Transcript

HINDUSTAN AERONAUTICS LIMITEDAIRCRAFT OVERHAUL DIVISION, NASIK

CONTRACT NUMBERHAL/NK/HR (AOD)/TCL/04/2016-17

AWARD OF CONTACT TITLED‘UPKEEP OF HAL FACTORY, TOWNSHIP & HOSPITAL AREAS’

PERIOD OF CONTRACT: ONE YEAR

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INDEXSR. NO. DESCRIPTION PAGES

FROM TO

1. FORWARDING LETTER 02 04

2. GENERAL & SPECIAL CONDITIONS OFCONTRACT

05 16

3. STATEMENT OF DECLARATION 17 --

4. BANK DETAILS FOR NEFT / RTGS 18 --

5. FORMAT OF BANK GUARANTEE BONDFOR SECURITY DEPOSIT

19 --

6. TECHNICAL BID (ANNEXURE – A) 20 22

7. PRICE BID (ANNEXURE – B) 23 24

8. FMD CIRCULAR NO. FMD/GM/060/14DATED 10-10-2014 (ANNEXURE – C)

25 28

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HINDUSTAN AERONAUTICS LIMITEDAIRCRAFT OVERHAUL DIVISION, NASIK

(A GOVERNMENT OF INDIA UNDERTAKING)P.O. - OJHAR TOWNSHIP, DT: NASIK

MAHARASHTRA – 422 207AN ISO 9001:2000 & ISO 14001 COMPANY

PHONE: 02550-275840 TO 43(Operating Assistance)

02550-275846 to 49 (direct dialing - 4 digit extension)

Fax-(02550)274621Website:www.hal-india.com

Email: [email protected]

Ref No.: HAL/NK/HR (AOD)/TCL/04/2016-17 Date: 06-10-2016

AWARD OF CONTRACT FOR‘UPKEEP OF HAL FACTORY, TOWNSHIP &HOSPITAL AREAS’

Dear Sir,With reference to your letter dated ________________, a set of blank tender document

(Technical Bid and Price Bid) for the subject work is enclosed.

2. The first sealed envelope should contain the TECHNICAL BID as per Annexure - A whereinthe set of self-attested copies of the following Certificates / Documents required to be enclosed:-

[a] Solvency Certificate of Rs 1,07,23,563/- [Rupees One Crore, Seven Lakhs, TwentyThree Thousand, Five Hundred Sixty Three only]issued by any Nationalized orScheduled Bank within a period of twelve months from the final date of submission oftender document, failing which the tender is liable to be rejected.

[b] Registration with PF Commissioner for PF contribution.

[c] Registration under the Employees State Insurance Act, 1948.

[d] Copy of Labour License under Contract Labour (R&A) Act, 1970 issued by the Central /State Labour Authority.

[e] Registration with Professional Tax Authority.

[f] Copy of Permanent Account No. (PAN) issued by the Income Tax Department.

[g] Copy of Certificate of TIN Number, if applicable.

[h] Proof of having registered with the Central Excise Department for the coverage ofService Tax.

[i] Copies of Profit and Loss Account and Balance Sheet, duly certified by the CharteredAccountant for last FIVE years ending 31st March 2015.

[j] Copies of Income Tax Return of last THREE years ending 31st March 2015.

[k] Copies of Annual Turnover statements for last FIVE years ending March 2015. Theaverage annual turnover during last three years, ending 31st March of previous year,should be at least 30% of the approximate estimated amount put to tender.

[l] Copies of Work Orders/Award Letters for Works executed during last SEVEN yearsalongwith Completion / Execution Certificate.

[m] Copies of Work Orders/Award Letters for current Works of similar nature in hand.

[n] Police Verification Certificate from Police Authorities.

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[o] Registration under Shops & Establishment Act.

[p] Overdraft facilities available with Firm.

[q] Bank balance statements for the last THREE months.

[r] A Banker’s Cheque / Pay Order/ Demand Draft towards the Earnest Money Deposit forRs 2,68,089/-[Rupees Two Lakhs, Sixty Eight Thousand, Eighty Nine only] whichshould be in favour of “Hindustan Aeronautics Ltd., Aircraft Division, Nasik” drawn oneither State Bank of India or Punjab National Bank, Ojhar Township Branch. StipulatedEarnest Money Deposit shall be deposited with the tender document, failing which thetender is liable to be rejected. However, the Firms who are registered with theNational Small Industries Corporation Limited (NSIC) are exempted from paying theEMD. These Firms shall have to attach necessary self-attested document for havingregistered with NSIC, for availing this concession.

[s] In case, the tender document is downloaded from HAL website, the tender documentfee of Rs 5,750/- [Rupees Five Thousand, Seven Hundred Fifty only] shall be remittedalongwith the tender document in the form of Banker’s Cheque / Pay Order/ DemandDraft which should be in favour of “Hindustan Aeronautics Ltd., Aircraft Division,Nasik” drawn on either State Bank of India or Punjab National Bank, Ojhar TownshipBranch. However, the Firms who are registered with the National Small IndustriesCorporation Limited (NSIC) are exempted from paying the Tender document fee.These Firms shall have to attach necessary self-attested document for havingregistered with NSIC, for availing this concession.

[t] The Technical Bid should not contain any reference of price.

3. The second sealed envelope should contain only the PRICE BID as per Annexure – B.

4. The envelope shall be clearly marked as “TECHNICAL BID FOR TENDER NUMBER“HAL/NK/HR(AOD)/TCL/04/2016-17” and “PRICE BID FOR TENDER NUMBERHAL/NK/HR(AOD)/TCL/04/2016-17” respectively. Both the above sealed envelopes shall be put into a singleenvelop and marked as “TENDER NUMBERHAL/NK/HR (AOD)/TCL/04/2016-17FOR ‘‘UPKEEP OFHAL FACTORY, TOWNSHIP& HOSPITAL AREAS’

5. Submission of tender document :- Your tender document, completed in all respects, is tobe submitted in the Central Registry at Administrative Block of HAL (Nasik Division) up to1300 hourson 27-10-2016. HAL shall not be responsible for delay or non-receipt of tenders during transit, if sentby post.

6. Opening of Tenders: - The tenders should be deposited in the Central Registry atAdministrative Block. The tender documents will be received up to 1300 hrs on the last date ofreceipt i.e. on 27-10-2016 and shall be opened on the same day i.e. on 27-10-2016 after 1300 hrs,in the Tender Opening Hall [at Administrative Block], in presence of Contractors who wish to bepresent. The representative attending the opening of tenders should produce an Authorization Letterfrom his Firm7. Opening of Price Bid: - The PRICE BID will be opened only in respect of those Parties whoget technically qualified and assessed to be competent to undertake the job based on the information/documents submitted by them. The date and time of opening of PRICE BID will be intimated to onlysuccessful Contractors i.e. who gets technically qualified, on the address given by them in theFormat.

8. Validity of tender: - The Tender will remain open for 120 days from the date of opening.

-4-9. Quotation of Rates: - The Contractor should quote the rates in figures as well as in words.No corrections or overwriting is allowed. In the event of any ambiguity in rates given in figures andwords, the rates given in the words would be considered as final. All the Columns of the quotationsare to be filled. If not, the quotations will be liable for rejection.

10. Late Tenders: - The following procedure will be adopted in the case of late tenders:-

[a] Any tender received after prescribed deadline shall not be considered.

[b] Late tenders shall not be opened. The same shall be returned to the respectiveContractor with the covering letter.

11. Qualifying Criteria:- A copy of Circular No. FMD/GM/060/14 dated 10-10-2014 is placed atAnnexure-C for reference.

12. The Contractors shall strictly comply the following conditions: -

[a] The Tender should be signed, dated and witnessed at all places provided for in thedocuments. A certified True Copy [CTC] of the Power of Attorney of the Signatoryshould accompany the Tender.

[b] This Letter will also form a part of the documents and must be returned with theTECHNICAL BID, duly singed, alongwith the documents as a token of you havingaccepted the conditions mentioned above.

[c] Detailed information as per the Annexure ‘A’ regarding particulars / profile of theCompany, Financial details, Work History etc. must be furnished.

13. Contractors are requested to be in touch with HAL website [www.hal-india.com]till date of opening of the tender, in order to be informed about anyCorrigendum/Modification etc. in the tender, if any.

Yours faithfully,For Hindustan Aeronautics Limited

Aircraft Overhaul Division, Nasik

(D.S. Saindanvise)Dy General Manager (PR)

Encl: Blank Tender document

-5-GENERAL CONDITIONS OF CONTRACT

1. Issuance / downloading of Tender document: - The Contractor who possess therequisite experience and financial capability can either purchase the tender document fromHAL (Nasik Division) [Office of the DGM (PR), AOD], or download tender document fromHAL website www.hal-india.com.

[a] The Contractors who wish to purchase the tender document from HAL (NasikDivision) are required to submit a Banker’s Cheque / Pay Order / Demand Draft drawnin favour of “Hindustan Aeronautics Limited, Aircraft Division, Nasik” payable either atState Bank of India, Ojhar Township Branch (Branch Code No. 1196) or PunjabNational Bank, Ojhar Branch (Branch Code No. 2803) for a sum of Rs 5,750/-(Rupees Five Thousand, Seven Hundred Fifty only), towards the cost of tenderdocument.

[b] The Contractors who have downloaded the tender documents from HAL website, arerequired to submit along with sealed tender documents, a Banker’s Cheque / PayOrder / Demand Draft drawn in favour of “Hindustan Aeronautics Limited, AircraftDivision, Nasik” payable either at State Bank of India, Ojhar Township Branch (BranchCode No. 1196) or Punjab National Bank, Ojhar Branch (Branch Code No. 2803) for asum of Rs 5,750/- (Rupees Five Thousand, Seven Hundred Fifty only), towards thecost of tender document.

[c] Tender documents, if downloaded from HAL website, shall be submitted in to-to, andno change, whatsoever, shall be made thereafter. If any alteration is made in thetender document submitted by the Contractor and if found (be it at any stage of thetender processing and even after award of contract), it will be viewed seriously by theCompany and the tender is liable to be rejected and the Contractor will be debarredfrom participating in future tenders of the Company.

[d] Sealed tenders received for submission without cost of tender document will not beconsidered at all.

[e] The Firms who are registered with the National Small Industries Corporation Limited(NSIC) are exempted from paying the Tender Document Fee. These Firms have toattach necessary self-attested document for having registered with NSIC clearlyindicating the validity period of NSIC Certificate for availing this concession.

[f] In case the Contractor intends to submit the Tender document through NSIC, it shallbe the responsibility of NSIC and Contractor to ensure that all the relevant documentsof Contractor’s Firm/Company are submitted alongwith tender document. Further, ifthe Contractor gets qualified, the Contract will be awarded only to the Contractor’sFirm/Company and not to NSIC. In this connection, Para numbers 20 and 64 of thistender document regarding ‘Non-transferable’ and ‘Subletting’ may please be referred.

2. Submission of Tender document: -[a] The Contractor shall submit the sealed tender document in a TWO BID system. The

tender documents need to be deposited in the Central Registry at AdministrativeBlock, of HAL, Aircraft Division, Ojhar, up to 1300 hours on 27-10-2016.

[b] Contractors are requested to be in touch with HAL website [www.hal-india.com] tilldate of opening of the tender, in order to be informed about any Corrigendum/Modification etc. in the tender, if any.

3. The Tender should be unconditional and a statement accepting the HAL conditions should besubmitted along with the Tender. The conditional tenders are liable to be rejected.4. The tender documents issued to the Contractor are of classified nature. The same should beheld in strict confidence and in a safe custody. The information contained in the documents shall notbe divulged to any other Party/Person. The Contractor is solely responsible for prevent any possiblepilferage and misuse of the tender documents.5. The Contractor will take adequate steps to ensure proper upkeep and safety of documentsand equipment / furniture while in his custody. In case of damage is caused to HAL property due toany loss or damage, the repair / replacement cost shall be recovered by HAL from the Contractor.

Signature of Contractor Signature of Accepting Officer

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6. The working hours for the Contractor’s labourers will be as per the HAL’s working hours i.e.0700 hours to 1500 hours (1st shift), 1500 hours to 2300 hours (2nd shift), 2300 hours to 0700 hours(3rd shift), or any other timings as specified by HAL, except on Sundays / Holidays. Lunch timings for1st shift labourers will be from 1130 hrs to 1200 hrs and dinner timings for 2nd shift will be from 1930hrs to 2000 hrs.

7. HAL, for reasons of exigencies of work, may insist to enhance/reduce labourers or extend theworking hours including Sundays / Holidays or both, with prior intimation.

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8. The Contractor should complete the work within stipulated schedule after awarding theContract.9. The panel for executing the job should consist of required labourers in various categories asper the job requirements and one person will be nominated by the Contractor as the Coordinator forliaisoning work.10. HAL shall reserve the right to accept or reject any labour from the panel submitted by theContractor.11. The Contractor’s labourers should be subject to the supervision of the Contractor’s supervisorsdeployed in their regard for performance of the Contractor’s obligations as per the contract. HALemployees (Executives & Workmen) should in no way be made responsible for supervision of suchlabourers deployed by the Contractor under the Contract.12. It shall be the responsibility of the Contractor to abide by the provisions of all the relevantLegislations applicable to such Contracts from the Contractor’s as well as the Division’s / Factory’spoint of view from time to time. The Contractor shall, inter-alia, comply with the following statutoryrequirement in this regard:-

[a] The Contractor shall ensure payment of remuneration to his employees in amanner that it meets the requirement of minimum Wages as prescribed by theStatues from time to time.

[b] The Contractor shall also ensure payment of consequential benefits to its labourers asapplicable from time to time.

[c] The Contractor should have his own PF Code. In case the Contractor is not having thePF Code at the time of submission of Tender document, he should obtain the samesubsequently, in case, if the Contract is awarded to him. Provident Fund benefits willbe applicable to the labourers, engaged through the Contractor under the EmployeesProvident Fund & Miscellaneous Act 1952.

[d] The Contractor should have Registration Number under the Employees StateInsurance Act, 1948. In case the Contractor is not having Registration Number at thetime of submission of Tender document, he should obtain the same subsequently,in case, if the Contract is awarded to him. The benefits under the Employees StateInsurance Act, 1948 will be applicable to the labourers, engaged through Contractorunder the Employees State Insurance Act, 1948. The Contractor shall comply with theprovisions of the Employees State Insurance Act, 1948 to the labourers engaged byhim.

[e] Pending registration under the Employees State Insurance Act, 1948, the Contractorshall comply with the provisions of Employees Compensation Act, 1923 subsequent toaward of Contract so as to cover his labourers engaged under the EmployeesCompensation Act, 1923.

13. HAL shall stipulate both minimum as well as maximum number of labourers who can beaccommodated in a shift.14. The Contractor is required to render satisfactory services throughout the Contract period.15. The designated Authority shall certify the acceptance of work.16. The Contractor shall be solely responsible for safety of labourers / staff engaged by him.

Signature of Contractor Signature of Accepting Officer

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17. The Contractor shall arrange for the necessary medical treatment in case of accident to thelabourers engaged by him. HAL shall consider treatment, if requested by Contractor and theexpenditure incurred on account of consultancy, medicines, hospitalization, etc. will be recoveredfrom the Contractor.18. The Contractor’s labourers can avail canteen facilities on payment basis during lunch and teahours only.19. The Contractor should make own transport arrangement for his labourers, if required,on payment basis.

20. The Contractor should note that this Contract is non-transferable.

21. The Contractor shall provide police verification of labourers engaged by him for securityclearance and issue of entry passes.

22. HAL reserves the right to accept/reject the tender as a whole or as a part.

23. The Contractor shall execute the work as per the direction of HAL staff and to the entiresatisfaction of the respective Accepting Officers and Dy General Manager (PR), AOD.

24. The Contractor shall make arrangement for the security passes for entry in to the factory forthe labourers employed by him. HAL reserves the right to restrict the entry of any person withoutassigning any reasons.

25. The Contractor shall engage the required number of labourers for proper performance ofservice within the stipulated time (i.e. 25 days/26 days/27 days in a month for 8 hours working,including lunch hours). The labourers engaged are to be qualified with good technical knowledge andskill wherever required for skilled job for satisfactory performance of the assigned job.

26. In case of an accident, which is fatal or likely to prove fatal or causes major injury, theContractor shall immediately inform the following Authorities from the time of occurrence of suchaccident: -

[a] Joint Director, Industrial Safety & Health, (Inspector of Factories), Nashik[b] District Magistrate, Nashik[c] Police Inspector, Ojhar Township Police Station.[d] Deputy General Manager (PR), HAL Aircraft Overhaul Division, Nasik.[e] Accepting Officers [as mentioned in Para 32 below].[f] Safety Officer, HAL Aircraft Division, Nasik.[g] Industrial Relations Department, HAL Aircraft Division, Nasik

27. In case of failure of the Contractor to complete the work within the specified time and to theentire satisfaction of HAL, HAL is entitled to get the work completed through any other Agency. Thecost incurred will be recovered from the dues payable to the Contractor or by any other means.

28. The incomplete Tenders will not be entertained at all.

29. Any advance payment if requested by Contractor’s labourers, shall be made by the Contractoronly.

30. The Contractor or his Supervisor will be provided Company accommodation if requested, onpayment basis depending on availability & rates applicable from time to time.

31. HAL also reserves the right to fix one or more Contractors to provide experienced labourersat lowest rates.

Signature of Contractor Signature of Accepting Officer

-8-32. Dy General Manager (Works & Services) or any other Officer nominated by him and CoMS orany other Officer nominated by him shall be the Accepting Officers in respect of their Areas ofoperation for the purpose of this Contract.

33. The Tender Notice and Tender Document shall form part of this Contract.

34. The Contractor shall enter into an Agreement with Hindustan Aeronautics Limited, AircraftDivision, Nasik on a Non-Judicial Stamp Paper to the value of Rs 100/- within one month on award ofcontract after obtaining the text of the Agreement from the DGM (PR), AOD.

SPECIAL CONDITIONS OF CONTRACT35. Qualifying Criteria (Amendment to HAL Works Manual 2011):- A copy of Circular No.FMD/GM/060/14 dated 10-10-2014 stating that the Housekeeping & Manpower Deployment/ServiceContract shall be executed by adopting two bid systems by providing 70% weightage for TechnicalEvaluation and 30% weightage for Financial Evaluation to determine the most suitable Bidder forfinalization of the Contract, is placed at ‘Annexure-C’ for reference.36. Scope of Work: -

[a] Upkeep of HAL Factory & Township Areas:-[i] Maintaining presentable hygienic condition inside HAL Factory and Township area as

per direction of Engineer In Charge from time to time.[ii] Maintenance of Horticulture activities like maintenance of hedges flower bed lawns

including weeding etc. as directed by the Engineer In charge from time to time.[b] Upkeep of HAL Hospital: - Maintaining presentable hygienic conditions inside HAL

Hospital area as per direction of the Engineer In Charge from time to time.

37. Proposed Value of the Contract: - The proposed value of the said Contract shall beRs2,68,08,907/- [Rupees Two Crores, Sixty Eight Lakhs, Eight Thousand, Nine Hundred Seven only].However, this value may increase/decrease, depending upon the engagement of Skilled/Unskilledexperienced labourers required by HAL Aircraft Overhaul Division, Nasik and to be provided by theContractor.38. Work Experience: - The Firm / Contractor should have an experience of having successfullycompleted similar works i.e. supplying the experienced labourers (Skilled, Semi-skilled and Unskilledcategory) / manpower at large volume during last SEVEN years ending last day of month previous tothe one in which applications are invited, and should be either of the following. (Copy of theCompletion Certificate to be enclosed): -

[a] Three similar completed Works each costing not less than the amount equal to 40 %of the estimated Contract value of the tender [i.e. Rs 1,07,23,563/-]

Or[b] Two similar completed Works each costing not less than the amount equal to 50 % of

the estimated Contract value of the tender [i.e. Rs 1,34,04,454/-]Or

[c] One similar completed Work costing not less than the amount equal to 80 % of theestimated Contract value of the tender [i.e. Rs 2,14,47,126/-]

Notes: -

[i] The work shall be completed as a whole. Partial value/ completion shall not beconsidered.

[ii] In case of Experience Certificate obtained from reputed Organizations, the same shallbe supported with TDS certificate by the Contractor, in order to avoid fraudulentcases.

Signature of Contractor Signature of Accepting Officer

-9-39. Bid Capacity: -

[a] The Bid Capacity shall be worked out as one of the eligibility Criteria as per Clause No.7.4.3.1. (g) of the Works Manual, 2011.

[b] The assessed available bid capacity = A X N X 2 – B, where –[i] N = Number of years prescribed for completion of subject Contract

[Indicate Contract period as ‘N’ years].[ii] A = Maximum value of works executed in any one year during last five

years at current price level, to work out value of work executed duringprevious years at current price level a weightage of 10% per yearshould be applied.

[iii] B = Value of current price level of existing commitment and ongoing worksto be completed in the next ‘N’ years.

40. Financial Position: -The Firm should submit their annual turnover statements for the lastFIVE years ending 31st March 2015.The average annual turnover during last three years, ending31st March of previous year, should be at least 30% of the approximate estimated amount put totender.41. Bank Solvency: - Bank Solvency Certificate obtained from any Nationalized Bank/ ScheduledBank of Rs 1,07,23,563/- [Rupees One Crore, Seven Lakhs, Twenty Three Thousand, Five HundredSixty Three only] (Not issued earlier than 12 months from final date of submission of tenderdocument to the date of opening of tender i.e. not issued before 06-10-2015).

42. Earnest Money Deposit (EMD): -[a] The Earnest money to be deposited alongwith the tender, which would be equivalent

to 1% of the estimated contract value. The Contractor shall submit an amount ofRs 2,68,089/- [Rupees Two Lakhs, Sixty Eight Thousand, Eighty Nine only] alongwiththe Tender document towards Earnest Money Deposit (EMD) by way of crosseddemand draft from any Nationalized Bank / Scheduled Bank drawn in favour of‘Hindustan Aeronautics Limited, Aircraft Division, Nasik’ payable either at State Bank ofIndia, Ojhar Township (Branch Code No. 1196) or Punjab National Bank, Ojhar Branch(Code No. 2803). In case the Earnest money is not deposited or found not in order,the tender will be summarily rejected. The Contractor is not entitled to any interest onthe EMD.

[b] EMD shall be forfeited if the Contractor, after submitting the tender, withdraws /backs out from his offer, or modifies the Terms & Conditions thereof, or fails to enterinto an Agreement and commence the work on the date specified at the time of awardof Contract.

[c] After award of Contract, the EMD will be returned to those Contractors who do notqualify. In case of Successful Contractor, the EMD will be returned once he furnishesthe Security Deposit (Bank Guarantee).

[d] The Firms who are registered with The National Small Industries Corporation Limited(NSIC) are exempted from paying the EMD. These Firms have to attach necessaryself-attested document for having registered with NSIC clearly indicating the validityperiod of NSIC Certificate for availing this concession.

43. Security Deposit [Bank Guarantee]: -[a] The Bank Guarantee is required to be submitted as a Security Deposit in the Format as

prescribed by HAL. The Security Deposit shall be equal to One-month value of theContract amount. It should be valid up to three months after completion date ofContract period.

[b] The Bank Guarantee required to be submitted by the Contractor should be sent to HALdirectly by the issuing Bank under Registered Post (A.D.). No confirmation of BankGuarantee is required to be obtained from issuing Bank, if the B.G. executed byScheduled/Nationalized Banks is received in Banker’s sealed envelope.

Signature of Contractor Signature of Accepting Officer

-10-[c] In exceptional cases, where the B.G. is received through the Contractor, the issuing

branch should be requested to immediately send by Registered Post (A.D.) anunstamped duplicate copy of the guarantee directly to HAL with a covering letter tocompare with the original BG and confirm that the same is in order. The reasons forreceiving BG directly from the Contractor should be recorded in writing.

[d] The Contractor shall deposit prescribed Security Deposit (Bank Guarantee) within30 days of issue of Acceptance Letter, to HAL, failing which, penalty @ 2 % of SecurityDeposit per week or Part thereof with a maximum penalty of 25% of Security Depositwill be levied for delay in submission Security Deposit (Bank Guarantee).

[e] The Bank Guarantee shall be returned to the Contractor after completion of thecontract unless specified otherwise in special condition.

[f] Encashment of Bank Guarantee: - HAL shall have full rights whatsoever to encash anyBank Guarantee executed under this Contract at any time during the validity of theBank Guarantee and the Contractor shall have no right or claim whatsoever in thematter of encashment of the Bank Guarantee amount by HAL. Any dispute/claimwhatsoever in this regard shall only be settled by means of Arbitration as provided forin this Contract and the decision of HAL as to what amount is due to HAL from thesaid Bank against the Bank Guarantee and as to whether the Contractor hascommitted breach of Contract or not, shall be final and binding on the Guarantor Bankand the Contractor shall have no right to interfere with the same expect toagitate/claim/ dispute the same before the Arbitration and the Bank shall have fullrights in terms of the Guarantee to make immediate payments against the BankGuarantee to HAL without the Contractor’s consent, and without referring the matterto the Contractor.

44. Retention Money: - In addition to Security Deposit, 5% Retention Money shall be deductedfrom the bills which shall be released after satisfactory completion of the Contract, and on productionof proof / voucher to the effect that Employees Provident Fund [EPF] contribution has been made,and fulfillment of the entire Statutory obligations under the Contract by the Contractor. Retentionmoney will be continued to be recovered when the Contract gets amended due to additionalpayments arising out of variable Dearness Allowance, increase in EPF contribution etc. However,Retention Money for the original Contract period shall be refunded after fulfilling the EPFrequirements as per Contract, if the Contract gets extended.45. Period of Contract: -The Contract will be in operation for a period of 12 (Twelve months) from the date ofcommencement of the Contract.46. Signing of Contract: -

[a] The Contractor is required to sign a formal detailed Contract in the prescribed formatwith HAL on a non-judicial Stamp Paper of Rs 100/-, the cost of which will be borne byhim. The Contract shall be executed within a maximum period of 30 days from theissue of Letter of Acceptance. Until the Contract is signed, Letter of Acceptance shallremain binding on both the Parties [i.e. HAL and Contractor].

[b] The Contractor shall submit the Contract Agreement on a Stamp Paper of Rs 100/- in aprescribed Form duly signed within 30 days of issue of Acceptance Letter, failingwhich, penalty of Rs 2500/- per week delay to a maximum of Rs10000/- will be leviedfor delay in submission. Payment will not be released if an Agreement is notsubmitted.

47. Mode of Payment: -[a] The Contractor will submit monthly bill in duplicate to the Accepting Officer by 03rd of

every month. Payment will be made once in a month. The payment will normally bemade within seven days of the receipt of the bill after making necessary deductions.

Signature of Contractor Signature of Accepting Officer

-11-[b] In all cases, HAL shall make payments only through Electronic Payment Mechanism

(viz. NEFT/RTGS/ECS). The Contractor shall submit necessary bank account details inthe prescribed Format to HAL. The payment of monthly bills shall be made afterverifying the original Challan (with the photo copies) for depositions of Provident Fund,ESI Contribution, Service Tax, and Professional Tax etc. by the Contractor.

[c] Should there be any payment made inadvertently to the Contractor on his Contract orin any other Contract, HAL shall recover such amount from the Contractors either bydeducting the amount from any sums that may be due, or may become due to theContractors by the Company on any account whatsoever from this, or from any otherContract or from the Security Deposit cum Earnest Money Deposit made by theContractor.

48. Service Tax: -

[a] The Contractor’s registration with the Central Excise Department for coverage ofService Tax is mandatory. In case the Contractor is not having the Service TaxRegistration at the time of submission of Tender document, he should obtain the samesubsequently on award of Contract to him.

[b] The Service Tax payment shall be regularized as per the GovernmentOrders/Notifications issued from time to time.

49. Statutory Deductions: - All statutory deductions such as TDS etc. wherever applicable shallbe deducted from the bills payable to the Contractor at the applicable rates from time to time.50. Income Tax: - On the award of contract, HAL shall deduct the Income Tax, as applicablefrom the monthly running bill payable to the Contractor. A Certificate in this regard will be issued byHAL.

51. Security Rules: - The Contractor, shall follow all Security Rules within Factory premises,which are framed/amended by HAL from time to time regarding Movement of material andequipment to Factory, Issue of Identity Badges, Control on entry of labourers and similar otherissues. The Contractor and his labourers shall abide by all security measures imposed by HAL fromtime to time. The Contractor shall also follow all Rules & Regulations applicable in the event ofsubject area being declared / proclaimed under emergency from time to time.52. Safety Rules: - The Contractor shall ensure that all the Rules & Regulations in forceregarding safety; sanitation and prohibition of smoking are complied with by their labourers. TheContractor shall provide necessary safety appliances to his labourers depending upon the nature ofwork. All the safety provisions and Rules provided in the Maharashtra Factories Rules, 1963 must bestrictly followed. In case of an accident, resulting in any death or disability to the labour, the sameshould be immediately reported to the Accepting Officer, Dy General Manager (PR), Aircraft OverhaulDivision, Nasik, Safety Officer of HAL Aircraft Division, Nasik and other concerned Authorities underthe Factory Act, 1948.53. Engagement of Labourers: -

[a] The Contractor shall engage only Indian Nationals as his Representative, Agent, Servant andlabourers, and verify their loyalty before engagement. The Contractor shall not engage alabour below the age of 18 years. The Contractor shall engage required number of labourersfor the rendering the services properly and shall make his own arrangement for hislabourers. The Contractor will be responsible for payment of compensation, insurance etc. inrespect of his labourers and comply with the Rules governing the labourers.

[b] All labourers engaged will have to be properly screened by the Contractor with regard totheir Character & Antecedents and Conduct. Labourers so engaged by the Contractor,should have Police Verification Certificate from respective Police Authorities endorsed byContractor / Firm before deploying them for work at HAL, Aircraft Overhaul Division, Nasik.All expenses for such police verification are to be borne by the Contractor. If any PoliceVerification Report is found adverse against any labour during the period of engagement,the Contractor shall have to remove that particular labour from duty and from HAL premiseswith immediate effect.

Signature of Contractor Signature of Accepting Officer

-12-[c] If any labour engaged by the Contractor indulges in theft or any illegal / irregular

activities, misconduct, the Contractor will take appropriate action as per Law and Rulesagainst its erring labour in consultation with HAL Authorities and intimate the erringlabour accordingly. Further, in any case, the Contractor shall not engage such anerring labour in HAL for duties.

[d] All labourers engaged by the Contractor shall be employees of the Contractor. HALwill not have any liability to absorb them at any point of time nor can they claim anyright for employment in HAL. An agreement is a ‘Contract’ and does not create any‘Employer – Employee Relationship’.

[e] The Contractor shall ensure smooth conduct and behavior on the part of his labourersand shall endeavor to maintain discipline and an industrial peace.

[f] In the event of any strike by the labourers engaged by the Contractor, the Contractorshall ensure that engagement and deployment of labourers from an alternate sourcewhich shall not affect the normal production operations in any manner. In case of hisfailure to do so, the Management will deploy the manpower by their own means anddebit the cost of the same towards the Contractor’s bills.

54. The Contractor’s Authorized Representative (Owner/Director/Partner/Manager) shallpersonally contact the Accepting Officer at least once in a month to get feedback on the servicesrendered by the Contractor vis-à-vis corrective action required to make their services more efficient.55. The Contractor shall communicate to HAL the name of his Authorized Representative, who willdeal with the Contract and shall have Authority in the form of ‘Power of Attorney’ duly executed on aNon Judicial Stamp Paper to deal with HAL.56. The Contractor shall arrange to maintain the daily shift-wise attendance record of the contractlabourers engaged by him. A copy of the monthly attendance record should be submitted to theAccepting Officer. The attendance record may be demanded from the Contractor at any point of timefor verification.57. The Contractor shall agree to execute the work progressively in co-ordination with theconcerned officers / supervisors as directed by the Accepting Officer.58. Pending Registration under the Employees State Insurance Act, 1948, the Contractor shallobtain necessary insurance coverage in respect of the contract labourers engaged by him so as tocompensate in case of accident to contract labourers. A copy of Insurance document is to bedeposited by the Contractor with the Accepting Officer (under the Employee’s Compensation Act,1923), on award of the Contract.59. Compliance of Labour Laws: - The Contractor shall ensure compliance of various LabourLaws / Acts as mentioned below:-

[a] The Payment of Wages Act, 1936.[b] Employees’ Provident Fund & Miscellaneous Provision Act, 1952.[c] The Factory Act, 1948.[d] Contract Labour (R &A) Act, 1970.[e] Minimum Wages Act, 1948.[f] The Employee’s Compensation Act, 1923.[g] The Employees State Insurance Act, 1948.

60. Provident Fund benefits to labourers, engaged by or through Contractor under the EmployeesProvident Fund Amendment Act of 1963 (Act No. 28 of 1963):- It is an express condition that theContractor will comply with the provision of the Employees Provident Fund and MiscellaneousProvisions Act, 1952 as under:-

[a] He shall submit alongwith the Bills of each month, details indicating PF remittance for theprevious month in respect of each of the labour engaged by him for carrying out theconcerned job, in the Form 12A prescribed under the Employees Provident Fund &Miscellaneous Provision Act, 1952, alongwith a list of labourers engaged by him and theamount deposited to their respective account. It should be countersigned by him. Bills willbe cleared by the Finance Department only after satisfying that applicable PF remittance inrespect of all the concerned labourers engaged has been made by the Contractor for theprevious month. A copy of Form V-10 is also to be enclosed invariably.

Signature of Contractor Signature of Accepting Officer

-13-[b] In addition, in the month of May of each year, the Contractor shall submit the documents in

Form 6A & 3A prescribed under the PF Act, pertaining to the full year (previous Financialyear), alongwith his bill for the month of April of that year and this bill shall be cleared forpayment only after verifying from these documents that all the necessary deposits (PF & FP)for the full year have been made by the Contractor in to the individual accounts of alllabourers engaged by him during the previous year.

[c] With reference to ESI, in addition to verifying the original Challans before processing theBills for payment every month, the Contractor should submit copies of the Return onContributions’ submitted by him for every Contribution Period on Form 6 (under Regulation26) of ESI Act, within 15 days of the stipulated date for submission of the Return to the ESIAuthorities. The details indicated in the Return shall be verified with reference to theChallan for the relevant period and list of personnel engaged by the Contractor before billsfor subsequent months are processed for payment by the Accepting Officer.

[d] The Contractor will be held wholly responsible for any action taken by the Statutory Bodiesfor violation / non-compliance of any such Law / Provision / Rule.

[e] The Contractor shall provide necessary details / documents as required by the PrincipleEmployer (PE) to submit the same to the Labour Authorities, as and when required.

61. Contract Labour (Regulation & Abolition) Act, 1970:- The Contractor will comply withthe provision of the Contract Labour (Regulation & Abolition) Act, 1970 as under:-

[a] The Contractor shall obtain a License required under the Contract Labour (Regulation &Abolition) Act, 1970 from Asst. Labour Commissioner (Central), Mumbai.

[b] The Contractor will be responsible for the strike, observance of various Laws including theContract Labour (Regulation & Abolition) Act, 1970 as may be applicable to labourersengaged by him.

[c] Wages:-[i] The contract labourers will have to be paid wages not less than prescribed under the

Minimum Wages Act, 1948. The rates of minimum wages as notified by the Government ofMaharashtra with effect from 01-07-2016 are Rs 376.00/-per day for ‘SKILLED’ Category,Rs 349.08/- per day for ‘SEMI-SKILLED’ Category and Rs 329.85/- per day for ‘UNSKILLED’Category of employees working in an Engineering Industry. The revision in these minimumwages will be paid by HAL to the Contractor.

[ii] No unauthorized deductions will be made from the wages of the labourers engaged by theContractor for HAL.

[iii] The Contractor will be also responsible to comply with provisions regarding Payment ofWages, Service Conditions, Extension of welfare Amenities etc. as contained in Chapter-V ofthe Contract Labour (Regulation & Abolition) Act, 1970 and Chapter V & VI of the ContractLabour Central Rules, 1971 at his cost.

[iv] The wage period shall not exceed one month and also wages of every labour engaged shallpaid by the Contractor before the expiry of the Tenth day of Month.

[v] In case the engagement of any contract labour is terminated by or on behalf of theContractor, the wages earned by him shall be paid before the expiry of second working dayfrom the day on which the engagement is terminated.

[

62. Registers and Records and Collections of Statistics:-[a] Register of labourers employed (Rule 75): -In respect of every Establishment, where

contract labourers are engaged, the Contractor shall maintain this Register as per the FormXIII.

[b] Employment Card (Rule 76):- Every Contractor shall issue an Employment Card as per FormXIV to each labour within three days of the employment of the labour. The Card shall bemaintained up to date & any change in the particulars shall be entered therein.

Signature of Contractor Signature of Accepting Officer

-14-[c] Service Certificate (Rule 77):- On the termination of engagement for any reasons

whatsoever, the Contractor shall issue Service Certificate, as per Form XV, to the labourwhose services have been terminated.

[d] Muster Roll, Register of Wages and other Registers –[[i] In respect of engagements which are governed by the Payment of Wages Act (4 of 1936) &

Rules made thereunder or the Minimum Wages Act 1948 (11 of 1948) or the Rules madethereunder, the following Registers and Records required to be maintained by theContractor, shall be deemed to be Registers & Records to be maintained by the Contractorunder these Rules:-

Sr . Type of Register Sr. Type of Register[aa] Muster Roll [ae] Wage Slip

[ab] Register of Wages [af] Register of Leave with Wages

[ac] Register of Fines [ag] Register as per Form IX for Establishments

[ad] Register of Advances [ah] Register of labourers engaged

[ii] Where the wage period is one week or more, the Contractor shall issue Wage Slips as perForm XIX to the labour at least a day prior to the disbursement of Wages.

[iii] Register of Deduction for damage or loss, Register of Fines and Register of Advance shall bemaintained by the Contractor as per the Forms XX, XXI and XXII respectively.

63. Industrial Dispute[a] The labourers engaged by the Contractor shall have no claim whatsoever on HAL and shall

not raise any industrial dispute either directly or indirectly with or against HAL in respect oftheir service conditions as long as they are engaged at HAL’s premises for execution of theContract.

[b] In case of any dispute between the Contractor and HAL, the decision of the GeneralManager of HAL shall be final and binding on both the Parties.

64. Subletting: - The Contractor shall not sublet, transfer or assign the Contract or any Partthereof.65. Penalty for non-payment of Statutory Contribution like PF, Security DepositAgreement, Labour Licence etc.:- The Contribution such as PF etc. paid to the respectiveAuthorities to be made by the Contractor on or before 20th of every month, otherwise interest orpenalty charged by the respective Authority on such payment is to be paid by the Contractor. If theAuthorities demand, such amount shall be recovered from the payment of Contractor that is due fromHAL and remitted to the respective Authorities by HAL.66. Labour Licence: - The Contractor shall obtain Labour Licence from the Competent Authority[Central Government] within 30 days of issue of Acceptance Letter and submit to the AcceptingOfficer. The cost of obtaining Licence i.e. Licence fee etc., shall be borne by the Contractor.Necessary Form –V for obtaining Labour Licence shall be issued to the Contractor by HAL.67. Benefits of HAL Rules: - Under no conditions the Contractor, for his labourers, shall claimthe benefits of HAL Rules, Wages & Allowances, facilities etc.68. Force Majeure: - If any time during the currency of the Contract, the performance in wholeor part by either Party of any obligation under this Contract shall be prevented or delayed by reasonbeyond the control of either Party, acts of public enemy, civil commotion, sabotage, fires, floods,explosions epidemics or other acts of God, strike or lockout (herein after referred to eventualities)provided Notice is given by either Party to the other Party within 15 days from the date ofoccurrence, neither Party have any claim for damages against the other Party in respect of such nonperformers or delay in performance / service. The services shall resume as soon as such eventualitiescome to an end or cease to exist.

Signature of Contractor Signature of Accepting Officer

-15-69. Dealing with Tenders when there is a ‘TIE’: - In case of Contractors quoting the samefigures [after arithmetical check etc.], an opportunity shall be given to the Contractors for making arevised offer on the basis of a reduction in the total value in sealed covers, which shall be opened bythe Tender Opening Committee on a fixed date in the presence of the Contractors/theirRepresentatives. In the event of Contractors not agreeing to revise their Offers or for any otherreason, it is not possible to resolve the ‘TIE’, the Competent Financial Authority (CFA) shall exercisehis discretion and accept the tender of the Contractor who is considered to be the best.

70. Termination of the Contract: -

[a] HAL also reserves the right to terminate the contract at any time during its currencywithout assigning any reason thereon by serving ’30 DAYS’ Notice in writing to theContractor at his last known place of residence / business, and the Contractorshall not be entitled to any compensation by reason of such termination. Thedecision of the HAL under this Clause shall be final, conclusive and binding on theContractor and shall not be called into question.

[b] Even in any breach of the Term & Condition of Contract, HAL will have right toterminate the contract without any prior notice to the Contractor. In such case theSecurity Deposit [Bank Guarantee] shall be forfeited, if deemed necessary.

[c] The Contractor shall be required to give ’THREE MONTHS’ advance Notice inwriting for termination of the contract, failing which the Security Deposit[Bank Guarantee] shall be forfeited, if deemed fit.

[d] On continuation unsatisfactory service, HAL reserves the right to foreclose theContract without further notice to the Contractor and make alternate arrangements atContractor’s cost. In such case the Security Deposit [Bank Guarantee] shall beforfeited, if deemed necessary.

[e] The Contract shall be continued to be in operation till the expiry date of Contract or tillthe Contract Value is exhausted, whichever is earlier, as deemed fit by theManagement.

[f] Without prejudice to any of the rights or remedies under the Contract, if theContractor dies or attains legal disability; the Accepting Officer shall have theoption of terminating the Contract without any compensation to the Contractor. HALshall have the right to get the work completed by itself, or through any otherContractor or Agency, at the cost and risk of the Contractor or his Successors ininterest.

[g] The Contractor shall not change the composition during the currency of the Contractwithout the prior approval of the Company. Any happening like death / resignation ofany Partner / Director / Member shall be notified within 24 hours of such happening byregistered letter to the General Manager, Aircraft Division, Nasik. On receipt of suchNotice, the Company reserves the right either to terminate or continue the Contract.In the event of any dispute, legal or other proceedings by any Party or Partiesconcerning the constitution or composition of the Contractor, the Company reservesthe right to take such necessary action as it deems fit, including termination ofContract and withholding payments due or accrued to the Contractor. The Contractshall be awarded on the basis of ‘Principal-to-Principal’, and the Contractor shall bedeemed to be an independent Contractor engaged for the performance ofServices/Work/Job in the manner and to the extent provided in these Presents.

71. Laws governing the Contract: - The Contract will be governed by the Laws of India for thetime being in force and as amended or made from time to time.

Signature of Contractor Signature of Accepting Officer

-16-

72. Arbitration:- In the event of any disputes or differences arising out of this Contract orconnected thereto whether before or after the termination / cancellation of the Contract, the sameshall be referred to the sole arbitration of any person who shall be appointed by theGeneral Manager, Hindustan Aeronautics Limited Aircraft Division Nasik, at his sole discretion.There shall be no objection to any such an appointment even if the Arbitrator so appointed is anemployee of any of the HAL Divisions / Branches. Such an appointment of Arbitrator shall not takeplace unless and until a written request for appointment of Arbitrator from either of the parties to thecontract has been received by the General Manager as aforesaid. If the Arbitrator to whom thematter is originally referred or the Arbitrator who has been appointed in place of the Arbitratororiginally appointed, dies or unable to act as Arbitrator for any reason whatsoever, theGeneral Manager aforesaid, shall appoint at his sole discretion any other person to act as Arbitrator inplace of the Arbitrator to whom the matter is originally referred appointed or the Arbitrator who hasbeen appointed in place of the Arbitrator originally appointed, as the case may be. Such personappointed as Arbitrator shall be entitled to proceed with reference from the stage at which it was leftby his Predecessor. It is a term of this Contract that no person other than a person appointed bythe General Manager as aforesaid should act as Arbitrator and if for any reason that is not possible,the matter is not to be referred to arbitration at all. The Arbitrator may from time to time withconsent of the parties extend the time for making and publishing his award. The Arbitrator shall bedeemed to have entered on the reference on the date on which the first hearing takes place. Thevenue of arbitration shall be such place as may be fixed by the Arbitrator at his sole discretion. TheAward of the Arbitrator shall be final, conclusive and binding on both the Parties of the Contract.Subject to as aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutorymodification or re-enactment thereof and the Rules made thereunder from time to time and for thetime being in force, shall apply to the arbitration proceeding under this Clause.

73. Jurisdiction: -Notwithstanding anything contained elsewhere in this Contract, the Courts atPimpalgaon (Baswant) and Nashik alone shall have jurisdiction to try and deal with any matter ordispute whatsoever arising out of this Contract.

Signature of Contractor Signature of Accepting Officer

-17-

Hindustan Aeronautics LimitedAircraft Overhaul Division, Nasik

FORMAT

STATEMENT OF DECLARATION

(To be duly filled & signed by the Contractor)

1. Were you ever arrested / detained by the Police? :if so give details

2. Is any of your nearest relative (s) involved in :any criminal case?

3. Are you involved in any criminal case? :

4. Will you will vouch for the Antecedents :& Character of the Labourers / AgentsTo whom you will engage?

I certify having checked and vouch for the Antecedents & Character of labourers engaged byme.

Signature: ________________________________

Name of the Contractor: _______________________

Address: ___________________________________

Date: ___________________________________

-18-

BANK DETAILS FOR NEFT / RTGS

[TO BE FILLED UP BY THE CONTRACTOR]

1. Name of the Beneficiary

2. Address of Beneficiary

3. Name of the Beneficiary’s Bank

4. Address of the Beneficiary’s Branch

5. Beneficiary’s Account Number

6. Bank MICR Code

7. IFSC Code of Beneficiary’s Branch

8. Type of Account

________________________

Signature of the Beneficiary

COUNTERSIGNATURED

_______________________Beneficiary’s Bank

NOTE: The Contractor is requested to attach one ‘CANCELED’ Cheque alongwiththis Form for verification of abovementioned details.

-19-[Annx ‘M’ of Works Manual, 2011]

FORMAT OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT1. In consideration of the HINDUSTAN AERONAUTICS LTD.,___________ Division (hereinaftercalled as “HAL”) having agreed to exempt __________________ [hereinafter called “the saidContractor / supplier(s)”] from the demand, under Agreement/Contract/Order No._________ dated________ (hereinafter called “the said Agreement”/said Contract/said Order), made between_________and__________ for (indicate the scope of supply) of security deposit for the due fulfillmentby the aid Contractor/Supplier(s) of the terms and conditions contained in the saidAgreement/Contract/Order, on production of a bank Guarantee for __________ (indicate the amount inRs / Foreign Currency)(________________________only), We ____________________, (hereinafterreferred indicate the name of the bank) to as “the Bank”) at the request of _______________[contractor/supplier(s)] do hereby undertake to pay to HAL an amount not exceeding _____________(indicate the amount Rs / Foreign Currency) against any loss or damage, costs, charges and expenses,claims caused to / suffered or would be caused to/ suffered by HAL by reason of any breach by the saidContractor/supplier(s) of any of the terms or conditions contained in the saidAgreement/Contract/Order.2. We___________________________________(indicate the name of the bank) do herebyunreservedly, irrevocably undertake to pay the amounts due and payable under this guarantee withoutany demur, merely on demand from HAL within fifteen (15) days of such demand stating that theamount claimed is due by way of loss or damage caused to or would be caused to or suffered by HALby reason of breach by the said contractor(s)/supplier of any of the terms or conditions contained in thesaid Agreement/Contract/Order or by reason of the contractor(s) failure to perform the saidAgreement/Contract/Order. Any such demand made on the bank shall be conclusive as regards theamount due and payable by the Bank under this guarantee. However, our liability under this guaranteeshall be restricted to an amount not exceeding ________ (indicate the amount in Rs / Foreign Currency)3. We undertake to pay to HAL an amount not exceeding _______ (indicate the amount in Rs /Foreign Currency) so demanded notwithstanding any dispute or disputes raised by thecontractor(s)/supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto,Our liability under this guarantee being absolute and unequivocal.We _____________________ (indicate the name of the bank) further agree with HAL that HAL shallhave the fullest liberty without our consent and without affecting in any manner our obligationhereunder to vary any of the terms and conditions of the said Agreement/Contract/Order or to extendtime of performance by the said contractor/supplier(s) from time to time or to postpone for any time orfrom time to time any of the powers exercisable by HAL against the said Contractor(s)/supplier and toforbear or enforce any of the terms and conditions relating to the said agreement/contact/order and weshall not be relieved from our liability by reason of any such variation, or extension being granted to thesaid Contractor/supplier(s) or for any forbearance, act or omission on the part of HAL or any indulgenceby HAL to the said Contractor/supplier(s) or by any such matter or thing whatsoever which under thelaw relating to sureties would, but for this provision, have effect of so relieving us.4. We, ___________________________ (indicate the name of bank) lastly undertake not torevoke this guarantee during its currency except with the previous consent of HAL in Writing and agreethat any change in the constitution of the said contractor(s)/Supplier(s) or Bank shall not discharge theBank of its liability under this deed.5. The validity of Bank Guarantee shall be up to……… (dd/mm/yy) and such date shall be 60 daysafter the last delivery/Services against the contract. The Bank Guarantee will continue to be enforceabletill all the dues of HAL under or by virtue of the said Agreement/contract/order have been fully paid andits claims satisfied or discharged or till HAL certifies that the terms and conditions of the saidAgreement/contract/order have been fully and properly carried out by the said contractor(s)/supplierand accordingly discharges this guarantee.6. This Bank Guarantee shall be governed by the, and constitute in accordance with Indian Lawand shall be subject to exclusive Jurisdiction of Indian Courts.7. Dated the _______________ day of ___________ __________ for ___________________(indicate the name of the Bank).

________________________________________________________________________________

-20-Annexure – A

HINDUSTAN AERONAUTICS LIMITEDAIRCRAFT OVERHAUL DIVISION, NASIK

Ref No.: HAL/NK/HR (AOD)/TCL/04/2016-17 Date: 06-10-2016TECHNICAL BID

Section 1: Particulars of the Company / FirmName of the Firm / Company

Type of Ownership (Proprietorship/Partnership/ Ltd. etc.)

Registered Address

Contact Person (Name & Designation)

Telephone No. / Mobile No.

FAX No./ E-Mail ID

Section 2: Profile of CompanyRegistration is available with: (Please attach self- attested copies of certificates)PSUs / CPWD / MES / Railways Registration No. Dated Validity Value of Contract

Attach self-attested copies of Registration certificates as under: –Authorities Yes / No Regn. No. Dated

1. Registration under Employees Provident Fund & Misc. ProvisionAct 1952.

2. Registration under the Employees State Insurance Act, 1948

3. Registration under Professional Tax Authorities.4. Registration under Contract Labour (R&A) Act, 1970 for Labour

Licence.

5. Registration with Central Excise Dept for the coverage ofService Tax.

6. Permanent Account Number (PAN) Card.

7. TIN Number, if applicable.8. Registration under Shops & Establishment Act.

9. List of Board of Directors/Partners/Proprietor (as applicable).

10. Partnership Deed / Memorandum or Articles of Association.

11. Affidavit for Proprietorship.

12. ‘Power of Attorney’ of the authorized person.

13. Police Verification Certificate

14. Availability of Overdraft facilities15. Bank balance statements for last THREE months

16. Name of person authorized to operate the Contract

17. Details of Accreditation Certificates, if any [like ISO, SA 8000,OHSAS 18001 or any other International Accreditation Certificate etc.](Please attach self-attested copies of the requisite certificates).

-21-Section 3: Financial Details:

[a] Details of Income Tax Returns of last THREE years

FY 2012-13 FY 2013-14 FY 2014-15

[b] Details of Annual Turnover in Rupees for the last FIVE years as per Profit & Loss A/C

FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15

[c] Details of Profit & Loss A/c, Balance Sheet( in Rupees) duly certified by theChartered Accountant and the Audit Report of the last FIVE years :

Please attach the audited financial statements as applicable for the past Five yearsand tick (√) in the appropriate column as confirmation of having enclosed theappropriate documents alongwith the application.

Details FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15Profit & Loss A/c dulycertified by theChartered Accountant

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Balance Sheet dulycertified by theChartered Accountant

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Audit Report Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Only tick (√),if applicable

Section 4: Earnest Money Deposit details: -

Name of Issuing the Bank Banker’s Cheque/Pay Order/ Demand Draft No. Date Amount [In Rs]

Section 5: Bank Solvency from Nationalized/Scheduled Banks only [Attested copy] details:-

Name of the Issuing Bank, Branch and address Value [In Rs] Validity Period

Section 6 : Work Orders / Award Letters for Works executed during last SEVEN years alongwithCompletion/Execution Certificate: (Please attach self-attested copies as proof): -

Year Place and Address ofOrganization where the Work is

/ was executed

Period No. oflabourerssupplied

Value ofcompleted

Contract [In Rs]From To

September 2009

2010201120122013

20142015

September 2016

-22-Section 7: Details of Works currently executed by Contractor’s Firm:(If space is found insufficient, the additional papers may be attached)

DECLARATION

(This declaration should be completed by a Proprietor, Partner, Director who have Authority to do so)

I / We declare and confirm that: -

1. All information and attachments submitted in this application [Technical Bid] are true and correct.

2. I / we are aware that any false information provided herein will result in the rejection of my/ourapplication and suspension of any Registrations granted.

Date: Signature : ___________________________

Place: Name & Address of : ____________________________the Contractor with ____________________________Official seal ____________________________

I/We hereby declare that I/we have not been banned and de-listed by any Government Department /PSU / Financial Institution / Court.

Date: Signature : ____________________________

Place: Name & Address of : ____________________________the Contractor with ____________________________Official seal ____________________________

(Details of a person holding the Power of Attorney (if different from above),(A self-attested copy of same to be attached)

_________________________________________________________________________________

Sr.No.

Place and Address ofOrganization wherethe work is currently

executed

Period No. oflabourerssupplied

Value ofcontract[In Rs]

ExistingCommitment andongoing works to

be completed in thenext 12 months

[Value in Rs]

From To

1.

2.

3.

4.

5.

6.

7.

8.

TOTAL AMOUNT

-23-Annexure – B

HINDUSTAN AERONAUTICS LIMITEDAIRCRAFT OVERHAUL DIVISION, NASIK

Tender No. : HAL/NK/HR (AOD)/TCL/04/2016-17 Date: 06-10-2016

PRICE BID

1. Name and Address of the Contractor

2. Tender Number HAL/NK/HR (AOD)/TCL/04/2016-17

3. Name of the Work Contract for ‘Upkeep of HALFactory, Township& HospitalAreas’

4. Period of Contract 12 Months5. Approximate cost of Tender - As under -Sl.No.

Description Rate ofminimumwages perday(In `)

Requiredman-days

for OneYear

Total Amount(In `)

[A] Wages(i) Skilled [HAL Factory & T/Ship Sanitation] 02 Drivers 376.00 300 225600.00

Unskilled [HAL Factory & T/Ship Sanitation] 87 C/Labourers 329.85 300 8609085.00Unskilled [ HAL Factory & T/Ship Horticulture] 59 C/Labourers 329.85 300 5838345.00Unskilled [ HAL Hospital sanitation] 24 C/Labourers 329.85 300 2374920.00

17047950.00(ii) Paid Holidays

Skilled [HAL Factory & T/Ship Sanitation] 02 Drivers 376.00 12 9024.00Unskilled [HAL Factory & T/Ship Sanitation] 87 C/Labourers 329.85 12 344363.40Unskilled [HAL Factory & T/Ship Horticulture] 59 C/Labourers 329.85 12 233533.80Unskilled [ HAL Hospital sanitation] 24 C/Labourers 329.85 12 94996.80

681918.00Sub Total (i + ii) 17729868.00

[B] Canteen AllowanceSkilled [HAL Factory & T/Ship Sanitation] 02 Drivers 39.00 300 23400.00Unskilled [HAL Factory & T/Ship Sanitation] 87 C/Labourers 39.00 300 1017900.00Unskilled [HAL Factory & T/Ship Horticulture] 59 C/Labourers 39.00 300 690300.00Unskilled [HAL Factory Hospital sanitation] 24 C/Labourers 39.00 300 280800.00

2012400.00[C] PF Elements:-(i) PF @ 12%on [A (i)+(ii))i.e. on Rs 1,77,29,868/-] 2127584.16(ii) PF Admn [email protected]% on [A(i)+(ii) i.e. on Rs 1,77,29,868/-] 241126.20

Sub Total (i + ii) 2368710.36Sub Total (A+B+C)(Rs 17729868+Rs 2012400+Rs 2368710.36)

22110978.36

[D] Service Charges [Profit Element] on Wages)[i.e. on A(i)Rs 1,70,47,950/-]

Percentage Amount [In Rs]

%

[E] Sub Total(A+B+C+D)[F] Service Tax @ 15% on [E][G] Material Cost for ONE Year 401025.00[H] Estimated Contract Value [E + F + G][I] Rounded off amount [In Rupees]

-24-

CONTRACTOR MAY NOTE THE FOLLOWING POINTS: -1. While quoting Service Charges [Profit element], legal obligations towards obtaining LabourLicense, Contract Agreement, Bank Guarantee, IT deductions at source as applicable on grossamount, Employee’s Compensation Policy towards Insurance, Advances given to labourers engagedfor HAL, Supervisory Charges, PF Admin charges, Retention Money on gross amount of monthly billetc shall be kept in view. Other than the amount towards the Service Charges and Service Tax[asapplicable], nothing extra shall be paid by HAL.2. Service Charges [profit element] will be paid on actual Man-days only.

3. Service Charges [profit element] are payable on rate of Minimum Wages revised from time totime.4. Remittance of Professional Tax, Service Tax, any other statutory obligations and maintenanceof various Records / Returns shall be the sole responsibility of the Contractor.

Signature : ______________________Name of Contractor : ______________________

Date: Office Seal : ________________________________________________________________________________________________________

-25-Annexure – C

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-27-

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