Aerospace Composites Division

HINDUSTAN AERONAUTICS LIMITED

Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
I General Info
1 Name of the Individual / Firm /
Company: * Mandatory

2 Contact no :

3 GST No. & PAN * Mandatory (Vendor need to attached the GST & PAN certificate along with Bid)

4 Email ID:

5 GeM Registred address & Name of the Individual / Firm / Company ( on which Order to be placed)

6 HSN / SAC Code: Vendor to confirm that the applicable HSN / SAC code for the supplied item / Services.

7 GeM Registred address & Name of the Individual / Firm / Company:

8 GEM Seller ID

9 Incase of MSME, please upload MSME certificate on GeM.

SL No Technical (Scope of work) Specification Essential/ Vendor's compliance/Remarks

Desirable (NO PRICES ARE INDICATED IN THIS SHEET )
I SCOPE OF WORK: Essential
Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software
(LIMS) as per the technical specification Sl. No. II and training as per the technical specification Sl. No. III at
Aerospace Composites Division, HAL, Bengaluru.
Development = To + 6 months
Installation + Hardware Set-up = To + 9 months
Implementation = To + 11 months
Prove-out and Training = To + 12 months
Individual phase timeline lag or lead is acceptable as long as the entire PO is executed within 12 months from start of
execution of the PO (To).

The software development team should have an understanding of ISO/IEC 17025:2017 and NABL accreditation Essential
process. NABL policy documents available in NABL webiste as open public resources may be referred to.

II TECHNICAL SPECIFICATION Essential Vendor's compliance/Remarks

A Operation Management Module of LIMS Essential

A.1 Admin Module Essential
The admin module should have the following master files: Test Zone Master, Test Section / Test Discipline Master,
Test Group Master, Remark Master, NABL Accreditation Certificate No., Terms & Conditions Master. Additional
master files may have to created during implementation and the software should have the provision to create
additional master files.

A.2 Identity & Access Management Module Essential

The identity & access management module should have the following master files: Laboratory Technician / Supervisor
Master, Access Master. Additional master files may have to created during implementation and the software should
have the provision to create additional master files.

A.3 Product Master Module Essential

The product master module should have the following master files: Product Category Master, Product Sub Category
Master, Product Master, Project Master, Equipment Master, Calibration Due Date Master, Method Master, Parameter
Category Master, Test Parameter Master, Test Standard Master, Acceptance Requirement. Additional master files
may have to created during implementation and the software should have the provision to create additional master
files.

A.4 Customer & Request Management Module Essential

The customer & request management module should have the following master files: Customer Master and Contacts
Master. Additional master files may have to created during implementation and the software should have the provision
to create additional master files. It should give laboratory to review the request and provide feedback, accept or reject
the request. There should be an option to integrate this module with the intranet based mail server of Novell
Groupwise. The lab should also be able to view customer feedback and customer complaints.

A.5 Order Management Module Essential

A.5.1 Sample Receiving: Sample Inward Entry, Generate Job ID and Label Printing with Job ID Essential

A.5.2 Job Allocation: Instrument Allocation and Technician Allocation, Printing of Analytical sheet with Job ID, Define Job Essential
Priority, Job Reallocation
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
A..5.3 Testing & Result Update Provision: Enter test results and submit for review using digital signature. Option to upload Essential
worksheet in pdf format and then putting digital signature on it. There should be provision of uploading machine output
files in pdf format and then putting digital signature. Both LIMS generated report and machine output pdf should have
the same report number traceability.

A.5.4 Report Reviewing Stages: Review and approve test report using digital signature or review and send back to previous Essential
stage for correction, generate ULR number for NABL accredited test, email report in groupwise. The ULR number and
NABL logo should appear on only those tests under NABL scope and this can be controlled using the master in admin
module.

A.5.5 Report Ammendment Provision: With provision of ammendment no. Essential

A.5.6 Disptaching: Print out of approved test report Essential

A.5.7 Digital Signature: The software should be capable of incorporating Class-2 Digital Signature Certificate issued by a Essential
licensed Certifying Authority. API integration would be in the scope of the vendor and procurement of API (if
proprietary in nature) would be in the scope of the vendor.

A.6 Customer Portal: Test Request Form, Test Report download provision, Complete tracking of sample running in lab, Essential
Customer Feedback Form, Customer Complaint Form, Provision to upload document relevant to order

A.7 MIS Reports: Testing TAT, No. of Tests using different filters, Feedback summary, Complaint summary Essential

A.8 NABL Compliance Points: Supporting ISO 17025, NABL 133 - Complete provision of Discipline, Group,NABL ULR No. Essential
& Logo, Auto generation of NABL ULR No., QR Code on test reports, Digital signature on Test reports, Complete
control on Roles & Permission, Complete log from Sample Receiving to Dispatching

A.9 Standard Forms & Process Flow Diagram: All standard forms and laboratory process diagram would be provided by Essential
ACD-HAL within 30 days of release of PO to the vendor. Vendor's PO execution time (To) will start from the date of
receipt of standard forms & process flow diagram or 30 days from the date of release of PO, whichever is earliest.

A.10 Training Material: User Manual in soft copy Essential

A.11 Users & Licensing: Essential

The license for the software would be perpetual in nature and should allow 20 concurrent users.
There should be an option to create or register new users in the software itself (test operators, report release
signatories, customers). The HAL company ID would be the user's unique identifier. There would be no external
customers using the sofware and all users would be employees of HAL.

B Technology Essential
B.1 Front-end: Angular 11 or equivalent (other latest technology with comparative justification) Essential

B.2 Back-end / System Design: JAVA (other latest technology with comparative justification) Essential
B.3 Data Base: MSSQL / Mongo DB or equivalent (other latest technology with comparative justification) Essential

C Security Essential
C.1 On-premise implementation in HAL intranet servers. HAL intranet is cut off from the internet and there would be no Essential
access to internet.

C.2 HAL would provide 1 server of 8 core processor with 32 GB RAM with 1TB SSD storage. Additional storage may be Essential
provided for data back-up.

D Other Facilities provided by HAL: PCs and LAN would be provided by HAL. Any other item needed to be quoted and Essential
supplied by the vendor. Basic support of HAL IT department would be provided.

E Acceptance Criteria: Verification & prove out of all features of the working software as per the technical specifications Essential
defined in Sl. No. II of this compliance sheet and comprehensive training as per Sl. No. III of this compliance sheet.

F Warranty: Two-years warranty from the date of end user acceptance during which all support services would be free of Essential
cost. The warranty should include onsite software updates , error and bug fixing , reinstallation & configuration of
software (if required ).

G AMC: The vendor should quote for 10 years of AMC with yearwise cost break-up. The AMC cost would be part of bid Essential
evaluation criteria and HAL would have the discretion of placing AMC order at the quoted prices anytime within the 10
years from the date of end of warranty. The AMC cost would be mentioned in the PO.

TRAINING: Essential

Operational training on all modules of the LIMS to 10 technicians / supervisors of the lab. Essential
H
Maintenance training on the software and IT infrastructure for 5 personnel of te HAL IT department. Essential

I 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)
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
J 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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
III Terms and Conditions: Vendor's compliance/Remarks
1 The vendor has to give quote for : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management
Software (LIMS) at ACD as per Scope of work.

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.

IV Commercial terms & Conditions (IMPORTANT TERMS AND CONDITIONS FOR SUBMISSION OF BIDS THROUGH GEM) Vendor has to mentioned agreed or not agreed for each points

1 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.

2 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.

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

4 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)

5 Additional Terms & conditions Public Procurement (Preference to Make in India),

Appendix-A (Type II) (pdf attached)

6 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)

7 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.

8 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.

9 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.

10 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.

11 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.

12 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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
13 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.

14 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.

15 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.

16 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.

17 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.

18 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.

19 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

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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
20 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.

21 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.

22 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.

23 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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
24 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.

25 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.

26 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).

27 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.

28 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.

29 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.

30 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.

31 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.

32 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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
33 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.

34 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.

35 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.

36 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.

37 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.

38 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.

39 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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
40 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"

41 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

42 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.

43 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.

44 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.

45 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.

V QUALITY ASSURANCE REQUIREMENTS

1 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.
 Aerospace Composites Division
HINDUSTAN AERONAUTICS LIMITED
Marathahalli Post
Bangalore - 560 037. INDIA

Terms and Conditions for GeM (Government E-market place) Tender

Vendor need to upload this compliance sheet of Terms and Conditions & other related tender documents in GeM portal for evaluation of Tender

Name of Work : Development, Installation, Implementation and Prove out of a Digital Laboratory Information Management Software (LIMS) at ACD.
Type of Bid GeM
Name of the Vendor/ Firm:
Quotation Ref. No.:
2 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.

3 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.

4 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.

5 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.

6 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.

7 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.

8 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.

9 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.

10 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.

11 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.

12 Material Test Reports:

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

13 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.

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.