.L from a scheduled bank in India, valid up to 60 days after the completion of contract period/last supply. This Security Deposit will bear no interest and will be returned only after the contract is completed to the entire satisfaction of H.A.L.

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b) In case the contract is not executed to the entire satisfaction of H.A.L, the security deposit shall be forfeited, besides initiation of risk purchase action.

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c) No claim will be entertained against HAL either in respect of interest, if any due on the security deposit or depreciation in value.

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d) On due performance and completion of the contract in all respects, the security deposit will be returned to the vendor, without any interest, on presentation of absolute “No Demand Certificate” and upon return in good condition of any specifications, drawings, samples or any other property belonging to the purchaser, which may have been issued to the vendor.

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PERFORMANCE BANK GUARANTEE : Vendor shall furnish a Performance Bank Guarantee as per GeM format for 10% of order value valid till end of the guarantee / warranty period from a bank of international repute. In case vendor does not agree for Performance Bank Guarantee / retention of equivalent amount, the offer should be summarily rejected.

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Parallel Arrangement: Any Order awarded to the successful bidder as a result of this tender, will be on non-exclusive basis. HAL reserves the right of entering into parallel contract(s)/ release parallel Order(s) with any other firms now or hereafter.

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Conflict of Interest: Any bidder having a conflict of interest, which substantially affects fair competition, shall not be eligible to bid in this tender. Bids found to have a conflict of interest shall be rejected as nonresponsive. A bidder in this Tender Process shall be considered to have a conflict of interest if the bidder: a) Directly or indirectly controls, is controlled by or is under common control with another Bidder; or b) Receives or have received any direct or indirect subsidy/ financial stake from another bidder; or c) Has the same legal representative as another bidder for purposes of this bid. A Principal can authorize only one representative, and the representative also should not represent or quote on behalf of more than one Principal. However, this shall not debar more than one Authorized distributor from quoting equipment manufactured by an Original Equipment Manufacturer (OEM), in procurements under Proprietary Article Certificate; or d) Has a relationship with another bidder, directly or through common third parties, that puts it in a position to have access to information about or influence the bid of another Bidder or influence the decisions of the Procuring Entity regarding this Tender process; or participates in more than one bid in this tender process; or

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e) Participation in any capacity by a Bidder (including the participation of a Bidder as sub-contractor in another bid or vice-versa) in more than one bid shall result in the disqualification of all bids in which he is a party. However, this does not limit the participation of a non-bidder firm as a sub-contractor in more than one bid; or f) Would be providing goods, works, or non-consulting services resulting from or directly related to consulting services that it provided (or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm), for the procurement planning (inter-alia preparation of feasibility/ cost estimates/ Detailed Project Report (DPR), design/ technical specifications, Terms of Reference (ToR)/ Activity Schedule/ schedule of requirements or the Tender Document etc.) of this Tender process; or g) Has a close business or family relationship with a staff of the Procuring Organization who: i) Are directly or indirectly involved in the preparation of the Tender document or specifications of the Tender Process, and/or the evaluation of bids; or ii) Would be involved in the implementation or supervision of resulting Contract.

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Arbitration: Clause for other than DPSUs or PSUs: All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this Contract or the breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration or International Centre for Alternative Dispute Resolution (ICA/ICADR) and the award made in pursuance thereof shall be binding on the parties. The provisions of the Arbitration and conciliation Act 1996 or any statutory modifications thereof shall apply to such legislation. Applicable only for MSEs: The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides parties to a dispute (where one of the parties is a Micro or Small Enterprise) to be referred to Micro and Small Enterprises Facilitation Council if the dispute is regarding any amount due under Section 17 of the MSMED Act, 2006. If a Micro or Small Enterprise, being a party to dispute, refers to the provisions in MSMED Act 2006, these provisions shall prevail over the Indian Arbitration and Conciliation Act, 1996 and its statutory modifications thereof.

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Eligible Goods & Services: a) Country of Origin: The term “origin” used in this clause means the place from where the Services (and incidental Goods, including subcontracted components) are arranged and delivered, or manufactured. b) Bidder’s country which shares a land border with India: Any bidder from a country, which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority (i.e. the registration committee constituted by the Department for Promotion of Industry and Internal Trader (DPIIT). However, the bidders from those countries (even if sharing a land border with India) to which the Government of India has extended lines of credit or in which the Government of India is engaged in development projects are not required to register with Competent Authority and will be eligible to bid in this tender. Bidder from a country, which shares a land border with India, for the purpose of this Order means:- i) An entity incorporated, established or registered in such a country; or ii) A subsidiary of an entity incorporated, established or registered in such a country; or iii) An entity substantially controlled through entities incorporated, established or registered in such a country; or iv) An entity whose beneficial owner is situated in such a country; or v) An Indian (or other) agent of such an entity; or vi) A natural person who is a citizen of such a country; or vii) A consortium or joint venture where any member of the consortium or joint venture falls under any of the above. Unless otherwise stipulated in the Contract, country of origin of ‘Services’ and related ‘Goods’ under the contract shall have their origin in India or other countries and must conform to the declaration, made by the Supplier in its bid regarding but not limited to any restrictions on certain countries with land-borders with India. The successful bidder shall not be allowed to sub-contract works to any contractor from a country, which shares a land border with India unless such contractor is registered with the Competent Authority.

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Minimum Local Content: Minimum Local content (Make in India Policy): The ‘local content’ requirement to categorize a supplier as ‘Class-I local supplier’ is minimum 50%. For ‘Class-II local supplier’, the ‘local content’ requirement is minimum 20%. Nodal Ministry/Department may prescribe only a higher percentage of minimum local content requirement to categorize a supplier as ‘Class-I local supplier/ ‘Class-II local supplier’. For the items, for which Nodal Ministry/ Department has not prescribed higher minimum local content notification, it shall be 50% and 20% for ‘Class-I local supplier’/ ‘Class-II local supplier’ respectively.

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Supplier’s status as MSEs: As per Government of India direction, The aspect as indicated below would be applicable for procurement which falls under divisible category (i.e., not applicable for indivisible category). If any Indian vendor satisfies the requirement of MSEs stipulation and also falls within the purchase preference margin as called for in MSME policy (in case of matching L1 price) will be considered for ordering 25% of tendered quantity. The balance quantity/works will be considered for distribution amongst all bidders (including MSEs) as per this subject purchase preference policy. In case no MSEs qualifies for purchase preference or do not match with L1 price then the total tendered quantity will be distributed amongst all bidders as per this subject purchase preference policy. That the bidder has to indicate MLC as part of offer & Self Certificate and Auditor might have also indicated MLC as per their certification. In case there is difference in those values, the lowest of them will be considered as the applicable MLC & the offer will be dealt accordingly. Other MLC information will be treated as invalid.

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Non-conformities between Figures and Words: In case of non-conformities/errors are observed in responsive tenders between the quoted prices in figures and in words. This situation normally does not arise in case of e-Procurement. This should be taken care of in the manner indicated below: i) If, in the price structure quoted for the required goods, there is discrepancy between the unit price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total price corrected accordingly; ii) If there is an error in a total corresponding to the addition or subtraction of sub-totals, the sub-totals shall prevail and the total shall be corrected; and iii) If there is a discrepancy between words and figures, the amount in words shall prevail. Such a discrepancy in an offer should be conveyed to the bidder asking him to respond by a target date and if the bidder does not agree to HAL's observation, then the bid is liable to be rejected.

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Relaxation of Prior Experience & Prior Turn-over Criteria for Micro & Small Enterprises (MSEs) & Start-ups: Wherever RFQ stipulates qualification/eligibility criteria to be met by bidders such as prior experience and/or prior turn-over, the criterion will be relaxed w.r.t. to all start-ups and MSEs subject to meeting of quality and technical specifications stipulated in the tender. Also vendor shall furnish documentary proof for being MSEs/Start-up as stipulated by the Ministry.

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Import Content: In case the item/product offered by Indian vendor has import content, then the value of import content shall be indicated in the quotation (in FE/ INR as the case may be).

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Force Majeure: On the occurrence of any unforeseen event, beyond the control of either Party, directly interfering with the delivery of Services arising during the currency of the contract, such as war, hostilities, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics,quarantine restrictions, strikes, lockouts, or acts of God, the affected Party shall, within a week from the commencement thereof, notify the same in writing to the other Party with reasonable evidence thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the contract as far as reasonably practicable and shall seek all reasonable alternative means for performance not prevented bythe Force Majeure event. If the force majeure condition(s) mentioned above be in force for 90 days or more at any time, either party shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days’ notice to the other party in writing. In case of such termination, no damages shall be claimed by either party against the other, save and except those which had occurred under any other clause of this contract before such termination. Notwithstanding the remedial provisions like Liquidated Damages or Termination, none of the Party shall seek any such remedies or damages for the delay and/or failure of the other Party in fulfilling its obligations under the contract if it is the result of an event of Force Majeure.

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Obsolescence: Supplier shall continue to support the equipment for a minimum period of 30 years from the date of supply by making available spare parts and assemblies of the equipment supplied. For any reason Supplier wishes/ decides to close/ discontinue the line for manufacture of the products or procurement of certain components, sub-components, Supplier undertakes to notify such a decision to HAL by means of a prior 3 years notice (before closure of the said production line) in writing so as to enable HAL to place buy order/a life time buy of all spares before closure of said production line. Supplier will transfer tools, drawings etc., to HAL after such notice period. Supplier shall indicate the source rom where HAL can procure these items. The said aspect would also form an integral part of the contract.

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Indemnity: The vendor shall at all times indemnify HAL against all claims which may be made in respect of stores / services for infringement of any right protected by patent, registration of design or trade mark and shall take risk of accidents or damage which cause a failure of supply / services. Vendor should also indemnify HAL against all types of claims from its engineers assigned on work packages.

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Subcontracting: Subcontracting / Transferring of obligation of Contract arising out of this Tender is not permitted without HAL's prior written consent to assign or transfer such obligations / benefits to third party.

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Settlement of Disputes and Arbitration: Any disputes / disagreement or question arising out of or relating to consequence of the order / contract which cannot be settled mutually shall be settled as per the provisions of the Indian Arbitration and conciliation Act 1996 which is in line with UNCITRAL. The venue of arbitration shall be BANGALORE, INDIA.All disputes or differences whatsoever arising between the parties out of or relating to the construction meaning and operating or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of arbitration of the ICA/ICADR and the award made in pursuance thereof shall be binding on the parties. The venue of arbitration shall be BANGALORE, INDIA.

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Applicable law & Jurisdiction: This contract shall be governed by and subject to and interpreted and construed in accordance with the Laws of Republic of India, as may be in force from time to time and the court of Bangalore, India only shall have jurisdiction to deal with and decide any legal matter whatsoever arising out of this contract.

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Risk Purchase: In the event the SUPPLIER fails to deliver the goods or any consignments thereof within 90 days following the conclusion of the period prescribed for such delivery, HAL reserves the right to procure from elsewhere at the risk and cost of the Supplier and any extra expenditure incurred due to this purchase is payable by the Supplier.

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Appropriation: Whenever under this Contract any sum of money is recoverable from any sum of payable by the Supplier, HAL shall be entitled to recover such sum by appropriating in part or whole by deducting any sum then due or which at any time thereafter may become due to Supplier in this or any other Contract entered by HAL as a whole or its divisions and branch offices etc. held by him alone or in partnership with others. If this sum is not sufficient to cover the full amount recoverable, the Supplier shall pay to HAL on demand the remaining balance due.

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Short Closure of the contract: HAL reserves the right to short close this contract with prior notice of one month to the vendor at any time during the tenure of the contract. The liability of HAL in this case will be limited to the extend equivalent to the proportion of the cost of development / testing etc., incurred by you till the point of termination of the contract.

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Termination of the contract: In case of breach of contract, aggrieved party shall advise in writing to other regarding specific terms of contract which has been breached and will provide reasonable opportunity to improve upon within a specific time period, failing which the aggrieved party have the right to terminate the contract with 1 months notice. Liabilities towards termination shall be discussed and mutually agreed upon.

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Insolvency: If bidders enter into liquidation, whether compulsory or voluntary (otherwise than for amalgamation or reconstruction) or become insolvent or suffer a receiver of the whole or part of your assets to be appointed They shall forthwith notify the same to HAL and HAL shall have the right without prejudiced to its other rights or remedies to terminate the un-executed part of this agreement. In such an event, HAL shall be entitled forthwith to the refund of all the advance payments, if any.

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Bribes and Gifts: Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Vendor or his parties, agent or servant or any one on his or their behalf to any officer, servant, representative or agent of HAL or any person on his or their behalf in relation to the obtaining or to the execution of this or any other contract with HAL shall in addition to any criminal liability which the Vendor may incur, subject to the Vendor to the cancellation of this and all other contracts with HAL and also to payment of any loss or damage resulting from any such cancellation thereof. Any question or dispute as to the commission of any offence under the present clause shall be settled by HAL in such manner and on such evidence or information as they may think fit and sufficient and their decision shall be final and conclusive.

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Immunity to Government of India It is understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that HAL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable Laws of India and General Principles Contract Law. The vendor shall agree, acknowledge and understand that HAL is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, vendor expressly waives releases and foregoes any and all actions or claims against the Government of India arising out of this contract, not to sue the Government of India as to any manner, claim, and cause of action or thing whatsoever arising out of or under this agreement.

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Agents/Agency Commission The Seller confirms and declares to the Buyer that the Seller is the original manufacturer or authorized distributor/stockist of original manufacturer or Govt. Sponsored/ Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMs) of the stores referred to in this offer/contract/Purchase order and has not engaged any individual or firm, whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to recommend to Buyer or any of its functionaries, whether officially or unofficially, to the award of the contract/purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract/ purchase order, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from participating in any RFQ/ Tender for new projects/program with Buyer for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract/ Purchase order either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the Buyer in terms of the Contract/ Purchase order along with interest at the rate of 2% per annum above LIBOR (London Inter-Bank Offer Rate) (for foreign vendors) and Base Rate of SBI (State Bank of India) plus 2% (for Indian vendors). The Buyer will also have the right to recover any such amount from any contracts/ Purchase order concluded earlier with Buyer. Please submit an undertaking on your company letterhead, stating that "No agents/agency commission or Middleman in any capacity what-so-ever at any stage in connection with tender & resultant contract thereof is involved"

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Make In India Considering the huge and continuous requirement, HAL suggests the successful bidder to explore the possibility of manufacturing of the offered items in India to promote Govt. of India’s Make in India Policy. At this stage, HAL proposes to buy the systems/ items directly from the bidder for the firm requirement indicated above. However, for anticipated/future requirement, HAL requests successful bidder to submit the roadmap/proposal for HAL’s review for manufacturing of the offered system/item in India by setting up manufacturing facility in India or through joint venture in India

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Fall Clause The price quoted shall be in no event exceed the lowest price at which you sell the supplies or offer to sell supplies of identical description for similar quantity/terms to any person(s)/ organization including the purchases by any department of the Govt. of India, the State Govt. or any statutory undertaking of the Govt. of India/ State Govt., as the case may be during the period till the completion of the performance of the order placed and during currency of the order. If at any time during the said period, the contractor reduces the sales price, sells or offers to sell such supplies to any person/ organization including the purchaser or any department of Central Govt. or any Dept. of State Govt., or any statutory undertaking of the Central or State Govt., as the case may be at a price lower than the price chargeable under the contract, Seller shall forthwith notify such reduction/ sale or offer to sale to the HAL and the price payable under the contract for the supplies supplied after the date of coming into force of such reduction or sale or offer to sale shall stand correspondingly reduced.

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HAL brings to your kind notice that HAL has not appointed any agent in India or outside India for procurement of any items and deals directly with vendor. In case any individual or firm approaches you posing themselves as authorized agent of HAL,it is requested that you should not entertain such claims and in addition inform immediately to HAL.

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Debarred/ banned or blacklisted : Bidders to confirm whether, they have been debarred/ banned/ blacklisted or not by any Division/ Office of HAL/ PSE/PSU/CPSE/Ministry of Defence or any institutions/offices of State & central GOI. Also upload self certification for not banned status in mandatory documents in eproc portal. If at later stages its been found that your company is banned or blacklisted or if you have provided any false certification, suitable action will be initiated as deemed fit by HAL.

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EXIT CLAUSE: Exit criteria: The contract/order may be terminated under the following circumstances: In the event of unsatisfactory performance by the Seller during the contract period, or any of the information provided by the Seller is found to be untrue, or Seller is found to have attempted to influence any person involved with the contract through unethical means, the contract shall be terminated with 03 month’s advance notice without any financial implication to Buyer. Notwithstanding the foregoing, in cases where it is found that a Seller is engaged in unethical practices, they shall be barred from participating in the future contracts for a period of 02 years. If there is change in Buyer requirement, contract shall be terminated with 01 months advance notice. The liability of Buyer in this case will be agreed mutually. In the event of termination of contract by either party the Seller shall ensure the following: a) IPR’s are transferred to Buyer to enable Buyer to proceed on the work with other Seller. Seller also will render all assistance till the other Seller fully take over the balance work. b) Transfer title and deliver all or any part thereof of the supplies, materials, work-in-progress, finished Products, Tooling, drawings and data produced or acquired by Seller specifically for the Product being terminated. c) Supply of products and its components / spares at least for a period of 05 years from the date of such termination. d) The Seller is declared bankrupt or becomes insolvent. e) The delivery of material is delayed due to causes of Force Majeure by more than (03 months). f) Based on the decision of the Arbitration Tribunal.

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QUALITY ASSURANCE REQUIREMENTS

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Quality System: The vendor shall establish, document, implement and maintain a Quality Management System in accordance with requirements of HAL and/or AS9100, ISO9001 or equivalent.

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Requirements Flow down: Suppliers are responsible for compliance to all quality clauses. The supplier shall have a process for identifying and reviewing all HAL requirements, including the purchase order, all specifications and drawings, associated documents. Additionally, this includes approved sources for raw materials, processes, and requirements for delivery. The supplier shall be responsible for ensuring that appropriate requirements flow down to sub-tier suppliers.

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Quality / Inspection System: The supplier shall maintain a quality / inspection system which is in conformance to AS9100 or ISO 9001 to include: Receiving Inspection, First Article Inspection, Manufacturing process inspection, required testing, final inspection, packing and dispatch.

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Traceability: The supplier shall maintain a documented traceability system for the supplied items to track the details at all stages up to raw material stage.

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Control of Non-conforming Products: Vendor shall ensure that product/services which does not conform to the requirements is identified, segregated and controlled to prevent its unintended use or delivery.

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Corrective Action: The supplier shall perform, upon request from HAL, a corrective action investigation when discrepant material is received by HAL. A report will be submitted, within a period of five business days, which is specific and conclusive to prevent a recurrence of the discrepancy.

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Counterfeit Parts Prevention: Supplier shall maintain a counterfeit parts / material prevention and control plan to ensure that counterfeit parts and materials are not delivered to HAL. Supplier shall give written communication to HAL-ACD if supplier becomes aware or suspects that it has supplied counterfeit parts within 24 hours. Any counterfeit or suspect counterfeit parts/ material delivered to HAL will be controlled by HAL to prevent re-entry into the supply chain. The counterfeit or suspect counterfeit parts / materials must be replaced with non-counterfeit parts. Supplier shall include this clause or equivalent provisions in lower tier supply chain for the parts / materials supplied to HAL.

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Documents along with delivery : Certificate of Conformance (CoC) from OEM (original equipment manufacturer) with respect to the ordered material should be supplied along with the material. The CoC must contain certification, HAL Purchase order number, specification, revision, and serial numbers; as applicable alongwith signature and title of authorised representative. Any other documents wherever asked in purchase order shall be supplied along with the supply.

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Source Inspection: Acceptance of supplied parts / material is subject to inspection at HAL. Supply not conforming to the ordered specification will be rejected and information will be communicated.

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Shipping, handling and storage: The supplier shall provide packing that maintains the quality of the product and prevents damage, deterioration or loss while in transit or while in long term storage.

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Records retention: The supplier shall maintain records for a period of minimum of 15 years that provide objective evidence of compliance to the purchase order requirements and / or specifications. The records must be legible and must be retrievable within 48 hours of a request.

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Material Test Reports: The supplier shall provide chemical and physical analysis of raw material demonstrating compliance to the applicable material specification.

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Our organization reserves the right of access by our representatives, our customers and any regulatory authorities to the applicable areas of the facilities, at any level of the supply chain, involved in the order and to all applicable records.

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Our Organization reserves the right to require and request evidence for ensuring that vendor's personnel are aware of - Their contribution to product or service conformity; - Their contribution to product safety; - The importance of ethical behaviour.

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