HINDUSTAN AERONAUTICS LIMITED (AVIONICS DIVISION KORWA)3.imimg.com/data3/CG/QL/HTT-1279/1279_2013-07-16-14-36-39_13… · 16/07/2013 · Hindustan Aeronautics Limited Avionics Division,

Sanitation & Housekeeping services in Township premises at HAL Korwa. C.A. No. - HAL/KWD/CIVIL/07 of 13-14

HINDUSTAN AERONAUTICS LIMITED ‘

(AVIONICS DIVISION KORWA)

CIVIL ENGINEERING DEPARTMENT

TECHNICAL BID

(General & Special Conditions of Contract)

TENDER FOR: Sanitation & Housekeeping Services in Township premises at HAL Korwa.

C. A. No. - HAL/ KWD/ Civil/ 07 of 13-14. Last date for up-loading / online Submission of Tender : 02.08.2013 Upto 14:00Hrs. Date of opening of Technical Bid : 02.08.2013 at 14:30Hrs.

Note: Tenderers / contractors are required to visit our website up to 31.07. 2013 to incorporate corrigendum if any, as corrigendum if any will not be published in newspaper.

(Issuing Officer) Page 1 of 52 (Signature of contractor with seal)

Sanitation & Housekeeping services in Township premises at HAL Korwa. C.A. No. - HAL/KWD/CIVIL/ 07 of 13-14


Hindustan Aeronautics Limited Avionics Division, Korwa

I N D E X

Sl. No. Description Page No.

01 INDEX 02

02 NOTICE INVITING TENDER 03

03. BACKGROUND INFORMATION TO THE TENDERERS 06

04. EXPERIENCE & FINANCE SOUNDNESS CERTIFICATE 07

05 INSTRUCTIONS TO TENDERERS 08

06 GENERAL CONDITIONS CONTRACT (PART-I) 12

07 GENERAL CONDITIONS CONTRACT (PART-II) 26

08 SCOPE AND AREAS OF WORK 33

09 SCHEDULE - “A” 37

10 HAL CONTRACTOR’S LABOUR REGULATIONS

(I) MINIMUM WAGES

(II) MINIMUM MATERIALS & TOOLS REQUIRED PER MONTH

FOR SANITATION

38

11 ACCEPTANCE OF THE TERMS & CONDITIONS BY THE TENDERER 43

12 P.F. PROFORMA & SUMMARY OF DEDUCTION 44

List of Annexure

1 FORMAT OF INDEMNITY BOND 45

2 FORMAT OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT /

PERFORMANCE GUARANTEE

46

3 FORMAT OF BANK GUARANTEE FOR MOBILIZATION ADVANCE

PAYMENT

47

4 FORMAT FOR ACCEPTANCE LETTER 48

5 AMENDMENT TO CONTRACT AGREEMENT 50

6 FORMAT OF UNDERTAKING TO BE FURNISHED AND UPLOADED BY

THE CONTRACTOR

51

Preamble to Schedule ‘A’ 52


HINDUSTAN AERONAUTICS LIMITED (AVIONICS DIVISION KORWA)

Post Office: Hal Korwa, Teh: Amethi (Korwa) Distt: Amethi (UP) - 227412 Ph. No.-05368-256041, Fax No. - 05368-256142 / 256148

e-Tender Notice

C.A.No.-HAL/KWD/Civil/07 of 13-14. Date 07.07.2013 Online E-tenders are invited in Two-Bid System (i.e. Technical Bid & Financial/ Price Bid) for work mentioned below in E-mode from Contractors (Indian Nationals/ Firms only) and free view Tender documents are available on HAL Website www.hal-india.com under link Tender, E-Procurement portal. Interested agencies are requested to sign-in (new user sign-in only with DSC) online to obtain user-ID and password using Digital Signature. The tender documents comprises of Terms and conditions, Pre- qualification profiles and price bids. It is requested to download the Tender on acceptance of terms & conditions. The prequalification profile and price bids duly filled may be uploaded on E-Portal of HAL using Digital Signature before the last date & time of submission as mentioned in the tender notice. The credentials as listed below shall be uploaded online. S.

No

.

Description of

Work

Estimated Value

(Approx) (Rs. in lacs)

EMD (Rs. in lacs)

Cost of Tender (Rs.)

Period of Completion

Last date of online

submission of Tender

Date of Opening

of Tender

1 Sanitation & Housekeeping Services in Township premises at HAL Korwa.

80.10 0.80 5250/- 12 Months 02.08.13

up to 14:00 hrs.

02.08.13 at

14:30 hrs.

• Date of opening of Technical bid: 02.08.2013 at 14:30 hrs. • Date of opening of Price bid will be intimated to the eligible parties later on.

02. Intending Tenderers having credential as mentioned below may participate in e-tendering.

The Pre-qualification requirements for the works are as under: ESSENTIAL CRITERIA (Pre-qualification requirements): The credentials as listed below shall be uploaded online. a) ANNUAL TURN OVER: Average annual financial turnover during the last 3 years, ending

31st March of the previous financial year, should be at least 30% of the approx. estimated amount as given in NIT.

b) EMD: Earnest Money Deposit as specified in NIT to be furnished in the form of Demand Draft / Bankers cheque / Pay Order payable to Hindustan Aeronautics Limited, Avionics Division, Korwa from any Nationalized Bank/ Scheduled Bank payable at SBI Korwa code no. - 8069, & Deposition of EMD through any other form will not be accepted. The scanned image of earnest money deposit to be uploaded online along with the Technical bid and the original one should reach to the address mentioned below so as to reach Latest by 12.30 Hrs on the last date of submission of tender in case EMD not paid through e-payment gateway. However the details of DD no. date etc. to be provided in the prequalification profile.

c) TENDER COST (Non refundable): The Tender cost as specified in NIT to be submitted in the form of Banker’s Cheque / Pay order / Demand Draft payable to Hindustan Aeronautics Limited, Avionics Division, Korwa from any Nationalized Bank/ Scheduled Bank payable at SBI Korwa code no. - 8069, submitted to the address mentioned below so as to reach Latest by 12.30 Hrs on the last date of submission of tender in case Tender cost not paid through e-payment gateway. However the details of DD no date etc. to be provided in the prequalification profile along with scanned image of the same to be uploaded.

• The cost of tender document and EMD should reach to the following address up to

12.30 Hrs. on the last date of submission for tender document as mentioned in tender notice failing which tender will not be opened and any postal delay or any other reasons what so ever maybe will not be considered.

Manager (Works), Hindustan Aeronautics Limited, Avionics Division, Korwa,


http://www.hal-india.com/



PO: HAL Korwa, Distt.: Amethi (UP)- 227412

d) SOLVENCY: The latest solvency certificate required will be 40% (minimum) of the approx estimated amount as given in NIT. The solvency certificate shall be from a nationalized or scheduled bank and issued within a period 12 months from the final date of submission of tender.

e) EXPERIENCE: Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited should be either or the following.

i) Three similar completed works each costing not less than the amount equal to 40% of the approx estimated amount as given in NIT. OR

ii) Two similar completed works each costing not less than the amount equal to 50% of the approx estimated amount as given in NIT. OR

iii) One similar completed work costing not less than the amount equal to 80% of the approx estimated amount as given in NIT.

Note: (1) The work shall be completed as a whole. Partial value/ partial completion are not to be considered.

(2) In case of experience certificate obtained from reputed organizations, the same shall be supported with TDS certificate, by the contractor in order to avoid fraudulent cases.

(3) The meaning of “Similar Work” is experience in “Sanitation & Housekeeping services” f) Proof of service tax registration certificate.

g) PF CODE: In case a contractor is so selected & couldn’t have PF code no., such contractor has to

apply & obtain a PF code no. from the respective PF commissioner after award of the work.

Desirable criteria • License-

Labour license for the no. of manpower engaged from the concerned authorities/ organization / bodies.

• Intending parties are required to submit an undertaking that their firms have never been

debarred/black listed by any Government/Public sector deptt. This undertaking is to be given in the following format:---->

Undertaking to be furnished by the intending tenderer:- I/We declare and confirm that:- i) I/we have never been blacklisted /debarred from any Govt. /Public sector enterprises. ii) All the information and attachments submitted in the technical bid / envelope `A' are true and correct. iii) There is no suppression or concealment of information / document with regard to

execution of work during the last 07 years as called up in tender para 2(e) of tender notice no. HAL/KWD/Civil/ …………. dated ……..

iv) I/We are aware that any false information provided herein will result in the rejection of my tender at any stage.

(Signature of contractor) 2.2 DESIRABLE DOCUMENT TO BE UPLOADED ALONG WITH TENDER: The following documents are also to be submitted.

i) Constitution and legal status. ii) Registration with HAL/ other organization if any iii) Copy of PAN/GIR No. Registration certificate issued by income tax

Authority. iv) Certificate of TIN number ( If applicable)

3.0 General Conditions 3.1 Tenders of those Tenderers who fulfill the criteria mentioned above will only be considered for opening of Price Bid. Incomplete / invalid tenders are liable for rejection and no


correspondence will be entertained in case of rejection. 3.2 Non uploading of requisite documents due to negligence or ignorance by the tenderers leading to disqualification will be having to be borne by the tenderer only. There shall be no claim whatsoever in this regard. 3.3 ECS/IFS code details are to be uploaded including the name of the bank, branch and account No. where payments are to be credited along with the scan copy of Blank Cheque leaf. 4.0 General Terms: 4.1 Contractors / agencies are subject to be disqualified, even though they meet the qualifying criteria, if they Make misleading or false representations in the request, statements and attachments submitted in proof of qualification requirements including holding information and /or have record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures, requesting for claims not admissible under the contract conditions, etc. 4.2 Tender Documents duly filled & uploaded with in the last date of submission as mentioned in the tender notice. The last date for receipt of Tender will not be extended under any circumstances, unless otherwise the date is declared a holiday for HAL, in which case the next working day will be treated as the last date of receipt of Tender document. 4.3 This advertisement can also be seen in HAL Website www.hal-india.com, under Tenders, Avionics Division, Korwa. Tenders and this tender notice forms part of the tender document. Tenders received without earnest money & Tender cost or those which are incomplete or conditional, will be rejected. 4.4 Since this is an electronic mode of tendering, any manual or mechanical errors committed before uploading or during the process of uploading the document shall bound to be duly accepted by the tenderer. The tenderer shall not have claim whatsoever in this regard. 4.5 Tenderers are required to make the DATA ENTRY of the item rate in figure only and rate in words will be automatically generated by the system. The rate to be inserted should invariably correspond to the “UNITS” given under unit column. 4.6 The tenderers shall download and sign the LETTER OF UNDERTAKING (as per the format enclosed at Annexure –6) of the document and upload the same along with other documents. 4.7 The tenderers will be required to keep their offers open upto 90 days without modification. If the tenderer modifies his tender or revokes the same during this period, the tender may, at the discretion of CFA, be treated as non – bonafide and cancelled and earnest money forfeited.

for Hindustan Aeronautics Limited, (Avionics Division, Korwa)

Manager (Works)




BACKGROUND INFORMATION TO THE CONTRACTORS The Hindustan Aeronautics Limited, Avionics Division, Korwa, Amethi, Distt: Amethi has

approximately 1300 Employees Including Trainees working in the factory. It is situated at a distance of 60 Kms. From Raebareli on Raebareli - Amethi State Highway in Tehsil: Amethi, Distt: Amethi (U.P). Amethi is approximately 10 Kms and Sultanpur is 28 Kms from the Division.


EXPERIENCE CERTIFICATE (Sample format)

(Experience Certificate should cover the following) 1. Name of organization where Sanitation

Services were rendered by the Tenderer / Party :

02. Amount of Contract : 03. Period of service rendered :

4. Specific comment regarding the service being Satisfactory or otherwise during the tenure of The Contractor :

5. Behavior of the Contractor with the

Organization / Staff : Signature of Employer of the Organization

CERTIFICATE OF THE FINANCIAL SOUNDNESS ISSUED BY SCHEDULED BANK (Sample format)

.Name of Bank where the Tenderer / Party has its account :

.The period since when account is being

Maintained. :

.Whether during this period account was Being maintained satisfactorily and there Were no overdrafts. :

.General impression of the Bank regarding

Financial soundness of the Tenderer / Party : Signature of Manager of the Bank




INSTRUCTIONS TO TENDERERS

1. Online E-tenders are invited in Two-Bid System for “Sanitation & Housekeeping services in Factory premises at HAL Korwa.”,in E-mode from Contractors (Indian Nationals/ Firms only)and free view Tender documents are available on HAL Website www.hal-india.com under link Tenders, E-Procurement portal. Interested agencies are requested to sign-in (new user sign-in only with DSC) online to obtain user-ID and password using Digital Signature. The tender documents comprises of Terms and conditions, Pre- qualification profiles and price bids. It is requested to download the Tender on acceptance of terms & conditions. The prequalification profile and price bids duly filled up may be uploaded on E-Portal of HAL using Digital Signature before the last date & time of submission as mentioned in the tender notice. 2. E-TENDRING: (a) Tender documents are available on HAL Website www.hal-india.com under link Tenders, E-Procurement portal. (b) Scanned copy of EMD to be submitted along with Technical Bid and the original EMD should reach the given address in NIT well within the date and time of submission of tender in case EMD not paid though e-payment gateway. (c) This is an ELECTRONIC MODE of Tendering, any manual or mechanical errors committed before uploading or during the process of uploading the Document shall bound to be duly accepted by the Tenderer. The Tenderer shall not have claim whatsoever in this regard. (d) Tenderers are required to make the DATA ENTRY of the item rate in figures only and rate in words will be automatically generated by the system. The rate to be inserted should invariably correspond to the “UNITS” given under unit column. (e) The tenderer shall download and sign the LETTER OF UNDERTAKING (as per the format enclosed at Annexure – 6) of the document and upload the same along with other documents. 3. Tender is open to all contractors, unless otherwise stated. The contractors other than those in the approved list of HAL, Avionics division, Korwa may submit their registration details as contractors with state PWD, MES, Railways, CPWD or any other Government Undertaking if any. The documentary proof of the past experience, financial standing, details of plant and machinery available with the tenderer, latest IT/ST clearance certificates must also be furnished along with the tender as per the details mentioned in the GCC in technical bids. 4. The tender should be accompanied by a list of contracts already held by the contractor at the time of submitting tender by giving particulars in the format given. 5. The tenderers are required to verify all the tender documents received by them as to their completeness in all respects and satisfy themselves before submitting the same. If any short receipt of pages or otherwise defective, the same will be brought to the notice of Manager (Works) / AGM (TS) immediately, preferably within five days prior to opening of tenders. If no such defects are reported, it will be deemed that the tenderers received the said documents without any defects and no complaint whatsoever in this regard will be entertained after opening of tenders. 6. The rates quoted will include and will be deemed to have included all taxes including the taxes on works contract, excise duty, Octroi duty, fees, royalties and any other duties or fees whatsoever levy-able under the State or Central Govt. or any other local authorities the rates will also include & will be deemed to have included any other expenses like transportations of materials to the work site, handling, loading and unloading there of and taxes, duties, royalties, fees, whatsoever on materials. The rate quoted shall be inclusive of all taxes / duties / statutory etc. including service tax as applicable. An amount equal to 75% of Service Tax will be deducted from RAR’s. The service receiver and provider has to pay service tax in prescribed ratio as given below.

SL.No.

Description of a service

Percentage of service tax payable by the person providing service.

Percentage of service tax payable by the person receiving the service




01

In respect of services provided or agreed to be provided by way of supply of manpower for any purpose

25%

75%

The amount of Service Tax will be calculated based on the formula as given below:- 25% Service Tax = 0.25x ( 0.1236 ) x Quoted rate; 75% Service Tax = 0.75x ( 0.1236 ) x Quoted rate 1.1236 1.1236 Note: For Private limited company, 100% Service tax will be withhold from their RAR’s and the same will be released after submission of proof of deposition to concerned authority by the Contractor. In case of any increase in new taxes or introduction of new taxes by enactment of law by the State or Central Govt. after the submission of the tender or during the tenure of contract such increase in tax will be reimbursed to the extent applicable to that contract on production of proof of remittance. 7. The rates quoted will be for execution of finished item of works as indicated in the Bill of quantity, which include cost of all materials, consumables, transportation to site, all taxes, duties, royalties, octroi, cost of incidental charges on tools / plants and cost of Labour all complete. 8. If a tenderer find discrepancies or omissions in the drawings or any of the tender documents or should be in doubt as to their meaning he should at once address the authority inviting tender for clarification. Every endeavor is made to avoid any errors which can materially affect the basis of the tender but the successful tenderer will take upon himself to provide for the risk of any error which may be subsequently discovered and will make no subsequent claim on account thereof. The decision of the Manager(Works) / Sr. Manager (Works)/ Ch. Manager (Works)/ AGM(TS) , H.A.L Avionics Division Korwa, will be final and binding on the tenderer in this respect. 9. The contractor’s responsibility for this contract will commence from the date indicated in the order of acceptance of his tender. The scheduled date of completion of this work will be from such date and the contractor will have to plan his work accordingly. 10. SECURITY DEPOSIT

a) The successful tenderer will be required to furnish security deposit for the fulfillment of contract. The security deposit will be equal to one-month value of the contract amount. This amount will not be altered during the execution of work due to any kind of deviation [either plus or minus] or extension of duration of contract.

b) In addition to security deposit 5% retention money will be deducted from the bills which will be released after satisfactory completion of work and on production of proof / vouchers to effect that EPF contribution have been made and fulfillment of the entire statutory obligation under the contract by the contractor. Retention money will be continued to be recovered when the contract gets amended // extended period of the contract. However, retention money for the original contract period will be refunded after fulfilling the EPF requirements as per contract if the contract gets extended.

c) The contractor will deposit the difference between earnest money and full security deposit by Demand Draft / Bank Guarantee within 30 days of acceptance or before commencement of work whichever is earlier.

d) Any delay in depositing the security deposit as above will attract a penal recovery for the delay period on the balance security deposit amount [if EMD is deposited] @ 2 % of security deposit per week or part thereof with a maximum penalty of 25% of security deposit.

e) For works costing Rs. 50 Lakhs [accepted contract value] and above Bank Guarantee can be accepted. Any delay in submitting Bank Guarantee will attract the same penal recovery as indicated above. The Bank Guarantee will cover the completion period of the work plus three months / extended period plus three months, as per standard HAL format.

f) The work will not be generally allowed to be started unless security deposit has been paid.

g) Also no payment will be released to the Contractor unless Security Deposit is submitted and contract agreement is executed.

h) Security deposit will be released along with the final bill i) The security deposit as a whole is liable to be forfeited in case the contractor fails to

complete and abandons the work.




11. BANK GUARANTEE:

a) Bank guarantee will be submitted by the Tenderers for Security Deposit in the

standard HAL format at Annexure- 2. b) The Bank Guarantee will continue to be enforceable till all the dues of the company

under or by virtue of the agreement have been fully paid and its claims satisfied or discharged or till the company certifies that the terms and conditions of the agreement / contract have been fully and properly met by the said contractor (s).

c) Bank guarantee needs to be extended by the contractor suitably in case of any extension of contract period.

d) The bank guarantee should be on Non – Judicial Stamp Papers. e) The Bank Guarantees issued by Nationalized / Scheduled Banks in India will be

acceptable. f) Direct submission of the Bank Guarantee by the Tenderers will not be accepted by

HAL. Bank Guarantee needs to be sent by the concerned bank directly to HAL. g) For works costing Rs. 50 Lakhs [accepted contract value] and above Bank Guarantee

can be accepted. The Bank Guarantee will cover the completion period of the work plus three months / extended period plus three months, as per standard HAL format at Annexure- 2.

12. If the contractor desires to entrust his affairs to any person or agent, a power of attorney duly authenticated by a Magistrate / Notary / Court / Judge in favour of such person / Agent, will be submitted to HAL, acceptance of which will be at the discretion of Accepting Officer.

13. If the tenderer deliberately gives wrong information in his tender or create conditions

favorable for acceptance of his tender, the accepting officer reserves the right to reject such tender at any stage and forfeit the earnest money. The accepting officer will be at liberty to foreclose the contract without prejudice to any other remedies that may be available to HAL under the contract, even after the acceptance of the tender.

14. Words imparting the singular number will also be deemed to include the plural number and

vice versa where the context so requires. 15. The contractor will make all arrangements for execution of agreement within the time at his

own cost using HAL standard format on non-judicial stamp paper and execute the same. In case of delay suitable penalty as per GCC will be covered.

16. Several documents forming the contract are to be taken as mutually explanatory to one

another. Detailed drawings and figured dimension in the drawings will be followed in preference to scaling the drawing.

17. If there are varying or conflicting provisions made in any one of the documents forming part of

the contract, the Manager / Sr. Manager/ Ch. Manager (works)/ AGM(TS) will be the sole deciding authority with regard to the intention of the document and his decision in this respect will be final and binding.

18. The tenderer will not increase his quoted rates in case the accepting officer negotiates for

reduction of rates. Such negotiations will not amount to cancellation or withdrawal of the original offer and the rates originally quoted will be valid for the time specified in the tender from the date of opening of tenders.

19. Canvassing in any form in connection with the tenders is strictly prohibited and the tenders

submitted by the contractors who resort to canvassing will be liable to be rejected. 20. Whenever the Engineer-in-charge of the work feels it necessary and advises the contractor

for production of bills for any materials whatsoever procured / purchased by the contractor for use and incorporation in the work, the contractor will produce such bills in proof of such


purchase / procurement from bonafide dealers/ manufacturers. Such a demand for production of bill can be made by the Engineer-in-charge even after use and incorporation of such materials in the work, after clearance by the Engineer-in-charge for the quality of the materials. In the event of such a demand by the Engineer-in-charge for production of bills, the contractor will not use and incorporate such materials in the work without the prior clearance in writing from the Engineer-in-charge. In case, the contractor fails to produce the bills or uses / incorporates the materials in the work against which bills are advised to be produced, without prior clearance of Engineer-in-charge, no payment against any work under the contract executed by the contractor will be made.

21. Payment to the contractors will be made through RTGS/ NEFT/ Bank transfers mode

only.Contractors need to submit all the required Bank details to us along with the tender submitted by them so as to have timely payment /refunds if any to them. The details are to be submitted along with the tender, invariably.

22. Tenderers will write the rate in figure only in the column specified in the Schedule ‘A’. [BOQ]

of financial bid. The Tender documents will thereafter to ensure, the following:-

(i) The tenders are arithmetically correct. If any arithmetical inaccuracies are noticed in extension / total, the amounts will be corrected.

(ii) The tender is complete in all respects and all pages have been signed by the contractor. (iii) The tenderers have not imposed any fresh conditions not included in the tender.

23. These instructions to Tenderers will be deemed to form an integral part of the contract. Manager (Works) I ACCEPT THE ABOVE HAL Avionics Division. Authorized signatory of Contractor




General Condition of contract (Part-I) (GCC)

1- Definitions - In these General conditions of contract the following terms shall have the meaning here by assigned to them except where the context otherwise requires:- (a) The ‘CONTRACT’ means the documents forming the tender and acceptance there of together with all documents referred to therein including General conditions of contract, special conditions of contract, Schedule “A’ attached to the tender, instructions to tender, summary of tender and acceptance of contract, and correspondence with the contractor from submission of tender till its acceptance. All these documents as applicable taken together shall be deemed to form one contract and shall be complementary to one another.

(b) The ‘TENDER DOCUMENTS’ means the form of tender, the applicable schedule, General conditions of contract , instructions to Tenderer and the technical specification and/ or drawing as given to contractors on payment for the purpose of preparing their tenders.

(c) The ‘WORK” means the work described in the tender documents, in individual work order and /or accompanying drawings and specifications as may be issued from time to time to the contractor by the Sr. Manager (Works)/ Manager(Works), within the powers conferred upon them including all modified or additional works and obligations to be carried out either at site or at Factory or any workshop or other place as required for the performance of the contract.

(d) The” SITE “means the lands and/ or other places on in, into or through which the work is to be executed under the contract or any adjacent land path or street which may be allotted to or used for the purpose of carrying out the contract. (e) The ‘CONTRACTOR’ means the individual or firm or company whether incorporated or not undertaking the work and shall include the legal personal representatives of such individuals or the persons composing the firm or company or the successors of the firm or company and the permitted assignee of such individual or firm or company.

(f) The letters Mgr. / Ch. Mgr. means Manager/ Chief Manager who administer the contract. The Engineer-in-Charge means the Deputy Manager or Manager appointed by the Mgr(Works) / Sr. manage/Chief Manager to execute the works or part of the works. (g) The “Contract sum” means the sum accepted or the sum calculated in accordance with the prices accepted in tender and/or the contract rates payable to the contract or for the entire execution and full completion of work. (h) The ‘FINAL SUM’ means the actual amount payable under the contract by the Hindustan Aeronautics Ltd. to the contractor for entire execution and full completion of the work. (i) The Date for completion is the date or dates for completion of the whole or any part of the work as set out in or ascertained in accordance with the individual work order or the tender document or any subsequent amendment thereto as provided in the conditions..

(j) ‘DEVIATION ORDER’ means an order given by the Mgr. /Sr. Mgr. to affect an alteration, addition, or deduction, which does not radically affect the scope or nature of the contract.

(k) ‘EMERGENCY WORKS’ means any urgent measures which, in the opinion of the AGM (TS)/ Mgr (Works) become necessary during the progress of the work to obviate any risk of accident or failure which become necessary for security.

(l) Hindustan Aeronautics Limited, having its registered office at Bangalore, here in after referred to as HAL, shall mean the Board of Directors, Chairman, Managing Director, Executive Director Korwa Division and other officer of the said company including


(m) ‘I.S. means “Indian standard “as issued by Indian Standards Institution, ‘B.S. ‘means the ”British Standards” as issued by British Standards Institution, “I.S.D.” specifications means the edition of specifications issued by the Ministry of Industry and Supply, Government of India.

Wherever the above mentioned specifications are referred to in the specifications and /or Work order it means the edition, with all amendments, current at the date of issue of the tender document. (n) “Approved’ and directed’ means the approval or direction of the Ch. Mgr /Sr. Mgr. /Mgr. of persons deputed by him for the particular purpose. (o) Scheduled Bank” means a Bank included in the second schedule to the Reserve Bank of India Act, 1934 or modification thereto.

(p) A ‘Week’ means seven days without regard to the number of hours worked or not worked in any day in that week.

2. The tender shall be accompanied with an earnest money deposit of the amount as stipulated in the Tender Notice/Special Conditions of Contract. The earnest money will be refunded to the unsuccessful Tenderer after the award of work is finalized. In the case of the successful Tenderer the earnest money will be adjusted as part of the security deposit and will be refunded as per procedure laid in the Conditions of Contract. The earnest money is liable to be forfeited in case the Accepting Officer / EIC feels that the tender is not bonafide or the Tenderer modifies or revokes the tender during the period the tenders are kept open. The decision of the Accepting Officer whether a tender is bonafide or not, is final and conclusive, and is binding on the Tenderer. 3. The Tenderer must obtain for himself on his own responsibility and at his own expenses all the information which may be necessary for the purpose of making a tender and for entering into a contract and must examine the entire tender document, inspect the site of the work and acquaint himself with all the information about scope and specifications of the work to be done, all his obligations under the contract, local, hydrological and climatic conditions, local and statutory/ Govt. rules and regulations, all other local conditions, means of access to the work, security requirements, restrictions in entry to the Project site, conditions of site of work, nature of the work and all matters pertaining thereto. 4. HAL will not be responsible and will not reimburse any expenses which may be incurred or losses to person or property suffered by any Tenderer in connection with visits and examination of the site and in the preparation of his tender for submission.

5. The Tenderer must note that information, if any, as regards to the site and local conditions, as contained in these tender documents has been given merely to assist the Tenderer and is not deemed to be complete.

6. The Tenderer should note and bear in mind that HAL shall bear no responsibility for the lack of acquaintance of the site and other conditions or any information relating thereto, on its part. The consequences of the lack of any knowledge, as aforesaid, on the part of the Tenderer shall be at their risk and cost and no charges or claims whatsoever consequent upon the lack of any information, knowledge or understanding shall be entertained or payable by HAL either during tender stage or during the contract period.

7. If any alternations are made by the Tenderer in the Tender Documents, the Tender may be




liable for rejection.

8. All information supporting the tender shall be in English and all entries made by hand and written in ink. There shall be no overwriting or erasure. All corrections should be attested by the tenderer with his dated initials as many times as the corrections occur

9. The tenderers will be required to keep their offers open upto 90 days without modification. If the tenderer modifies his tender or revokes the same during this period, the tender may, at the discretion of CFA, be treated as non – bonafide and cancelled and earnest money forfeited. 10. The tender quote shall be given in Indian Rupees in Financial Bid only.

11. Tenderer are required to sign each and every page of the tender documents including the drawings attached thereto and any common set of deviations / corrigendum / addendum issued by HAL. All corrections in the tender documents must also be signed by the Tenderer.

12. If a Tenderer withdraws his offer after submission of his tender, fails to start the work in accordance with the instructions of the Engineer-in-Charge, the Earnest money deposited by him may be forfeited without prejudice to any other action / remedy available to the company under the contract.

13. Conditional and unwitnessed tenders, tenders containing freak rates and amounts, tenders which are incomplete of otherwise considered defective and tenders not in accordance, with tender conditions laid down by the Accepting officer are liable to be rejected.

14. Tenders not submitted on prescribed forms are liable to be rejected.

15. The acceptance of the tender will rest with the competent authority who does not bind himself to accept the lowest tender and reserves to himself the authority to accept or reject any or all tenders without assigning any reasons. All tenders in which any of the prescribed conditions are not fulfilled or incomplete in any respect, are liable to be rejected.

16. The instructions to Tenderer shall be deemed to form an integral part of the contract. 17. EARNEST MONEY: a) Earnest Money Deposit as specified in NIT to be furnished in the form of Demand Draft / Bankers cheque / Pay Order payable to Hindustan Aeronautics Limited, Avionics Division, Korwa from any Nationalized Bank/ Scheduled Bank payable at SBI Korwa code no. - 8069,& deposition of EMD through any other form will not be accepted. The scanned image of earnest money deposit to be uploaded online along with the Technical bid and original one should reach to the address mentioned below so as to reach Latest by 12.30 Hrs on the last date of submission of tender in case EMD not paid through e-payment gateway. However the details of DD no, date etc. to be provided in the prequalification profile. b) Tender will be considered as invalid and rejected if it does not accompany the appropriate earnest money deposit in the prescribed mode. c) EMD deposited by the tenderers will not bear any interest to the Contractor. d) The earnest money of the successful tenderers paid through Bankers Cheque / Demand Draft/ Pay order may be adjusted with the Security Deposit payable by him. 18. TENDER OPENING: All tenders submitted to HAL should be in sealed envelope indicating the name of the work, Contract Number and Tender Notice number for which the tender is furnished. The tenderers will be required to keep their offers open upto 90 days without modification. If the tenderer modifies his tender or revokes the same during this period, the tender may, at the discretion of CFA, be treated as non – bonafide and cancelled and earnest money forfeited.


The tenders will be opened at the appointed time and place in the presence of such contractors or their representatives as may wish to be present. The rates quoted by various tenderers will be read by the tender opening officer. The tenders will be opened by a team of officers consisting of the following:- (i) A representative of the Engineering Department.

(ii) A representative of Finance. The Tenderers will fill in rates for all items of the work described in the Bill of Quantities. Items for which no rate or is quoted by the bidder will not be paid for by HAL when executed and will be deemed covered by the other rates and prices in the Bill of Quantities. 19. OPENING OF TWO BID TENDERS AND EVALUATION: Submission procedures in two bid system tendering are explained in the tender notice. Clarification will be obtained from the tenderers on technical aspects through a letter to clarify any deviation vis-à-vis tender requirement. 20. CONDITIONAL TENDERS: a) All conditional tenders / quotes which are in contravention to HAL contract conditions will be rejected unless even without the pre conditions /conditions, the tenders are L1.

b) An undertaking to this effect to be submitted in Technical bid by the tenderers that no conditions are made by them in their price bid/ technical bid.

21. ROYALTIES, TAXES, DUTIES ETC. : a) It will be the responsibility of the contractor to pay all royalties whatsoever whether /arising out of the deeds and actions on the part of the contractor either on HAL’s property or otherwise to the authorities concerned. In case HAL is required to pay such royalties due to failure on the part of the contractor in paying the same, HAL will recover the same from the contractor in a manner as deemed fit by it.

b) Notwithstanding anything contained anywhere in any of the documents under this contract, unless otherwise specifically agreed to by HAL, Avionics Division, Korwa, the contract rate / rates as per this contract, will be deemed to be inclusive of all taxes (Central or State Government), royalties, octroi and duties etc including total service tax(100%) as applicable. An amount equal to 75% of Service Tax will be deducted from RAR’s. The service receiver and provider has to pay service tax in prescribed ratio as given below.

SL.No.

Description of a service

Percentage of service tax payable by the person providing service.

Percentage of service tax payable by the person receiving the service

01

In respect of services provided or agreed to be provided by way of supply of manpower for any purpose

25%

75%

The amount of Service Tax will be calculated based on the formula as given below:- 25% Service Tax =0.25x ( 0.1236 ) xQuoted rate;75% Service Tax=0.75x( 0.1236 ) x Quoted rate 1.1236 1.1236

Note: For Private limited company, 100% Service tax will be withhold from their RAR’s and the same will be released after submission of proof of deposition to concerned authority by the Contractor. In case of any increase in new taxes or introduction of new taxes by enactment of law by the State or Central Govt. after the submission of the tender or during the tenure of contract such increase in tax will be reimbursed to the extent applicable to that contract on production of proof of remittance.

22. NOTICES AND FEES

The contractor will give all notices required by any statutory provision or by the




regulations and/or bye-laws of any local authority and/ or of any public service, company or any Government affected by the work or with whose systems the same are or will be connected. The contractor will pay and indemnify HAL against any fee and charges demandable by law under such Acts, Regulations and/or bye-laws in respect of the work and will make and supply all drawings required in connection with any such notices at his own cost.

23. ORDERS UNDER THE CONTRACT All orders, notices etc. to be given under the contract will be in writing and if sent by registered post to the contractor to any of the addresses given by the contractor or to the last known address of the contractor, will be deemed to have been served on him. The contractor will carry out without delay all orders given to him.

24. RESPONSIBILITY OF CONTRACTOR AGAINST RISKS:

During currency of the contract it will be the responsibility of the Contractor to safeguard all materials (tools, tackles, plant, equipment etc. either issued by HAL or brought by the Contractor), against all losses, damages, on account of thefts shortages, fire or any reasons whatsoever and HAL will not be responsible for loss, damages etc. as aforesaid. The Contractor will solely be responsible for protecting and securing such property.

25. DAMAGES AND LOSSES TO THE PRIVATE PROPERTY AND INJURY TO THE WORKMEN: The contractor will at his own expenses reinstate and make good to the satisfaction of the Manager (Works)/Sr. Manager (Works) and pay compensation for any injury, loss or damages occasioned to any property or rights of HAL or agents, servants and employees of HAL which in any way arising out or in any way in connection with the execution or proposed execution of the contract work will be responsible to bear and pay all compensations whatsoever, which are payable to his workmen either under the Workmen’s Compensations Act or under any labour enactments. The contractor will indemnify HAL against all claims enforceable against HAL or against its servants or employees or which would be so enforceable in respect of such injury (including injury resulting in death), loss or damages to any person, property, whatsoever, including all claims which may arise under Workmen’s Compensations Act or under any of the labour enactments. In case HAL is liable to pay or payable any compensation, as aforesaid, due to the failure on the part of the contractor in paying the same, HAL reserves the right to recover all such amounts paid or payable by HAL from the contractor.

26. ASSIGNMENT OR TRANSFER OF CONTRACT

a) The contractor will not, without the prior written approval of the accepting officer, assign or transfer the contract or any part thereof or any share, or interest therein to any other persons. No sum of money which may become payable under contract will be payable to any person other than the contractor unless the prior written approval of the Accepting Officer to the Assignment or transfer is given. b) The contractor will not sublet any portion of the contract without the prior written approval of the Accepting Officer.

27. COMPLIANCE TO REGULATION AND BYE-LAWS

The contractors will conform to the provisions of any statute relating to the work and regulations and bye-laws of any local authority and of any water/lighting/ Electricity, organizations or undertakings with whose systems the work is proposed to be connected. He will before making any variation from the drawings or the specifications that may be necessitated for such connections, give the Manager (Works)/ Sr. Manager (Works) in respect thereof. The contractor will be bound to give all notices required by statute regulations or bye-laws as aforesaid and pay all fees and taxes payable to any authority in respect thereof.

28. ENCASHMENT OF BANK GUARANTEE: HAL will have full rights whatsoever to en-cash any Bank Guarantee executed under this contract at any time during the validity of the guarantee and the Contractor will have no right or claim whatsoever in the matter of encashment of the Bank Guarantee amount by HAL and any disputes/ claim whatsoever in this regard will only be settled by means of arbitration as provided for in this contract and the decision of HAL as to what amount is due to HAL from the said Bank against the guarantee and as to Contractor has committed breach of contract or not, will be final and binding on the guarantor-bank and the Contractor will have no right to interfere with the


same except to agitate/ claim/ dispute the same before the arbitration and the bank will have full rights in terms of the guarantee to make immediate payments against the Bank Guarantee to HAL without the Contractors consent and without referring the mater to the Contractor. Courts at Divisional Head Quarters will have exclusive jurisdiction for contesting legal cases arising out of encashment of the Guarantee.

29. JURISDICTION OF THE COURT Notwithstanding anything contained elsewhere in this contract, quotations of the contractor or in any other documents whatsoever, for the purpose of jurisdiction, the Courts at Sultanpur in the state of Uttar Pradesh, will only have jurisdiction to try all disputes and differences arising out of or in connection with any matter under the contract.

30. ARBITRATION Except where, otherwise provided for in the contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs drawings to the specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute, the same whether arising during the progress of the work or after the completion or abandonment thereof will be referred to the sole arbitration of the MD / Executive Director/GM and if the M D / Executive Director/GM is unable or willing to act, to the sole arbitration of some other persons appointed by the Managing Director / Executive Director willing to act as such Arbitrator. The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, such Managing Director / Executive Director as aforesaid at the time of such transfer, vacation of office or inability to act, will appoint another person to act as arbitrator in accordance with the terms of the contract. Such person will be entitled to proceed with the reference from the stage at which it was left by his predecessor. Subject as aforesaid the provision of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force will apply to the arbitration proceeding under this clause. It is a term of the contract that the party involving arbitration will specify the dispute or disputes to be referred to arbitration under this clause together with the amount or amounts claimed in respect of each such dispute. The arbitrator (s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The work under the contract will, if reasonably possible, continue during the arbitration proceedings and no payment due or payable to the contractor will be withheld on account of such proceedings. The Arbitrator will be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The arbitrator will give a separate award in respect of each dispute or difference referred to him. The venue of arbitration will be such place as may be fixed by the Arbitrator in his sole discretion. The award of the arbitrator will be final, conclusive and binding on both the parties to the contract.

31. ARBITRATION IN CASE OF DISPUTE OR DIFFERENCE BETWEEN HAL AND ANY OTHER

PUBLIC SECTOR ENTERPRISE OR GOVT DEPARTMENT In the event of any dispute or difference between HAL and any other Public sector Enterprise as well as between HAL and any Govt department relating to the interpretation and application of the provisions of the contracts, such disputes or difference will be referred by either party to the Arbitration of one of the Arbitrators in the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 and amendment thereof will not be applicable to this clause. The award of the Arbitrator will be binding upon the parties to the disputes, provided, however any party aggrieved by such award may make a further reference for setting aside or revision of the award, to Ministry of Law & Justice, Govt of India, within the period as recorded by the Arbitrator in the award for implementation. Upon such reference the dispute will be decided by the Law Secretary / Additional Secretary when so authorized by the Law Secretary, whose decision will bind the parties finally and conclusively? The parties in the dispute will share equally the cost of Arbitration as intimated by the Arbitrator.

32. (A) PENALTY FOR NON PAYMENT OF STATUTORY CONTRIBUTION LIKE WORKMEN COMPENSATION POLICY, PF, SD, AGREEMENT, LABOUR LICENCE Etc: The Contribution such as Workmen policy, PF etc. paid to the respective authorities to be made within the time stipulated; otherwise interest or penalty charged by the respective Authority on such payment is to be paid by the contractor. If the authorities demand, such amount will be




recovered from the payment of contractor which is due from HAL and remitted to the respective authorities.The following penalty clauses will be applicable in case of any default: (a) CONTRACT AGREEMENT: The Contractor will submit the contract agreement on a stamp paper of Rs. 100/- in a prescribed form duly signed within thirty days of issue of Acceptance Letter failing which penalty of Rs. 2500/- per week delay to a maximum of Rs.10,000/- will be levied for delay in submission. Payment will not be released if agreement is not submitted. (b) SECURITY DEPOSIT: The Contractor will deposit prescribed Security Deposit within 30 days of issue of Acceptance Letter to the Engineer-in-Charge of work failing which penalty @ 2 % of security deposit per week or part thereof with a maximum penalty of 25% of security deposit will be levied for delay in submission. The Contractor will not be generally allowed to start the work without submission of Security Deposit unless, otherwise ordered by Engineer-in-Charge in exceptional / emergent works. (c) LABOUR LICENCE: The contractor will obtain labour license from Competent Authority [Central Government] within thirty days of issue of acceptance and submit to the Officer-in-Charge / Engineer-in-charge. The cost of obtaining license i.e. license fee etc., will be borne by the contractor. However Contractor will not generally start work without obtaining valid labour license unless otherwise ordered by Engineer-in-Charge. The contractor will also submit an Indemnity Bond (as per HAL pro-forma) executed on a stamp paper of Rs.100/- indemnifying HAL against all the statutory requirement of the Labour Department.

33. (B) PENALTIES AND RECOVERIES i) In the event of contactor failing to do the cleaning job satisfactorily on any day / days

whole or in part, the company shall give option to make alternative arrangement at the risk and cost of the contractor and the amount spent on this account will be recovered from the security deposit and any other deposits of the contractor. The contractor will be required to restore the services within required time failing which his contract can be rescinded with penalty / fine.

ii) In addition to the recovery mentioned in 33(B) PENALTIES AND RECOVERIES as

above a maximum penalty per day basis not exceeding more than the per day calculated amount from quoted schedule “A” rates, shall be imposed. In case, it is not possible for HAL to take up cleaning etc at the risk and cost of the contractor for some reasons during the period when the contractor is not attending the work fully, 1.5 times (Wage at the time of quote + liabilities) per day rate as per the contract scheduled shall be debited to the contractor.

iii) This penalty will be recovered from claims / bills / security deposit / other claims of the contractor.

iv) If the work is not attended for more than 03 days the contract is liable to be summarily

terminated without any notice if decided by the Management.

v) Deductions shall be made from bills if any item as mentioned in scope of works is not executed accordingly and decision of EIC towards recovery from bill be final and binding on contractor towards non execution of proper works and recovery will be imposed as follows:

a. Sweeping of roads/road berms/ drains/other cleaning works and disposal of garbage as per scope of work should be covered and if required proportionate no. of Hand trolley/tractor trolley trips may be increased. Even though if the area is not found clean as mentioned in the scope of work suitable recovery will be made.

b. Any other works as described in Scope works if not executed properly- recovery will be made based on assessment of tentative manpower required to take up the works will be imposed and same will be binding on contractor.


vi) HAL will not accept responsibility for any debts incurred by the contractor while dealing with HAL employees. However, if any employee suffers as a result of negligence on the part of the contractor (or his employees) all liabilities for damages, costs, charge expenses in this regard shall be lying with the contractor.

vii) The contractor, in addition to the penalty / fine, shall also be responsible to compensate the Management for any liability / liabilities which may fail on HAL under any statutory or otherwise obligation for breach of the terms of the contract.

34. FORECLOSURE OF CONTRACTS

If at any time after acceptance of the tender HAL decides that for any reasons whatsoever, if the whole or any part of the work is not required to be carried out, the Manager (Works)/Sr. Manager (Works) will give notice in writing of the fact to the contractor and upon receipt of such notice the contractor will stop the execution of such work as indicated in the notice forthwith. The contractor will have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not derive in consequence of the foreclosing of the work. He will be paid at contract rates for the full amount of the work executed including such additional work (e.g. clearing of site etc) as may be rendered necessary by said foreclosing. He will also be allowed a reasonable payment (as decided by the Accepting Officer, which will be final and binding on the contractor) for any expenses sustained on account of labour and materials collected, brought to site or for which the contractor is legally bound to accept delivery from the supplies, but which could not be utilized for the work as verified by the Sr. Manager (Works)/ Manager (Works). The amount of compensation payable to the contractor due to foreclosure will be decided by the respective authority. 35. TERMINATION OF CONTRACT:

i) The contract awarded is subject to termination by HAL by giving one month notice in writing to take care of any eventuality.

ii) The contract is terminable without any compensation for breach by the contractor of any of the terms and conditions herein contained or otherwise stipulated in the tender documents/agreement.

(A): CANCELLATION OF CONTRACT FOR CORRUPT ACTS.

i) The accepting officer, whose decision shall be final and conclusive, shall without prejudice to any other right or remedy which shall have accrued thereafter to, HAL may cancel the contract in any of the following cases and contractor shall be liable to make payment to HAL for any loss or damage resulting from any such cancellation to the same extent as provided in the case of cancellation of the contract on the contractor's default.

ii) Other to give or agree to give any person in HAL service and gift or consideration of any kind as and inducement of reward for doing or for bearing to do or for having done for or borne to do any act in relation to the obtaining or execution of this or any other contract for HAL service.

iii) Enter into a contract with HAL, in connection with which commission has been paid or agreed to be paid by him or with his knowledge, unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Accepting Officer with proofs.

iv) Obtain a contract with HAL, as a result of ring tendering or by non - bonafide methods of competitive tendering without first disclosing the fact in writing to the accepting officer.

v) Adopts blackmailing tactics or threatens HAL employees in any form in order to cover up his lapses in discharge of contract obligations.

vi) Involve in writing irrelevant & vague letters beyond contract conditions and disturbing the Company working by doing so persistently, may also debar from future tendering.

(B). CANCELLATION OF CONTRACT FOR INSOLVENCY ASSIGNMENT OF TRANSFER FOR SUBLETING OF CONTRACT:

The Accepting Officer without prejudice to anyone’s right or remedy which shall be




accrued thereafter to HAL, shall cancel the contract in any of the following cases:- If contractor:- a) Being an individual, or if a firm's any partner thereof, shall at any time be

adjudged bankrupt or have a receiving order or orders for administration or his estate made against him or shall take any proceedings, for liquidation or composition under any Bankruptcy Act for the time being in force or make any conveyance or assignment of his effects of composition of arrangements for the benefit of his creditors or support to do so, or if any application be made under any bankruptcy Act for the time being in force for the sequestration of his estate or if a trust deed be granted by him or behalf of creditors.

b) Being a company, shall pass a resolution or the court shall make an order for the liquidation of its affairs or receiver or manager on behalf of the debenture holders shall be appointed or circumstance shall arise which entitle the court or debenture holders or appoint a receiver or manager.

c) Assign transfer sub-lets or attempts to assign transfer or sub-let any portion of the work without the prior written approval of Accepting Officer. Whenever the Accepting officer exercises his authority to cancel the contract under this condition, he may complete the work by any means at the contractor's risk and expense provided always that in the event of the cost of completions (as certified by Mgr (Works) which is final and conclusive) being less than the contract cost, the advantage shall accrue to HAL and that if the cost of completion exceeds the money due to the contractor under the contract the contractor, shall either pay the excess amount ordered by Sr. Mgr (Works) / Mgr.(Works) or the same shall be recovered from the contractor by the other means.

In case the HAL completes the work under the provisions of this condition the

cost of such completion taken into account in deter mining the excess cost to be charged to the contractor under this condition shall consist of the cost of materials purchased and or labour provided by the HAL with an addition of such percentage to cover superintendence and establishment charges as may be final and conclusive.

C. CANCELLATION OF CONTRACT IN PART OR IN FULL FOR CONTRACTOR'S DEFAULT.

If the contractor:- a) Makes default in commencing the work within a reasonable time or the date of

handing over the site and continues to that state after a reasonable notice from Sr. Mgr (Works) / Mgr.(Works).

b) In the opinion of Sr. Mgr (Works) / Mgr.(Works) at any time whether before or

after the date or extended date for completion makes default in proceeding with the work with due diligence and continues in that state after a reasonable notice from the Sr. Mgr (Works) ) / Mgr.(Works).

c) Fails to comply with any of the terms and conditions of the contract after

reasonable notice in writing with orders properly issued there under.

d) Fails to complete the work, work order and items of work with individual dates for completion and clear the site on or before the date of completion or fails to achieve the progress as set out under the general conditions of contract the accepting officer may, without prejudice to any other right or remedy which shall have accrued or shall accrue thereafter to HAL cancel the contract at whole or in part thereof or only such work order or items or work in default from the contract. Whenever the Accepting Officer exercise his authority to cancel the contract as whole or in part under this condition he may complete the work at the contractor's risk and cost provided always that in the event of the cost of completion (As certified by Sr Mgr (Works) ) / Mgr.(Works), which is final and conclusive) being less than the contract cost, the advantage shall accrue to the HAL if


the cost of completion exceeds the mean's due to the contractor under his contract, the contractor shall either pay the excess amount ordered by Sr. Mgr (Works) or the same shall be recovered from the contractor by other means.

The HAL shall also be at liberty to hold and retain in their hands materials tackle machinery and stores of all kinds on site of the contractor as they may think proper and may at any time sell any of the said material, tackle machinery and stores and apply the proceeds of sale in or towards the satisfaction of any loss which may arise from the cancellation of the contract as aforesaid. The HAL shall also be at liberty to use the materials, tackle, machinery and other stores on site of the contractor as they think proper in completing the work and the contractor will be allowed the necessary credit. The value of the material and stores and the amount of credit to be allowed for tackle and machinery belonging to the contractor and use by the HAL in completing the work shall be assessed by the Sr. Mgr (Works) / Mgr (Works) and the amount so assessed shall be final and binding.

In case the HAL complete the work or any part thereof under the provisions of this conditions the cost of such completion to be taken into account in determining the excess cost to be charged from the contractor under this condition, shall consist of the cost or materials purchased and / or labour provided by the HAL with addition of such percentage to cover superintendence and establishment charges as may be decided by the Sr. Mgr (Works) whose decision shall be final and conclusive.

D. TERMINATION OF CONTRACT ON DEATH: Without prejudice to any of the rights or remedies under this Contract, if the contractor

dies, the Accepting Officer shall have the option of terminating the contract without compensation to the contractor.

36. COMMUNICATION OF ORDERS:

Any communication under this contract on any matter whatsoever under the signatures of Manager (Works)/ Sr. Manager (Works) will be deemed to have been issued under the approval of the Accepting Officer.

37. MODE OF PAYMENT TO THE CONTRACTOR Payment to the contractors will be made through RTGS/ NEFT/ Bank transfers mode only. Contractors need to submit all the required Bank details to us along with the tender submitted by them so as to have timely payment /refunds if any to them. The details are to be submitted along with the tender, invariably.

38. TECHNICAL EXAMINATIONS AND OVER PAYMENTS / UNDER PAYMENTS The company reserves the right to carry out post-payment audit and technical examination of the Running/ Final bill including all supporting vouchers, abstracts, etc., the company further reserves the right to enforce recovery of any overpayment when detected, notwithstanding the fact the amount of the running / final bill figures in the arbitration award. If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the contractor or alleged to have been done by him under the contract, it will be recovered by the company from the contractor or if any underpayment is discovered, the amount will be duly paid to the contractor by the company, provided that the aforesaid right of the company to adjust over payments against amounts due to the contractor under any other contract with the company will not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is MINUS bill, from the date of the amount payable by the contractor under the MINUS final bill is communicated to the contractor.

39. LABOUR REGULATION A- COMPLIANCE OF CONTRACT LABOUR REGULATION AND HAL REGULATION:

The contractor will comply with all the provisions under the contract labour (Regulation & Abolition) Act, 1970, its rules made there under, HAL labour regulations and all other




statutory obligations under all the labour enactments and rules. B -CONTRACT LABOUR REGULATIONS:

LICENSING OF CONTRACTORS: Every contractor who employs or employed during the preceding 12 months twenty or more workmen should obtain a license from the competent authority. The validity of license is for 12 months. The contractor should take steps to get the license renewed if the work is not completed within the period of the validity of the license.

C -MAINTENANCE OF REGISTERS OF WORKMEN EMPLOYED BY THE CONTRACTOR The contractor will maintain a register of workmen employed by him in the form-IX framed under the Contract Labour (R & A) Act. And its rules.

D- EMPLOYMENT CARD: The contract will issue an employment card to each workmen employed by him in Form – X under the said Act

E- SERVICE CERTIFICATE : The contractor will issue a service certificate to every workman while terminating the services of any workman in Form-XI under the said Act and Rules.

F- MAINTENANCE OF MUSTER ROLLS WAGE REGISTERS, DEDUCTION REGISTER ETC. The contractor will maintain the following registers and records under the said Act and Rules. - Muster roll - Form – XII - Register of wages - - Form – XIII - Register of deductions - Form – XVI - Register of overtime - Form – XIX - Register of fines - - Form – XVII - Register of Advance - Form – XVIII

The contractors are required to maintain necessary registers and records as may be required as employer under the payment of wage Act 1936 and the rules made there under or the minimum wages Act 1948 or the rules made there under : A combined Muster roll cum wages in form XIV will be maintained by the contractor where the wage period is a fortnight or less. Where the wage period is one week or more the contractor will issue wage slips in Form-XV to the workers at least a day prior the disbursement of wage. Signature or thumb impression of the workers on the wage register or wage cum muster roll as the case may be will be obtained and the entries therein will be authenticated by the initials of the authorized representative of the principal employer. G- RETURNS Every contractor will send a half yearly return in Form – XX (in duplicate) to the Licensing Officer within 30 days form the close of the half year. H- WELFARE FACILITIES TO THE CONTRACTOR’S LABOUR :

The contractor is liable to provide: a) Sufficient supply of wholesome drinking water.

b) Sufficient number of urinals and latrines c) Washing facilities d) First-aid facilities e) Rest rooms where the contract labour is required to half at night. f) Canteen where the number of contract labour employed by the contractor is 100 or more. g) Crèches in case 20 or more female workers are employed by the contractor.

I- WAGES:

a) The contractor will fix the wage period and the wage period so fixed will not exceed one month. b) The wages will be paid within three days from the end of wage period where the wage period is one week or a fortnight and within 7 days where the contract labour employed is less than 1000 and within 10 daysof the expiry of the wages period where the strength of the contract labour is 1000 or more. c) Where the services of a contract labour are terminated by or on behalf of the contractor, wages due to him will be paid before the expiry of two days from the termination of services. d) All payments or wages will be paid to the worker direct or to his authorized representative in current coin or currency and during the working time and on a date notified in advance to the contract labour and the principal employer. In case the work is completed before the expiry of the wage period final payment will be made within 48 hours of the last


working day. e) Wage will be paid to contract labourers by sending their payment in their bank account of SBI Korwa and the contractor there after will submit a proof of depositing the wages to EIC.

f) The rates of wages payable to the workmen will not be less than the rates prescribed under the minimum wages Act where applicable and where the rates have been fixed by agreement, not less than the rates so fixed. J- EMPLOYEES P.F. AND FAMILY PENSION ACT:-

a. The provision of the EPF Act and scheme framed hereunder are applicable to the contract labour engaged for the work. They are also entitled to Employees Family Pension Scheme. Every contractor will within seven days of the close of every month submit to the principal employer a statement showing the recoveries of contribution in respect of employees employed or through him and will also furnish to him such information as the principal employer is required to furnish under the provisions of the scheme to the commissioner.

b. The contractor will recover the contribution payable by eligible contract labour and will pay to the principal employer the amount to member’s contribution so deducted together with amount of contribution (contractor’s contribution ) and also administrative charges. c. The contractor will register under the Employees Provident fund and Miscellaneous Act 1952 and submit the copy of the certificate to HAL.

K- FACTORIES ACT :- a. The provisions of the Factories Act are applicable to the contract labour to the extent they are not in conflict with provisions of the contract labour (Regulation and Abolition) Act where no such provisions exist in the later statute. The provisions of Factories Act that are applicable too contract labour are given below :

b. ANNUAL LEAVE WITH WAGES :Every worker who has put in 240 days work in a calendar year is entitled for leave with wages during the subsequent calendar year. i. One day for every twenty days of work in the case of an adult. ii. One day for every fifteen days of work in the case of a child. He will also be entitled to

wages during the leave period. c. WEEKLY HOURS : No adult worker will be allowed to work more than 48 hours in a

week. d. The first day of a week will be holiday unless a worker has or will have a holiday on

one of the three days before or after the weekly holiday. e. COMPENSATORY HOLIDAY:If a worker is deprived of a weekly holiday, he will be allowed compensatory holiday within the month or within the two months immediately following that month during which he has been deprived of the weekly holiday.

f. DAILY HOURS : No adult worker will be allowed to work more than 9 hours in a day.

In the case of child who has completed his 14 years the daily working hours should not exceed 4 ½ hours.

g. INTERVALS FOR :The period of work will be so fixed that a worker will have rest period of ½ hours after a period of 5 hours continuous work. h. SPREAD OVER The total period of work of an adult worker including rest period will not exceed 10 ½ hours in a day.

i. EXTRA WAGES FOR OVERTIME: Where a worker works for more than 9 hours in a day or more that 48 hours in a week, he will be paid in respect of the overtime work twice his ordinary rate of wages.

j. RESTRICITION ON EMPLOYMENT OF WOMEN: No female worker will be employed except between the hours of 6 AM and 7 PM and their daily working hours should not be more than 9 hours.

k. PROHIBITION OF EMPLOYMENT OF YOUNG PERSON: Children who have not completed 14 years will not be allowed to work.

l. RESTRICTIONS ON EMPLOYMENT OF NON-ADULT WORKERS: A Child who has completed his 14th year or an adolescent (a person who has completed his 15th year of age but has not completed his 18th year) will not be allowed to work unless the contractor is in custody of fitness certificate to work granted by the certifying surgeon and the child / adolescent carries while he is at work a token giving reference to such certificate.




L- MATERNITY BENEFIT ACT:

The provision of this Act are applicable to female contract labour. The benefits to be provided by the contractor under this act are: a. Maternity leave – (6 weeks immediately following the day of the delivery or her

miscarriage and 6 weeks immediately preceding her delivery or miscarriage). b. Payments of maternity benefit –wage during maternity leave period. c. Leave for illness arising out of pregnancy. d. Nursing breaks etc.

M- EMPLOYEES COMPENSATION ACT : Contract labour whose employment is not of causal nature and employed for the purpose of the business or trade of the contractor are entitled to the benefits under the Act.

N- INSPECTION OF REGISTERS: The contractor will allow inspection of the wage book, the wage slips and the register of fines and deductions to any of the workmen or to his agent at a convenient time and place after the due notice.

O- HAL LABOUR REGULATIONS:

In these regulations, unless otherwise expressed or indicated the following words and expressions will have the meaning hereby assigned to them respectively, that is to say:

i. Labour means workers employed by contractor directly, or indirectly through a sub-contractor or other person or by an agent on his behalf on HAL work referred to in the contract.

ii. “Fair wages” means wages whether for time or piece work notified at the time of inviting tenders for the work and where such wages have not been so notified, the wages prescribed by the Sr. Manager (Works)/ Manager (Works).

iii. Contractor’s will include every person whether a sub-contractor or headman or agent, employing labour on the work taken on contract.

iv. “Wages” Will have the same meaning as defined in the payment of Wages Act and includes time and piece-rate wages.

P- FAIR WAGES: a. The contractors will pay not less than the “Fair Wages" to labourers engaged by him on work. “Fair Wages” means whether for time or piece work notified at the time of inviting tenders of the work and where such wages have not been so notified, the wages prescribed by the Manager (Works)/Sr. Manager (Works) for the stations at which the work is done. b. The contractor will, not with standing the provision of any contract to the contrary, cause to be paid a “Fair Wages” to, labourers indirectly engaged on the work, including any labour engaged by his subcontractor in connection with said work, as if the labourers had been directly employed by him. c. In respect of all labourers directly or indirectly employed in the work for the performance of the contractor’s part of this Agreement the contractor will comply with cause to be complied with Labour Regulations in regard to payment of wages, wage period, deduction from wages, recovery of wages not paid and deductions unauthorized made. Maintenance of wage book, wage slips, publication of scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of like nature. d. The Sr. Manager (Works and Services) will have the right to deduct from the money due to the contractor any sum required or estimated to be required for making good the loss suffered by the worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of the workers non-payments of wages or of deductions made from his or their wages which are not justified by the terms of the contract or non-observance of the Regulations. e. Via-a-via the HAL the contractor will be primarily liable to all payments to be made under and the observance of the Regulation aforesaid without prejudice to his right to claim indemnity from his sub-contractors. f. The regulations aforesaid will be deemed to be a part of this contract and any breach thereof will be deemed to be breach of this contract.

Q- DISPLAY OF NOTICES REGARDING WAGES: The contractor will: i. Before he commences his work on the contract, display and correctly maintain in a clean and legible condition in conspicuous places on the work notices in English and Local Indian


Language spoken by the Majority of the workers, giving the rates of wages which have been certified by the Sr. Manager (Works) as fair wages and the hours of work for which wages are earned. And send a copy of such notices to the certifying officer. R- POWER OF HAL OFFICERS The Labour Welfare Officer of HAL or any other persons authorized by the HAL on their behalf will have power to make enquiries with a view to ascertaining and enforcing due and proper observance of the fair wages clauses and the provision of these Regulations. He will investigate into any complaint regarding the default made by the contractor / sub-contractor in regard to such provisions. S- ENTRY AND EXIT OF CONTRACTORS LABOURS: The contractor will regulate the entry and exist of his labourers every day in the Factory premises after declaring all the particulars of the Labourers only as per the instructions of HAL Management. 40. DAMAGE TO PERSONS AND PROPERTY: The contractor will be responsible for all injury to persons animals or things and for all structural and decorative item, damages to property which may arise from the operation or neglect of himself or of any nominated sub-contractor or any employees of either, whether sub injury or damage arises from carelessness, accident or any other cause whatsoever in any way connected with the carrying out of this contract. This clause will be held inter-alia, any damage to roads, streets footpaths, as well as all damages caused to the Buildings and work forming the subject of this contract by rain wind or other inclemency of weather. The contractor will indemnity the HAL and hold it harmless in respect of all and any expenses arising from any much injury or damage to persons or property as aforesaid and also in respect of any claim made in respect of injury or damage under any act of any legislature or otherwise and also in respect of any award of compensation or damage consequent upon such claim. The contractor will reinstate all damage or every sort mentioned in the clause, so as to deliver up the whole of the contract works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to the property of third parties. The contractor will indemnify the HAL against all claims which may be made against the HAL by any member of the public or other thirty party in respect of any thing which may arise in respect of the works or in consequence thereof and will at his own expense arrange to affect and maintain, until the virtual completion of the contract. The contractor will also similarly indemnify the HAL against all claims which may be made upon the HAL under the workman’s compensation Act or any other status in force during the currency of this contract or at common low in respect of any employee of the contractor or any sub-contractor and will at his own expenses effect and maintain, until the virtual completion of the contract the contractor against such risks.




GENERAL CONDITIONS 0F CONTRACT (Part-II)

1. SIGNING OF CONTRACT The Contractor shall execute an agreement on stamp paper of Rs. 100/- after the tender is accepted and before commencing of the work or within 30 days after acceptance of work, whichever is earlier. 02. CONTRACT CONDITIONS: (i) The work under the contract shall commence from the date ordered upon for a period of

One year. (ii) This contract shall be governed by the general and other conditions of the contract,

beside the scope and specifications of work. (iii) The contract shall protect the interest of the company and also shall not render the

service of poor quality. (iii) The rates, once finally agreed by both the parties, i.e. the contractor and the Management, shall be applicable for a period of one year. During this period of one year, the management only shall have the right to terminate the contract without assigning any reason whatsoever.

(iv) In case of exigencies, if the HAL Management intends to extend the contract, the same will be binding on the contractor and such extension will not exceed three months period. The terms & conditions of extended contract will remain same.

03. RATE (i) The Tenderers should quote the lump sump Service Charge all inclusive on monthly

basis for complete and satisfactory sanitation & allied services executing all items to the satisfaction of Engineer-in-charge and as per work described in scope of work and necessary for efficient execution of the contract, which include, minimum quantity of cleaning materials to be used per month and tools as detailed at Page –41 & 42.

(ii) The rate quoted shall also include all statutory liabilities towards payment of minimum

wage, P.F, Leave, Gratuity / Closure compensation as applicable, medical facilities as per Contract Labour Rules & Factory Acts, and accidents claim, etc as given at Para – 3 of Page – 35 under the Heading: Contractor’s Obligation. The payment / segments of payment, which will not be disbursed to workmen by the contractor for whatsoever reason, the same will be retained / recovered from the contractor.

(iii) In the event of a tender being submitted by a partnership firm, the tender must be signed

separately and legibly by each partner or member of the firm or a person holding the power of attorney on behalf of the firm concerned. In later case a copy of the power of attorney duly attested by Notary Public must be accompanied with the tender.

(iv) The Tenderers may visit the work site before tendering their rates by contacting the

Manager (Works)/his representative between 0900 hrs. to 1600 hrs. on any working day to acquaint himself with areas, local working conditions and other features under which the contract is to be operated etc, if they so desire.

04. EQUIPMENT, MATERIAL AND STORAGE (i) The contractor has to use his own all necessary equipment, tools and implements

required for this work like carts, Hand trolley, Wheel Barrows, Ladders, Buckets, Spades, Mops, Banister, Brushes and any other tool etc as may be required. A list of minimum tools suggested by the Department is placed at Page – 42 but just for guidance. The tools and equipments are required at site within 15 days from the date of issue of acceptance letter.

(ii) The contractor has to use his own cleaning materials like Brooms, Brushes, Soaps,

Detergents, Soda, Disinfectants Phenyl (Modified black fluid) antiseptics, Deodorants,, Dusters, Cloth, Saw dust or any other materials required for this work and also as directed by the authorized representatives of the Company. A list of minimum requirement of items is placed at Page – 42 for guidance of the contractor. Necessary deduction shall be made if minimum quantity is not inducted every month.

(iii) Water required for washing / cleaning purpose can be used from factory taps free of cost.


a) The contractor has to store his materials and equipments at his own risk. Company is fully indemnified against any loss, breakage or theft thereof. Contractor shall keep HAL fully indemnified against any claim in this regard.

b) The space for temporary store/office shall however, be provided to the contractor for this purpose free of cost for contract tenure only.

05. STAFF: (I) The contractor should employ minimum 18168 mandays per year manpower. This

includes 966 mandays per year of Supervisors and Plumber payable at semiskilled rates and 17202 mandays per year at unskilled rates. Contractor shall employ workmen such as Sweepers, Janitors, Supervisors, Mates, Plumbers and other tradesmen required for his work on his own account and responsibility. The contractor shall observe the provision of the Employment of Children Act, 1938 with upto date amendments and also Laws & Acts governing employment of labour under contract etc. The contractor would be solely responsible for observance of all the Laws applicable for any prosecution or liability arising from the employment of the Staff by him.

(ii) The Contractor/or his authorized representative shall be available every day for taking day to day instruction and getting the work done. The contractor shall make sure that he or/ and his authorized representative are available during working hours for receiving and implementing the instructions. The contractor at the time of signing the contract agreement, shall intimate the department in writing the name of his authorized representative with power of attorney and shall give an undertaking that his authorized representative is competent to receive and implement the instructions of the Department and also make necessary purchases at short notice whenever required in case the contractor is absent for extreme reasons beyond his control.

(iii) The contractor and his staff should follow the Company’s Security Regulations in force and as amended from time to time. Either the contractors will take suitable action including summarily termination and / or penal or legal action for breach of company’s security regulations or his staff and company’s decision in such matters shall be final and binding on all concerned.

(iv) The contractor shall for himself and for his staff, be held personally responsible for his and their conduct and liable for consequential action against his and his staff involved in any guilt or offence.

(v) The contractor and his staff shall also come under the purview of law of the State, Union

and Defence Rules and liable to be dealt with suitably in the event of infringement of any of them.

(vi) The company shall be exempted from all the liabilities whatsoever created / under Workmen’s Compensation Act in respect of any injury suffered by the workers employed by the contractor or his workmen.

(vii) The employment of Contractor’s Staff is subject to such statutory obligations as are mentioned at Para – 3 on Page -38 under the Heading “Contractor’s Obligations”.

(viii) a) The contractor is to ensure output by his workmen for 08 (eight) hours per day or shift working.

b) The Contractor will maintain necessary records in the pro-forma wherever directed by Engineer-in-charge of Civil Engineering Department for their workmen deployment.

c) The contractor will keep registers (as a check in support) and take User's signature for discharge of contract responsibilities with respect to sanitation standard from different user of factory area as mentioned in the scope of work. Engineer-in-charge's directions in this regard shall over-ride with respect to acceptability of the work.

(ix) The contractor will employ labour in sufficient number to maintain the required rate of progress and of the quality required to ensure workmanship of the degree required by the specifications and to the satisfaction of the Engineer-in-charge. The contractor will remain liable for the payment of all wages or other moneys to his work-people or employees under the payment of wages Act, 1936, Employer’s Liability Act, 1938, Workman’s Compensation Act, 1923, or any other Act or enactment relating there and rules framed there under from time to time. The contractor will work only on and during the hours or working day, unless he obtains the prior written approval of the Engineer-in-charge to do otherwise. If such approval is given no liability in respect of any excess cost arising there will be incurred by HAL. He will not work at night or on weekly holidays (as declared previously by Engineer-in-charge).




06. REPORT The contractor / his representatives should report daily to the Sanitary Inspector or any

other officer authorized by Manager (Works) and produce a book for taking day to day instructions verbally or in writing as may be necessary. He shall be the officer-in-charge / supervisor to supervise this contract. The contractor / his representatives should approach the officer-in-charge if he needs any instructions, help or has any difficulties. The contractor / his representatives (other than sanitation labour & supervisors) should all the time be available at work site during the course of work.

07. PAYMENTS

i) Payment for each Calendar Month will be made on presentation of bills to Civil Engineering Department supported with Labour Attendance & after making payment to his labours in the 1st week of every month and details of P.F. remittance for labour engaged other than previous contract labour who have PF account in EPF trust HAL Korwa. The P.F. contribution of employees which are taken from previous contractors including contractor’s contribution will be deducted at the time of making payment against the monthly bill and will be remitted to P. F. Accounts directly by HAL’s Finance department. In addition to P.F. Contribution the amount of gratuity will also be deducted at source and retained by the company @4.81% of the wages of the staff as applicable. The contractor will produce original documents providing discharge of all other statutory liabilities, which will be verified by the EIC & HR department. Leave records of all contractor’s employees shall be maintained by the contractor and produce on completion of every Twelve months of the contract. EDLIS will be deducted from the monthly bills of the contractor and the rate of P.F. and EDLIS deduction will be followed as per Government notification only.

Note:- Computerized P.F. deduction statement is to be furnished by contractor along with the

monthly bills. Also computerized pay slips are to be given to workers along with the payments. The PF of workmen which to be deposited in PF Office (Other than HAL PF Trust account payee workmen), the contractor shall submit a copy of the details of Individual PF issued from PF office for the respective Financial Year / contract tenure.

ii) The company’s accounts department will arrange payment of the contractor’s bill by ECS/ E-payment/ cheque on the State Bank of India, HAL Branch, Korwa, Amethi. The contractor however shall submit his monthly bill to Civil Engineering Department for ver ification.

iii) An amount of 5% will be deducted from the running bills of the contractor every month as retention money so as to cover the unforeseen risk. However, the contractor will be responsible for fulfilling the statutory obligations under various Labour Laws. The management, however, reserves the right to increase / decrease the percentage of retention money to the extent necessary. In case contractor delays or fails to disburse payment towards statutory liabilities timely, HAL can disburse on contractor’s behalf out of this amount or any other amount due to the contractor and a fine will be imposed on the contractor for his failure / negligence.

iv) The Security Deposit will also be refunded to the contractor on satisfactory completion of the contract and after he has fulfilled all his legal / statutory obligations towards his staff and clearance of all the legal dues and producing proof thereof.

V) If contractor fails to disburse the wages of workmen by 1st week, HAL may disburse the wages to workmen, keeping in view of IR aspect and same will be deducted from the contractor bills and penalty for not disbursing the payment in time will be charged @ Rs.1,000.00 (Rupees one thousand) per day for delayed period i.e from 8th day of month to payment date.

VI) The Contractor shall disburse the monthly wages by 1st week and submit the monthly bills along with required documents such as Attendance register, Payment proof, PF statements, paid leave if any, etc latest by 10th of every month, failing to which penalty for PF and other statutory, will be deducted from the contractor bills / any dues and


contractor will be sole responsible for the same. VII) If the contractor will consistently delaying the payment of workmen, HAL reserves the

right to foreclose the contract and may also debar the Contractor from the future tendering.

VIII) The contractor shall ensure to submit the final bill within three month from the date of completion of contract after disbursing all the statutory dues / payment to their workmen e.g. leave , closure compensation etc., failing to which necessary penalty will be imposed as per discretion of EIC.

IX) Payment Mode:

a) The payment shall be made only through Electronic Fund Transfer mode / ECS. b) The vendors / contractor has to accept payment only through Electronic fund

Transfer mode by opening their account with IFS Coded Bank/Branches participating in NEFT/RTGS.

c) The Payment through Electronic fund Transfer made shall be mode mandatory in future and the vendors / contractors are required to furnish their detail to the Bills payable department of finance as per the attached E-Payment format.

d) The charge levied by the sponsor bank is in line with bank wise charge as notified by RBI and same shall be recovered from the beneficiary.

X) The Contractor shall submit the monthly bills to Civil Engineering Department for Checking and forwarding to Finance department through HR Department. The Contractor / his authorize representative must sign the bills containing all payment & recoveries details. The Computer generated payment statement will be given along-with each monthly bills paid as per Company format only. In case of any discrepancies, he shall approach to Civil / Finance department for clarifications.

XI) TDS certificate will be issued annually at the end of financial year.

08 . COMPENSATION:- For any loss or damages caused to HAL property by the contractor or his staff / workmen, the contractor shall be liable to pay compensation as directed by the company.

09. (a) If the contractors fails to start the work after issue of acceptance letter, EMD will be

forfeited and also necessary action as deemed fit shall be taken such as debar / blacklisted from future tendering etc.

(b) Also in the event of the contractor fails to continue the work as per agreement, the security

deposit shall be forfeited and also work shall be got done at his risk & cost. 10 .AMENDMENTS TO TERMS AND CONDITIONS:

The company reserves its right to make addition / alteration to and / or to amend / alter the terms and conditions of this tender and the resultant contract without basically affecting the core of the tender / contract.

11. That over any dispute or difference between the parties with respect to the agreement during the continuance of the agreement or after its termination arising out of this agreement or in relation there to or regarding interpretation of any clause there to, shall be referred to the Executive Director HAL Korwa, Division for final decision & second party has to agree to this, knowing that the Executive Director is company’s principal officer and his decision in the matter shall be final and binding on the parties.

12. OTHER CONDITIONS

i) Before quoting his rates for the work, the Tenderer may inspect the site of work and the places of cleaning and should satisfy him self about the nature and scope of the work to be executed. In every case, the materials to be used shall be got approved from the officer-in-charge, Sanitation, before they are used on the work. The HAL will not, however, after acceptance a contract rate pay any extra charge for any other reason in case the contractor if found later on to have miss judge the nature and




scope of the work as also availability of materials.

ii) The Tenderer shall not alter scope and specification of work including Schedule ‘A’ of his own. The Tenderer should not also add any conditions of their own. The Tenderers not complying with these conditions, their tenders are liable to be rejected

iii) The specifications herein enclosed shall be followed for all items of work. Wherever

the specifications are silent or not clear, the instructions of the officer-in-charge shall be followed and be final.

iv) The Engineer-in-charge, sanitation, reserves the right to deviate either by addition or

by deduction after awarding the work provided the total variation does not exceed the prescribed limit.

v) The rate quoted by the Tenderer shall include full scope of work as per specifications,

other conditions enumerated at Page 31 to 39 and full satisfaction and instruction of the Engineer-in-charge, sanitation.

vi) Sanitation activities will be carried out on all weekdays including Sundays & Holidays

except national Holidays in shift timings of the factory. vii) Sufficient quantities of cleaning materials such as Vim, Banister, Brushes, Mops,

Glass cleaning liquid, including phenyl liquid Naphthalene balls for urinals etc as may be required for the work should be used on the direction of officer-in-charge, Sanitation and sufficient stock should be available at the site for inspection from time to time.

viii) The material brought by the contractor shall be checked by the sanitary inspector or

any authorized representatives of the company and entered in Security at gate. The minimum quantity as list on Page No. 38 will have to be supplied buy the contractor every month failing which double the recovery of cost material not supplied shall be recovered. However if more materials are required for some occasion or more quantities of a particular item is required in month, the excess value of such materials can be adjusted in the next month. The last date for supply of materials is 15th of every month. If 15th is holidays subsequent working days is last day. For delay in supply of materials Rs. 500/- per day shall be deducted. The materials shall be got entered in security before keeping in store.

ix) The contractor shall be liable to provide canteen facility like tea & snacks, twice a

day to his workmen as per factory norms including Sundays and Holidays. Facilities can be availed from company canteen on payment basis. The contractor shall submit a undertaking along-with monthly bills from the workmen deployed that they have availed the tea & snacks facilities for the respective months. In case contractor fails to provide such said facilities, tentative amount towards the same will be withhold / deducted from the running bill at the prevailing canteen rates.

x) The contractor shall also be liable to arrange / to provide one no. bath soap Lifebuoy

/Lux (Medium size) and one no. washing soap Rin / Wheel (Medium size) per month to all engaged sanitation labours, failing to which double the cost of soaps will be recovered/with held from the monthly bill and will be released after submitting the proof for the same. The contractor shall produce proof for the disbursement of soaps to workmen engaged along-with monthly bills.

xi) The Company reserves at its sole discretion the right to accept or reject any tender,

irrespective of the fact whether a tender is higher or lower one without assigning any reasons thereof.


xii) All tender notices etc to be given under the contract shall be in writing, type script or printed and if send by registered post to the last known place of above or business of the contractor shall be deemed to have been served on the date where in the ordinary course of post it would have been delivered to him .The contractor shall carryout without delay all order given to him.

xiii) If the Headquarters of the successful Tenderer are elsewhere other than the place of work, he shall have duly authorized representative at the place of work from the commencement of the work until it is fully completed. Such representative shall be authorized to act on behalf of the successful Tenderer to operate and execute terms of contract.

13. Secrecy:- a) The contractor shall take all steps necessary to ensure that all persons employed on

any work in connection with the contractor have noticed that Indian Official Secret Act 1923 (IX of 1923) applies to them and will continue so to apply even after the completion of such works under the contract.

b) Contract documents: - The contract is confidential and must be strictly confined to the

contractors own use (except so for as confidential disclosure to sub contractors or suppliers i.e. necessary) and to the purpose of the contractor.

c) Contractors representatives Agents servant and Work men :- The contractor shall

employ only Indian nationals as his representatives, agent, servant and workmen and verify their antecedents and loyalty before employing them for the work .He shall ensure that no person of doubtful antecedents and nationality is in any way associated with the works , if for reasons of technical collaboration or other consideration the employment for the any foreign national is unavoidable the contractor shall furnish full particulars to this effect to the Accepting officer at the time of submission of his tender .The Executive Director HAL shall have full power and without giving any reason to require the contractor immediately to cease to employ in connection with this contractor any representative, agent, servant, workman or employee whose continued employment is in his opinion undesirable. The contractor shall not be allowed any compensation on this account.

14. Accidents to Workers Employed by the Contractor:-

While executing the work under the contract in case workers engaged by the contractor meet with accidents, may be minor or major, the contractor’s representative at the site should invariably intimate the name of the accidents, nature of injury, date and time of accident, nature of job assigned to the worker, place of work, rate of wages per day, total service with the contractor as on the date of accident, precaution taken, permanent / present address etc to the Ch Mgr. /Sr.Mgr/Mgr/ Engineer –in-charge . In case the accident is fatal on or likely to be proved fatal or sustain major injuries the contractor or his representative at site should inform telegraphically to the following authorities immediately within 2-3 hours from the time of occurrence of such accident.

a) The Inspector of Factories, Faizabad b) District Magistrate, Amethi c) A copy of the intimation should be sent by the contractor to the following authorities:.

i) The Police Station, Munshiganj, Amethi ii) The Industrial Relations Officer, HAL Korwa Division iii) The Chief Manager (HR), HAL Korwa Division

The contractor is liable to pay and settle all claims arising out of such accident as per statutory provisions. HAL can withhold the payment of bills payable to the contractor to the extent of claim for compensation pending /not settled in respect of such accident of the workers engaged by him. In case of any failure on the part of the contractor to comply with above conditions the HAL reserves the right to take appropriate action as deemed fit.

15. Security and Passes etc. (a) Engineer –in-charge shall at his discretion have the right to issue daily token passes to control the admission of the contractor ,his agents ,servant and work people to the site of




work or any part there of. The contractor shall on demand by the E.I.C. submit a list of he personals concerned and shall satisfy the E.I.C. as to bonafide of such people. Token passes shall be returned at any time on demand by EIC. (b)The contractor and his work people shall observe all the rules promulgated by the authority controlling the area in which work is to be carried out i.e. prohibition of smoking and lighting fire or precautions, search of persons and for vehicles on entry and exist keeping to specific routes observing specified timing etc. No extra payment shall be admissible for any men house etc lost on this account. c) This clause shall be applicable only to areas where security conditions are in force .The contractor shall ascertain the actual position from Mgr.(Works) / SM(Works). Even where no security conditions are in force, contractor transport and labour shall follow routes indicated by the engineer –in –charge. d) The Contractor shall ensure issue of daily token to their workmen for entry into and deposit the same daily as per Security Norm of Company.

16. Deployment of Workmen / Labour under contract:-

i) The contractor is bound to employ only Indian Nationals after due Police verification and shall be responsible for their acts and behavior. Contractor shall have to produce a copy of Police verification report of each labourers employed by him immediately at the time of engagement otherwise such workmen should be removed failing which penalty as deemed appropriate would be imposed.

ii) If the Contractor misbehaves with HAL employees/officers, his contract will be liable to be cancelled with damages. In case the Contractor's workmen misbehave, he shall remove them from his employment for future.

iii) The workmen / labour engaged under this contract shall have police verification and Character certificate from Gram Pradhan, Sabhasad, MP, MLA etc and shall be capable to perform the works as specified.

iv) The mandays deployed per day shall be calculated on monthly basis and subsequently on daily basis. The mandays to be deployed on Sundays & holidays, shall be decided by Engineer-in-Charge / Officer- in-Charge keeping in view of necessity of work. The contractor shall take permission in writing to depute the mandays on Sundays / holidays.

v) The PF of workmen / labour deployed (other than HAL PF trust payee labour) shall be deposited to Regional PF office and copy of same shall be enclosed along-with monthly bills. The workmen shall also be entitled to terminal benefit such as retrenchment / closure compensation @ 15 days wages for each completed year of service or any part thereof in excess of six months in addition to one month wages in lieu of notice.

17. The documents issued to the Contractor are secret and should be held in strict confidence and will be kept in safe custody. The information contained in the documents shall not be divulged to any other part / person. The Contractor is solely responsible to prevent any possible pilferage / misuse of the documents. 18. The Contractor will take adequate steps to ensure proper upkeep and safety of documents and equipment / furniture while in his custody. The Contractor shall provide indemnity bond to HAL to cover cost due to any loss or damage whether direct, indirect or consequential as may be of the original documents / equipment / furniture is not acceptable and will be viewed seriously, besides levy of damages / cost of damages/repair/replacement from the contractor. 19. The contractor is responsible for the safety of his equipments. 20. Safety of contractor’s representatives shall be the sole responsibility of the contractor. 21. The personnel engaged by the contractor shall strictly observe the safety rules of the company while handling the material /equipment and execution of work.


SCOPE OF WORK – TOWNSHIP SANITATION & HOUSEKEEPING (A): For Schedule - `A' Item No. 01 All the welfare building such as Guest House and Club, Field Hostel, Bachelor’s hostel, Guest House Annexees, VIP cottage, Community Centre, Green Haat, Shopping Centre (Passage) Varanda and Toilet, School Building, Swimming Pools and other amenity and Public Building. Type – C Houses occupied by Russians. Play grounds, Nursery, Lake, Duck cage at lake area, Township Parks, Sub – stations and Kalyan Mandap, Heritage centre, Auditorium etc shall be maintained in neat and clean conditions keeping high standards of hygiene and sanitation & housekeeping by following operations required to ensure the above:- i)Floor shall be swept with banister brush and also be mopped with cloth at once a day and more that once as and when required. ii)Window glass panes, doors, shall be cleaned with glass cleaning liquid once a fort-night. iii) Railing, staircases and projection shall be cleaned with cloth / broom. The walls can also be got washed whenever required with soap / cleaning materials. iv)Cob – webs from corners, ceiling, walls etc. shall be removed as and when they appear. v)The floor of the toilet shall be washed daily with approved phenyl. The porcelain fixture shall be cleaned with vim powder. Naphthalene balls shall be kept in urinals. The toilet floor shall always be maintained in dry conditions after washing/mopping. Cleaning of toilet also shall be done once a day and more than once as and when required. The deployment in School Toilet for Nursery children should be such the same should be cleaned number of times all day. 02.Common staircases of Type- A, B, C & D houses shall be swept once a week or as and when required with broom, cobwebs removed as and when appear. 03.Refuses and garbage shall be collected once a day from dustbin and shall be disposed off in garbage pit located at low lying areas in township as per direction of Officer-in-charge. Bio – Medical waste of Dispensary will be burnt in incinerator located behind Dispensary. Engaging hydraulic Tractor Trolley / LCV, 302 days (Three hundred and Two) times with minimum 05 trips per day and as and when required in a year for disposal of debris / building materials, garden waste, garbage of the houses lying on the road patteries or on other side of drain shall also be collected and disposed off all complete as per direction of Officer-in-charge. The contractor shall engaged 1driver & 4 workman (minimum) for lifting of garbage along with tractor trolling and shall ensure that min. 5 trip of garbage shall be lifted from the township premises. 04. Surroundings of public buildings shall be cleaned and garbage etc. shall be collected and disposed off in low-lying areas in township as per direction of Officer-in-charge. 05. All the areas of roads, footpaths, approaches to houses, walking ways shall be swept satisfactorily. 06.Drains shall be cleaned once in a month and even more if required for ensuring smooth flow. 07.Complaint of chokage of waste pipes, gulley traps, manholes, washbasins, sewer lines of all houses and public buildings in township shall be attended immediately. 08. Road side berms of both the colony should be kept clean by engaging labourers all the time and at all season. This cleaning includes cutting of vegetation and its disposal at low-lying areas by any mode of transport without affecting the normal functioning of sanitation & housekeeping and also leveling of the area where the cutting of vegetation has been done.The contractor is also required to engage tractor with hydraulic trolley (auto lifter) with capacity approx 100 CFT min,302 days in year’. The contractor shall engage 1drive & 4 workman (min) for lifting of garbage along with tracker trolling and shall ensure that min. 5trips of garbage shall be lifted from the township premises. 09.Roofs of all residential/amenity/public buildings shall be cleaned twice in a year and removal of debris, fungi and rank vegetation growth (if any) or any other waste material shall be disposed off accordingly at low lying area and also residential building roof shall be cleaned as and when ordered. 10. MISCELLANEOUS WORK A)Dead animals shall be collected and disposed as directed and the place of dead animal should be cleaned with bleaching and phenyl immediately.




B)Stray / lunatic dogs shall be caught and removed from township premises 12 times in a year at the 30 days intervals. It must be ensured during catching that no dog should die due to mishandling of the process. All the expenses on this account shall have to be borne by the contractor. The caught dogs shall be released to a distance not less than 40 Kms from HAL Korwa. This should be strictly ensured by the Contractor that no stray dog is seen within the campus Rs.7500/- shall be deducted in each case if the work is not done satisfactorily. In addition to above work will be got done by any available party and expenditure incurred shall also be deducted from the bill of the contractor. C)The Contractor will dismantle and remove IWC seat & P-trap, replacing S.W. pipe wherever ordered for replacement and help Mason in fixing seat. D)Cleaning of Kitchen gallery in A-type old colony to be done wherever ordered. E)The work includes operation of incinerator at Dispensary and collection of Bio – medical waste from Dispensary and removal of residual after burning and disposing the same at appropriate place inside campus. F)The vacant quarters newly allotted Temporary/Permanent shall be cleaned along with the Toilets. G)Cleanliness to be maintained both the sides of Main Entrance Gate (1) & (2) along the State Main Road on requirement basis. H)Cleaning of roofs of residential & welfare buildings along with the removal of Rank vegetation shall be done twice in a year. 11.AREAS TO BE COVERED i)The contractor has to engage sufficient manpower to carryout the work as described in the scope of work and to maintain the cleanliness etc. of the areas specified at Page No. 52 in consultation with Civil Engineering Department. ii)In case, the work suffers due to non-engagement of sufficient manpower, the cost of balance manpower, if engaged by the department as per exigencies of work shall be recovered from the Contractor’s bill at the rates on which payment is made besides other penalties as specified in the contract. In case, no person is engaged by the department the recovery will be affected on which payment is made or prevailing market rates whichever is more. In absence of necessary tools, department will arrange by itself at the cost of contractor and subject to impose penalty other than penalty clause (08). iii) If there is shortfall of mandays deployment particularly in prospective contract month due to absenteeism of workman or any other genuine reasons, the mandays can be deployed in next month or as per requirement EIC, how ever total engagement of manpower in contract year shall not be less than 18168 mandays, failing to which necessary recovery will be made. The contractor shall ensure that work shall not suffer due to engagement of insufficient mandays in respective months.


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APPROXIMATE AREA OF WORKS AT A GLANCE (TOWNSHIP) Sl. No. Location Approx Area

( In Sq.Ft) No. of Toilets

01. Type ‘A’ Quarters, (03 storied) consisting 12 qtrs. in each blocks (Stair case)

98 blocks

02. Type ‘B’ Quarters (03 storied) consisting 06 qtrs. in each block (Stair case) 51 blocks

03. Type ‘C’ Quarters (02 storied) consisting 04 qtrs. in each blocks (Stair case)

40 blocks

04. (a) Type ‘D” quarters, (Single storied ) 14 Nos.

(b) Type ‘D’ quarters (Double Storied) 4 Nos. 03 block

WELFARE BUILDINGS

05. Field hostel, Bachelor’s hostel, VIP cottage and surrounding 10,000 46 Nos.

06. Club / Guest house including surrounding (Two shift) 28,100 17 Nos.

07. School building (Senior, Primary Old & New & Nursery) and surrounding 36,000 Double story

14 Nos.

08. Community center and surrounding. 11,100 08 Nos.

09. Shopping center and surrounding 12,800 08 Nos.

10. Dispensary , Creche and surrounding (In two shift) 15,700 13 Nos.

11. Trunk road 08 M wide and drains 60,000

12. Township roads 2,95,000

13. Swimming pools 30,000 12 Nos

14. Sub stations 3,600 02 Nos.

15. Auditorium & Indoor Badminton Court 9,500 02 Nos.

16. Civil Maintenance Office 2,530 02 Nos.

17. Union Bhawan, Green Haat 2,000 01 Nos.

18. Security Cabin 600

19. Helipad 32,280

20. Korwa House and surroundings - 04 Nos.

21. Kalyan Mandap including Road. 14,480 04 Nos.

22. Russian Blocks. As per site 48 Nos.

23. Sports club building main building grounds toilets / any other building area. 02 Nos

Note:- The data of buildings, floors, drains, toilets, given above are for guidance only of the contractors. However, there will have no relation with any type of claim in case the actual quantities / area found to be more. The work content is estimated to be 18168 mandays in a year including Sunday and Holidays, besides the materials to be issued. The work content requires an estimated manpower 18168 (including Two Supervisors and one plumber) in a year besides materials` and other conditions. Deployment shall be as per instruction & requirement on working days and Holidays except on National Holidays.


SCHEDULE ‘A’

Name of Work: Sanitation and Housekeeping Services in Township Premises at HAL Korwa

Please refer Schedule – ‘A’ of Financial Bid of Tender.




CONTRACT LABOUR REGULATIONS

01. SHORT TITLE These regulations may be called “CONTRACT LABOUR REGULATIONS”. 02. DEFINITION: In these regulations, unless otherwise expressed or indicated the following words and expressions shall be meaning hereby assigned to them respectively, that is to say:- i) “Labours” means workers employed by the contractor on his behalf for HAL work referred

to in the contract. ii) “Wage” shall have the same meaning as defined in the payment of wages Act and included

time and price rate wages. 03. CONTRACTOR’S OBLIGATIONS i) Contractor shall provide all manpower required for running the Sanitation and Maintenance

Service work as per the contract. The contractor should certify the antecedents and behavior of his employees before he employs them.

ii) The employment of contractor’s staff is subject to such statutory obligations as mentioned

in the Employment of Children Act – xxvi of 1938, hours of Employment Regulations Workmen compensation Act, 1923, Contract labour (Regulations and Abolition Act, 1970, Rules made there under. Employees Provident Fund / Miscellaneous provisions Act, 1952 Industrial Employment (Standing Order) Act, 1946, and rules made there under, the UPID Act, 1967 and rules made there under and Payment of Wage Act, 1936, Factories Act, 1948 and rules made there under and all other Acts which are applicable to workmen time to time.

iii) The contractors shall have to abide by the provisions of the Contract labour (Regulations & Abolition) Act, 1970 and the Central Contract Labour (Regulations & Abolition) rules 1975, made there under, under the said Act and rules made there under. The contractor shall have to obtain license after paying the fees as prescribed. The fees as prescribed under rules-26 (2) and deposit of security at the rate specified in Rule – 24 before undertaking or executing any work for which he takes a contract under section – 13 of the said Act and Rule – 24 made in the prescribed form and shall have to renew the same as per provisions of the clause – 29 read with section 13(3), (2) and 35 (2) (F) of the said Act, failure to obtain/renewal of license within the time stipulated by us may entail penalty of Rs. 1,000/- (Rupees one thousand only) per month till the license is handed over to the Management, If this default continues for a period of three months, till consecutively, then Management has got the right to terminate the contract without any notice.

iv) The contractor shall have to comply with the provisions of welfare and health of the

workers prescribed under chapter – 7 of the said Rules. The contractor shall have to comply with the provisions laid down under chapter – VI.

v) The contractor would be the “EMPLOYER” of the workmen employed by him under the

contract, he shall get standing orders covering his workmen certified under Industrial Employment (Standing Orders) Act within three months execution of the contract, failing which, the contractor Government and shall have the actions resolved at his risk and cost, as decided by the appropriate authority submitted by the contractor for certifications. The Model standing orders shall apply to the workmen employed by him and he shall have to comply with the provision of the same. The contractor shall have complete control, Management direction and supervision over the staff employed by him and will be their direct employer for all purpose.

vi) The contractor shall indemnify HAL management against all claims, which may be under


the aforesaid Acts. The contractor shall have to bear all the liabilities arising out of the aforesaid statutory obligations. The contractor should attend all labour cases concerning to his staff at the office of R.L.C / ALC (C) or any other court, failing which action may be taken as deemed fit including black listing for future tendering.

MINIMUM WAGES TO THE WORKERS 1. The contractor shall have to pay fair wages/minimum wages and provide facilities to his

employees such as are not less that a minimum wages stipulated under any Act (s) applicable / as may become applicable to same categories of workers working on similar establishments. At present, the sanitation workers are paid according to State Government Orders applicable to workmen employed in Engg Industry. The minimum wages (including variable D.A) according to UP Government notification applicable to Engg Industry employing more than 500 workmen is Rs. 6240.00 per month for unskilled (Rs. 240.00 per mandays) and Rs. 6861.40 per month for Semi-skilled (263.90 per maydays) as on 01.02.2013. Also variable Dearness Allowance is admissible to workers with increase or decrease for every point of all India Consumers Price Index (Old series 1982=100) which will be calculated on half yearly basis (i.e. 1st February and 1st August every year). However, incidence of statutory rise in wages or increase in variable D.A. will be born by the Company for which the contractor will submit his claim every month. Similarly in case of fall in wages and variable D.A. the Company will reduce the bill of the contractor to the extent of fall. All types of statutory liabilities on account of increase in wages or VDA shall also be born or reimbursed by the Company.

2. The emoluments to be paid by contractor to his employees shall entirely be the

responsibility of the contractor himself. If any dues to the sanitation employees remain unpaid by the contractor & his employees make a request to the Company for payment, or the Company finds non- payment of any dues of workers the Company may also make payment of the same & adjust the amount so paid from the retention / security deposit or the monthly bills.

3. Wages for Holidays (National Holidays 03 Days and Festival Holidays 05 Days) shall

be paid along with the wages of concerned month. 4. As regard grant of holidays on the polling day on account of any election to Lok Sabha

or State Legislative Assembly. It should be responsibility of Contractor to pay the wages for polling day to labours as per the directives of the Election Commission of India as provided in Section 135 B the of Representation of the people Act 1951. For failure, the contractor shall alone be responsible for all action initiated by the Enforcing Agencies of the Government and others including penalties imposed thereon and HAL shall have no obligations towards them.

5. The payment of bills relating to each month shall normally become payable not later

than 1st week of the month succeeding the month to which the payment relates. However, payment of monthly bill shall in no case be treated by the contractor a pre-requisite to payment of wages to his employees which he shall be liable to pay without fail, by the prescribed date, as applicable, failing which he will be responsible for violation of the payment of wages Act, 1936, The payment shall be made by contractor and then submit bill along with proof of payment for checking and forwarding the bill for release of payment.

6. The payment of Festival and National Holidays shall be paid along with the wages for the respective months.

7. The contractor shall indemnify HAL against any claim under the payment of wages/Act, 1936 and / or under the minimum wages Act, 1984 or any statutory obligations arising out of any other records in checking Attendance Register should be maintained by the contractor with respect to the above which would be subject to check from time to time, by the authorized representative of the Management or any statutory authority.




05. POWER OF Mgr (Works) TO MAKE INVESTIGATION OR ENQUIRY. The Mgr.(Works) or an officer authorized by him on his behalf shall have power to make enquires with a view to ascertaining and enforcing due and proper observance of the minimum wages clause and the observance of the rules. He shall investigate into any complaint regarding the default made by the contractor in regard to such provisions. 06. PROHIBITION REGARDING REPRESENTATION THROUGH AND QUALIFIED ADVOCATE No party shall be allowed to be represented by any qualified Advocate during investigation/ enquiry, appeal or any other proceeding under these regulations. 07. FORMAT OF IDENTITY CARD The Contractor will provide at his own cost identity card to his workman with the following details:- i) Contractor's name: ii) Name of workman: iii) Father's name: iv) Nationality: v) Address: (a) Local : (b) Permanent: vi) Validity: vii) Category: Signature of Individual Signature of Contractor Signature of CSO of HAL a) The Identity Cards will be regulated by HAL, Security Staff as deemed fit. The Contractor will abide by HAL Security Department’s directions from time to time during currency of the contract. b) Before applying for ID cards for his workmen contractor will produce police verification from local police station at his own cost.


(A) MINIMUM MATERIAL REQUIRED PER MONTH FOR TOWNSHIP SANITATION

S.N. Description of items Qty 1 Phenyle (Doctor brand or any approved brand) 05 Ltr. Packing. 50L 2 Surfexo / Germ Troll (Doctor Brand) 05 Ltr. Packing. 30L 3 Vim Powder 1 Kg pack 50KG 4 Nirma / Wheel I Kg./0.50 Kg pack 15KG 5 Odonil 50gm 40No. 6 N. Balls(Doctor Brand/hospital brand or any other approved brand) 4KG 7 Hydrochlororic Acid for cleaning (Sealed packing) 30L 8 Light Broom (Mahalaxmi/ GMK/ Ajanta make) 50No. 9 Coconut Broom 70No.

10 Old Dhoti (Cotton)minimum length4.50 Mtr. 05No. 11 Room Freshener (big) 200 ml Vi-John/ Faa make 08No. 12 Soap Cake (Lux) big size 04No. 13 Liquid Soap (Fem / Detol/lux) 250ml 12 No. 14 Choak remover Big size 05No. 15 Scrubbing brush big size 02 No 16 Moping stick (Heavy duty) 04 No. 17 Glass cleaner Colin / Sparkolin 500ml 10 No 18 Lizol 500 ml 05 Nos 19 Bleaching powder 25 kg bag 75KG 20 Plastic Bucket (20 ltr) Monkey/Cello/Rajkamal brand 02No. 21. Kerosene oil 02 Ltr. 22 Harpic 500ml 10 No 23 Toilet Brush (Plastic) 05No 24 Duster (2’ x 2’size ) 50No 25 Caustic Soda 1KG 26 Nylone scrubber big size 10 Nos 27 Round up chemical (Weedicide) 02 Litre

Note: 1) The brand of materials other than specified can be changed only after the prior approval

of Engineer-in-Charge.

2) The contractor has also to arrange the contingent material if any required for cleaning / housekeeping apart from the material mentioned above.




(B) TOOLS AND EQUIPMENT REQUIRED FOR TOWNSHIP SANITATION & HOUSEKEEPING

S.N. Material Qty

01. Spades (Phowra) 12 Nos02. Phawri of drains 12 Nos03. Belcha 04 Nos04. Pipe wrench 01 Nos05. PVC pipe (3/4”) dia 120 Meter06. Plastic Spittoon 12 Nos07. Cleaning Rod 01 Set08. Wheel carts 5’x3’(Approx) with Rubbering on steel wheels 02 Nos09. Ladder (Bamboo) to reach 07 Mtr height 02 Nos10. Bamboos As per requirement

11. Wheel Barrows 04 Nos12. Axe (Kulhari) 02 Nos13. Khurpa 10 Nos14. Hansiya 10 Nos15. “ Jhabau” (Talwar) for cutting grass big size 01.50 m long 20 Nos16 Panji 04 Nos17 Chemical Spray machine 01 No.18. Monkey Plier 01 No.19 Chisel 12” long 02 No.20 Iron Hammer 0.50 Kg and 1 Kg ( one number each) 02 No.

21 Gumboot 04 pair

22 Rubber hand gloves (medium duty / thick) quarterly 06 Set

23 Rubber hand gloves (thin) quarterly 12 Set

24 Face mask for sweepers / work in dirty areas per month 12 Nos

Note: The department may order non –requirement of any material, which is not required for the month.


ACCEPTANCE OF THE TERMS AND CONDITIONS BY THE TENDERER I am/we are agreeable to furnish the valid registration Certificate / License immediately but not

later that one month from date of work award / date of expiry of license. I/We have understood clearly the areas, scope and nature of works and terms and conditions and shall scrupulously abide by the same. I / We have understood clearly that this is a Service contract involving the elements of labour, materials, tools etc for which I am /We are required to quote all inclusive rate for the entire activities of work as specified. As a registered contractor, I /We have understood clearly of our sole responsibility to faithfully comply with all the, requirements of labour laws including the Minimum Wages Act, Contract labour (Regulation and Abolition) Act, workmen compensation Act, PF Act, Services-tax and Taxation Acts and others’ as applicable from time to time and the HAL shall not in any way be held responsible for any failure or violation on our part. I / We have understood clearly of our sole responsibility to disburse the wages due payable to the personnel engaged by me / us under the contract promptly in due time and rates irrespective of whether HAL has settled our bills or not. It is also clearly understood by us that we should ensure that the wages paid are in no case less than minimum wages prescribed and are in force at the relevant period.

SIGNATURE OF CONTRACTOR

DATE: NAME: ADDRESS:




P.F. PROFORMA & SUMMARY OF DEDUCTION

S No.

NAME OF WORKER

TOKEN NO. P.F/AC NO. P.F. CONTRIBUT

ION

P.F. CONTRIBU

TION

P.F. LOAN IF ANY

INTEREST ON P.F. LOAN

TOTAL REMITTANCE

MEMBE

R CONTRIBUTION

CONTRACTORS CONTRIBUTION

MEMBER CONTRIBUTION

CONTRACTORS

CONTRIBUTIO

N 1 2 3 4 5 6 7 8 9 10

TOTAL: ______________________________________________________ Note: - 01. Recovery is to be rounded for the nearest rupees in the case of fifty paise or more. 02. Remittance should be in the nearest rupees. 03. Vertical & Horizontal total are to be tallied. 04. Loan amount and interest will be intimated by P.F. section.

05. In case of non recovery of P.F. Loan Contractor shall inform to P.F. Section and interest on installment shall be revised by P.F. Section.

SUMMARY OF DEDUCTION

FOR USE OF BILL PAYABLE SECTION Sl. No.

Heads P.F.

P.F. Grand Total

01. Amount of recovery in `. 02. Cheque No. _____________________ 03. Date : _________________________

01. 02. 03.

04.

05. 06.

Employess Contribution Contractor’s Contribution EDLIS Surcharges @ 0.681%of wage. Admin charges @ of wage 0.18% P.F.Loan Interest on P.F. Loan

TOTAL REMITTANCE:


Annexure 1 TO BE EXECUTED ON STAMP PAPER OF VALUE Rs. 100/-

FORMAT OF INDEMNITY BOND This Indemnity Bond is executed on _____ day of _____ 200 ___ in favour of M/s Hindustan Aeronautics Limited., a company incorporated under the Companies Act 1956, having its registered office at No.15/1, Cubbon Road, Bangalore and having a factory complex at Avionics Division Korwa (herein after called as the “Company”, which expression will mean and include its successor and assigns) by M/s _______________________ represented herein by its ___________ Sri. _________ s/o ________ aged about ______ years and residing at ______________ ___________________ is not a registered contractor of HAL (herein after called as the “Contractor” which expression will mean and include his heirs, executors, administrators, successors and assigns) Whereas the Contractor/s has/have by tender dated _________ amended by the Contractor’s letter no. ________________ dated __________ offered to execute and fully complete the intended works in connection with “____________________________________________” in the Company’s Factory area, for the Company, as set forth in the tender as amended and the Drawings, General Conditions, Special Conditions, Specifications, Bill of Quantities and Schedule hereto annexed according to the terms, obligations and conditions therein contained at and for an approximate total sum of Rs. __________________ (Rupees _____________________________ only) and the Company has accepted such itemized rate tender in terms of its letter no. ________________________ dated ___________. Sales Tax in all cases being always the Contractor’s/ Contractors’ responsibility NOW THE INDEMNITY WITNESSTH AS FOLLOWS: WHEREAS the contractor indemnifies that in respect of the payment made to the labours engaged by him and the company has agreed on the same but subject to keep the company fully indemnified at all times against any claims, decree, notice, loss or liability, costs, action or proceedings which may arise against the company at the instance of the authority under the act of any person or persons of the company making payment to the contractor. WHEREAS the contractor further indemnifies that company that he will make good any dues claims etc., in respect of labour engaged by him towards provident fund in the contract works No. __________ executed by him on receipt of the demand in writing from the company without any demur. WHEREAS the contractor indemnifies for claims on all injury to person, animal or things or damages to property which may arise from the operation or neglect or omission of himself or any nominated sub-contractor or any employee/s or any other cause whatsoever in any way connected with the carrying out of his contract. WHEREAS the contractor indemnifies the company for any claims from any other agency / statutory bodies which may arise due to the operation or neglect or omission of that agency involved in carrying out of this contract in whatsoever manner to the person/s or property of HAL even though the contractor has taken utmost precaution against accident or injury. WHEREAS the contractor indemnifies the company for any claims from any other agency / statutory bodies which may arise due to the statutory requirement of all Acts and enactments pertaining to the Labour Laws enforcing maintenance of all records, payments of fees for obtaining Licences etc., all as per the Terms & conditions laid in the Tender document. WHEREAS the contractor further indemnifies for claims on payment of all wages or other money to his worker/s or employees under the payment of wages Act 1963 or employers liability Act 1933, workmen compensation Act, ESI act or any other Act or enactment relating thereto and rules framed thereunder from time to time. WHEREAS the contractor indemnifies for the insurance policy coverage for any damage, theft, burglary including force majeure damage due to fire, riot, civil war, damage by Air Craft., etc. WHEREAS that the liability of the contractor under the bond will not be altered, modified or nullified by any change in the Constitution of either the Company or the contractor and that the decision of the company in respect of any claim will be final and binding on the contractor. IN WITNESS WHERE OF THE CONTRACTOR HAS EXECUTED THESE PRESENT THE DAY MONTH AND YEAR ABOVE MENTIONED. WITNESSES CONTRACTOR 1.. 2._________________________________________________________________ NOTARY




Annexure 2

FORMAT OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT / PERFORMANCE GUARANTEE

1. In consideration of the HINDUSTAN AERONAUTICS LTD., _________ Division (hereinafter called as “HAL”) having agreed to exempt _______________________________ [hereinafter called “the said Contractor/Supplier(s)”] from the demand, under Agreement/Contract/Order No.________dated_______(hereinafter called “the said Agreement”/ said Contract/ said Order), made between_____________________and____________________________ for_____________(indicate the scope of supply) of security deposit for the due fulfillment by the said Contractor/Supplier(s) of the terms and conditions contained in the said Agreement/Contract/Order, on production of a bank Guarantee for __________(indicate the amount in Rs. / Foreign Currency)(______________________________________ Only), We, ____________________________________, (hereinafter referred (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 in Rs. / Foreign Currency) against any loss or damage, costs, charges and expenses, claims caused to/ suffered or would be caused to/ suffered by HAL by reason of any breach by the said Contractor/supplier(s) of any of the terms or conditions contained in the said Agreement/Contract/Order.

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

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

Foreign Currency) so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto. Our liability under this guarantee being absolute and unequivocal.

We_______________________________________________ (indicate the name of bank) further agree with HAL that HAL will have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement/Contract/Order or to extend time of performance by the said contractor/supplier(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by HAL against the said Contractor(s)/supplier and to forbear or enforce any of the terms and conditions relating to the said agreement/contract/order and we will not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor/supplier(s) or for any forbearance, act or omission on the part of HAL or any indulgence by HAL to the said Contractor/supplier(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

4. We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of HAL in writing and agree that any change in the constitution of the said contactor(s)/Supplier(s) or Bank will not discharge the Bank of its liability under this deed.

5. The validity of Bank Guarantee will be up to…………………………... (dd/mm/yy) and such date will

be 90 days after the last delivery/Services against the contract. The Bank Guarantee will continue to be enforceable till all the dues of HAL under or by virtue of the said Agreement / Contract/Order have been fully paid and its claims satisfied or discharged or till HAL certifies that the terms and conditions of the said Agreement/Contract/ Order have been fully and properly carried out by the said contractor/supplier(s) and accordingly discharges this guarantee.

6. This Bank Guarantee will be governed by and constitute in accordance with Indian Law and will be

subject to exclusive Jurisdiction of Indian Courts. 7. Dated the ____________ day of ___________ _____ for ______________________________

(indicate the name of the Bank). ________________________________________________________________________________


ANNEXURE – 3 FORMAT OF BANK GUARANTEE FOR MOBILIZATION ADVANCE PAYMENT

(ON NON JUDICIAL STAMP PAPER OF THE VALUE OF Rs.100) 1. In consideration of the HINDUSTAN AERONAUTICS LTD., _________ Division (hereinafter

called as “HAL”) having agreed to make advance payment to _______________________________ [hereinafter called “the said Contractor/Supplier(s)”], under Agreement/Contract/Order No.________dated_______(hereinafter called “the said Agreement”/ said Contract/ said Order), made between_____________________ and___________________________for_____________(indicate the scope of supply), for the due fulfilment of the terms and conditions contained in the said Agreement/Contract/Order, on production of a bank Guarantee for ______________________________(indicate the amount in Rs. / Foreign Currency)(______________________________________ Only), We, ____________________________________, (hereinafter referred (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 in Rs. / Foreign Currency) against any loss or damage, costs, charges and expenses, claims caused to/ suffered or would be caused to/ suffered by HAL by reason of any breach by the said Contractor/supplier(s) of any of the terms or conditions contained in the said Agreement/Contract/Order.

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

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

Foreign Currency) so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto. Our liability under this guarantee being absolute and unequivocal.

4. We,_________________________________________________________ (indicate the name of bank) further agree with HAL that HAL will have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement/Contract/Order or to extend time of performance by the said contractor/supplier(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by HAL against the said Contractor(s)/supplier and to forbear or enforce any of the terms and conditions relating to the said agreement/contract/order and we will not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor/supplier(s) or for any forbearance, act or omission on the part of HAL or any indulgence by HAL to the said Contractor/supplier(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

5. We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of HAL in writing and agree that any change in the constitution of the said contactor(s)/Supplier(s) or Bank will not discharge the Bank of its liability under this deed.

6. The validity of Bank Guarantee will be up to…………………………... (dd/mm/yy) and such date will be 90 days after the last delivery/Services against the contract. The Bank Guarantee will continue to be enforceable till all the dues of HAL under or by virtue of the said Agreement / Contract/Order have been fully paid and its claims satisfied or discharged or till HAL certifies that the terms and conditions of the said Agreement/Contract/ Order have been fully and properly carried out by the said contractor/supplier(s) and accordingly discharges this guarantee.

7. This Bank Guarantee will be governed by and constitute in accordance with Indian Law and will be

subject to exclusive Jurisdiction of Indian Courts. 8. Dated the ____________ day of ___________ _____ for ______________________________

(indicate the name of the Bank). _________________________________________________________________________________




ANNEXURE – 4 (TO BE EXECUTED ON NON JUDICIAL STAMP PAPER OF VALUE OF Rs.100/- WITHIN 30

DAYS OF ACCEPTANCE LETTER) AGREEMENT CONTRACT No. – CONTRACT FOR –

ARTICLE OF AGREEMENT made on this _____ day of __________ Two Thousand ______________ between the Hindustan Aeronautics Limited, Avionics Division Korwa, having its registered office at No.15/1, Cubbon Road, Bangalore, hereinafter called “HAL” or ‘Company’ (which expression will include its successors and assigns wherever the context or meaning will so require or permit) of the one part and M/s._________________________________________ having its registered office at_________________________________________________________ hereafter called the “Contractor” (Which expression will include its successors and assigns wherever the context or meaning will so require or permit) of the other part.

Whereas the Contractor/s has/have by tender dated ________ amended by the Contractor’s letter no. ________________ dated __________ offered to execute and fully complete the intended works in connection with “________________________________________________” in the Company’s Factory area, for the Company, as set forth in the tender as amended and the Drawings, General Conditions, Special Conditions, Specifications, Bill of Quantities and Schedule hereto annexed according to the terms, obligations and conditions therein contained at and for an approximate total sum of Rs.______________ (Rupees__________only) and the Company has accepted such itemized rate tender in terms of its letter no. ________________________ dated ___________. Sales Tax in all cases being always the Contractor’s/ Contractors’ responsibility. Now, This Agreement witnesseth as follows: - The Contractor/s covenant/s and agree/s with the Company that the Contractor/s will within the time of ____ Months from the date stipulated in the work order and in the manner and pursuant and subject to all and singular the terms, obligations and conditions in the said tender as amended and the Drawings, General Conditions, Special Conditions, Specifications, Bill of Quantities and Schedule provided, contained and referred to execute and fully complete all and singular the works specified, described or referred to in and by the said tender as amended and the Drawings, General Conditions, Special Conditions, Specifications and Bill of Quantities and Schedule and will well and truly observe, perform, fulfill, submit to and keep all the said terms, obligations, conditions and matters in the said tender as amended and the Drawings, General Conditions, Special Conditions, Specifications and Bill of Quantities and Schedule contained and referred to and on the part of the Contractor/s to be observed, performed, fulfilled, submitted to or kept according to the true intent and meaning of the said tender as amended and the Drawings, General Conditions, Special Conditions, Specifications, Bill of Quantities and Schedule. Any items not covered by the tendered rates will be worked out as per conditions attached to the tender documents. In case the work is not completed in the manner mentioned above to the complete satisfaction of the Company in every respect within the aforesaid time limit of ___________ Months from the date stipulated in the Work Order, the Contractor/s agree/s to pay a penalty of _____ of the value of the Work Order for each week of delay beyond the date stipulated for completion, subject, however to a maximum of ______ of the value of the Work Order. It is agreed that time is the essence of the contract. 2. In consideration of the premises the Company covenants with the Contractor/s that it will pay to the Contractor/s at the several times and in the sums, proportions and manner in the said Tender Conditions in that behalf provided the amount accruing from time to time, but subject to conditions therein contained. 3. This agreement further witnesseth that the Contractor/s hereby covenant/s with the Company that in the event of the non-fulfillment in any respect by the Contractor/s of the said covenants, terms, agreements, obligations and conditions on the part of the Contractor/s, the Contractor/s will pay to the Company all loss, damages, costs, charges and expenses as the Company may be directly or indirectly put to in consequence of such non fulfillment by the Contractor/s. 4. If the Contractor fails to perform the contract or carry out the contract to the satisfaction of the


Company within the period fixed for the purpose of at any time repudiates the contract before expiry of such period, the Manager(Works), without prejudice to the right of the Company to recover from the Contractor, damages for the breach of the contract, terminate the contract as a whole or terminate a part of the contract at the risk and cost of the Contractor without prior Notice and get the balance work executed through some other agency and held the Contractor liable for all the losses and expenses incurred by the Company. The decision of the Executive Director, Korwa Division or accepting authority of HAL is final with regard to the satisfactory performance of the contract and is binding on both the parties. 5. In the event of any dispute arising in connection with this contract, it is further agreed that such disputes will be referred to the sole arbitration of an Engineer Officer to be appointed by the Managing Director of the Company. 6. The following documents are deemed to form part of this agreement, namely the tender document including the General Conditions, Special Conditions, the Specifications, the Priced Bill of Quantities, the Schedule of rates and prices and the Drawings mentioned in the Specifications, all of which for the purposes of identification have been signed by the Manager (Works), on behalf of the Company and the Contractor/s. The letter of Acceptance and all the letters referred therein will also form part of this agreement. 7. “This agreement further witnesseth that the Contractor/s is/are responsible for any accident/s or other compensation payable to anybody including contract labour employed by or out of the contract arising out of and in the course of execution of this contract and the Company is no way responsible / liable for any payment whatsoever to be made by the Contractor. If for any reason/s the Company is made liable to pay a compensation for any accident arising out of and in the course of execution of this contract, the Contractor will indemnify the Company to the extent of compensation awarded / ordered by any authority.” 8. All disputes arising out of or in any way connected with the Agreement will be deemed to have arisen at Bangalore and only Courts in Bangalore will have jurisdiction to determine the same In Witness Whereof the said parties hereto have hereunto set their hands. For HINDUSTAN AERONAUTICS LIMITED

(Avionics Division Korwa) DIVISION HEAD Or ACCEPTING OFFICER [As Delegated by Division Head] SIGNATURE OF CONTRACTOR/s Witnesses; Witnesses; 1. 1. 2. 2.




ANNEXURE – 5 (TO BE EXECUTED ON NON JUDICIAL STAMP PAPER OF VALUE OF Rs. 100/- BEFORE

PAYMENT OF FINAL BILL) AMENDMENT TO CONTRACT AGREEMENT

AMENDMENT DATED:…………………. TO CONTRACT No. …………………………… NAME OF WORK: ……………………………………………………………………………… …………………………………………………………………………………………….……… PLANT ORDER No. : ………………………………………… 1. WHEREAS on …………………………………. An agreement has been entered into between M/s. ……………………………………. (hereinafter referred to as Contractors) and Hindustan Aeronautics Limited Avionics Division, Korwa, having its registered office at No.15/1, Cubbon Road, Bangalore, (hereinafter referred to as Company) under which the Contractor among other conditions contacted to execute the work of …………………………… …………………… and fully complete the terms and conditions therein contained in the said agreement dated …………………………. And the said parties are now desirous of modifying the same agreement in certain particulars, it is hereby agreed to as follows: 2. FIRSTLY due to consequence revision of wages/increase in DA/Service Tax/other statutory increases if any………………. Have exceeded the Deviation Limit/contract value and the Contractor has agreed to execute the same without any extra claims, and with the same terms and conditions accepted in agreement Dated…………..for service contract of “……………………………………” under P.O. No……………..has been entrusted to the Contractor in terms of Company’s Acceptance Letter No. ……..dated………………… 3. SECONDLY that due to the aforesaid deviations and other minor deviations in the items of work the total approximate value of Rs.……………….. accepted in Acceptance Letter No. ………………………… Dated: …………… has been altered to Rs.. ………………… (Rupees …………………….…………. …………………… …………………… only) being priced at the rates conditions and terms accepted by the Company’s Acceptance Letter No. ………………………………………….. Dated: ……………………. In connection with the contract work “ ……….……………… ………………………………. …………………………….” P.O No. ……………………….. and the Contractor has agreed to execute the same without any extra claims. 4. Further, it is also agreed to accept the final bill payment of Rs. ____________ in full and final settlement of all our claims against HAL under the aforesaid contract without raising any disputes. 5. LASTLY THAT the aforesaid agreement except for the change referred to above still holds good in all particulars and will be inforce in all respects and particulars. 6. WHEREAS that the work referred to above has been completed and whereas it is necessary that the terms and conditions under which the deviations were agreed to be executed should be embodied in an amendment to contract agreement, the said terms and conditions of amendment are hereby recorded as above. IN WITNESS WHEREOF the said parties herein set their hands as shown below:

For Hindustan Aeronautics Limited (Avionics Division Korwa)

DIVISION HEAD Or ACCEPTING OFFICER [As Delegated by Division Head] CONTRACTOR’s SIGNATURE WITNESSES: WITNESSES: 1. 1. 2. 2.

*******************************************


ANNEXURE – 6 FORMAT OF UNDERTAKING TO BE FURNISHED AND UPLOADED BY THE CONTRACTOR

Name of work: Cont. No.: From : M/S _____________________________ ______________________________ To , Executive Director ______________Division , Hindustan Aeronautics Limited, Sub: Tender for Contract No._______________________________ Dear sir, Please find herewith enclosed the Tender Document comprising of Terms & Condition , General & Special Conditions, safety code and Bill of Quantities relating to the works specified in the Tender Document downloaded from HAL website www.hal-india.com hereinafter set out and having acquired the requisite information relating thereto as affecting the tender, I/We hereby offer to execute the works specified in the said document with the labour /worker rates, materials mentioned at Price Bid portion of Tender document and in accordance in all respects with the conditions, specification , & instruction in writing referred to in conditions of tender Appendix to the form of tender articles of agreement , General Condition of the contract , special condition of contract, appendix to the tender , annexure, safety condition, technical specifications, bill of quantities and in all other respects in accordance with such condition so far as they may be applicable. The document being downloaded from the website and having read and understood all the contents of the tender document from Page No. to Page No. . I/We do hereby accept all the terms and conditions laid down in the said tender document and will abide by the same on acceptance and award of work . Agreed and confirmed [No signature in the tender document since it is Electronic Transmission]

Yours Faithfully,

FOR M/s _________________________

SIGNATURE OF THE CONTRACTOR WITH SEAL





HINDUSTAN AERONAUTICS LIMITED (AVIONICS DIVISION, KORWA)

CIVIL ENGINEERING DEPARTMENT

Preamble to Schedule 'A'

NAME OF WORK: Sanitation & Housekeeping services in Township premises at HAL Korwa.

1. The contractor will visit site and acquaint himself regarding scope and nature of work and assess working conditions and location of the work. No claim will be considered later on, on the ground of ignorance or otherwise of the conditions under which the work will have to be executed. 2. The rates quoted should envisage: i) Working hours as per factory timing of General Shift usually or as required and

directed by EIC to accomplish the work. ii) Movement of men, materials stacking all as directed. iii) All rates quoted will be written in figures as per e-tender format. iv) Among other factors the following should also be included subject to the

admissibility as legal / statutory obligations (this is by way of guidance to the tenderer):-

Ü Wages including DA to workmen on rates not less than minimum wages

rates. Ü Provident Fund. Ü Leave with wages including National Holidays/Festival Holidays (Total 08

Nos) Ü ECA /Medical assistance. Ü Gratuity or closure compensation etc. as applicable. Ü Any other statutory liabilities and overheads. Ü Supply and Cost of cleaning materials and tools minimum as mentioned in

the tender. Ü Profits including supervision expenses.

v) The rate / Service Charges quoted should include all services mentioned in Scope

of Work and all conditions mentioned in contract, which also includes evacuation of dog menace, removal of grass from road patteries and disposal of wastes, garbage, debris of building materials lying on road pattries & surrounding green belts of buildings & factory premises etc.

vi) The evacuation of dog menace means catching of stray dogs and leaving them far away from HAL premises as required and rate quoted should include all above. At the start of work all tools & equipments mentioned in the list shall be brought by contractor at site.

vii) The quoted offer should include all applicable taxes including service tax. viii) The remittance of Professional Tax, Service Tax , PF contribution and maintenance of

various records / returns etc. are the sole responsibility of the Contractor.