request for proposal for aerospace cryogenic resistance … · 2018. 5. 1. · quality/inspection...

Request For Proposal for

Aerospace Cryogenic

Resistance Temperature Detector Probe

ISRO Propulsion Complex, Mahendragiri

March -2018

TABLE OF CONTENTS

# CHAPTER PAGE

1 Introduction 1

2 Key words 2

3 Concept of the sensor 3

4 Scope of work 4

4.1 Work content 4

4.2 Quantity 4

4.3 Responsibility definition 5

4.4 Execution schedule 6

5 Mode of operation of contract 7

5.1 Pre-bid meeting 7

5.2 Bid submission-eligibility 7

5.3 Technical bid 7

5.4 Technical bid evaluation 7

5.5 Price bid 7

5.6 Price bid evaluation 7

5.7 Spilt ordering 8

5.8 Detailed engineering review 8

5.9 Prototype/sample fabrication 8

5.10 Testing qualification level 8

5.11 Sample Supply 8

5.12 Sample evaluation and final clearance for batch supply

9

5.13 Bulk supply 9

6 Design input/Specification of the sensor 10

6.1 General Plan 10

6.2 Performance specification 10

6.3 Physical specification 11

6.4 Environmental condition 12

6.4.1 Normal working condition 12

6.4.2 Qualification level condition 12

7 Tests on the sensors 13

7.1 Aerospace qualification tests prototype sensor 13

7.2 Untested prototype sensor 13

7.3 Sensor(Production version) 13

7.4 Test details 14

7.4.1 Physical check 14

7.4.2 Functional check 14

7.4.3 Calibration 14

7.4.4 Environmental test at qualification level 15

7.4.4.1 Pressure hold hydro test 15

7.4.4.2 Leak test 15

7.4.4.3 Vibration test 15

7.4.4.4 Shock test 16

7.4.4.5 Humidity test 16

7.4.4.6 Thermal shock test 16

7.4.4.7 Burn-in test 16

7.5 Environmental test at acceptance level 17

7.5.1 Pressure hydro test 17

7.5.2 Vibration test 17

8 Verification of performance 18

9 Documents/Reports 19

9.1 For technical bid 19

9.2 Price bid format 20

9.3 Documents/reports with sample sensor 21

9.4 Documents/reports with actual sensor 21

10 Shipment/Scope of supply 22

11 Codes, Standards and reference specification 23

12 General terms and conditions 24

12.1 Warranty 24

12.2 System performance 24

12.3 Security deposit 24

12.4 Performance guarantee 25

12.5 Cancellation of contract 25

12.6 Manufacturers default liability 26

12.7 Changes and modification to specification and

qualitative requirements 27

12.8 Material insurance 27

12.9 Sub-manufacturing 27

12.10 Confidentiality, secrecy & patent rights 27

12.11 Force majeure 29

12.12 Arbitration 30

12.13 Assignment 30

12.14 Jurisdiction and applicable law 30

12.15 Execution of work 31

12.16 Rights of the department 31

12.17 Reporting 31

12.18 Prices and payment terms 31

12.19 Taxes and duties 32

12.20 Compensation for delay(Liquidity damages) 32

RFP for aerospace cryogenic RTD probe

IPRC, Mahendragiri Page 1

1. INTRODUCTION

India’s present and future launch vehicles will always possess highly

efficient cryogenic propulsion stage. Temperature sensors in a

cryogenic propulsion stage are vital in terms of their contribution in

thermal analysis, efficiency studies, process monitoring etc. ISRO

Propulsion Complex (IPRC), Department of Space, Mahendragiri,

Tamilnadu has been assigned with the task of realizing an indigenous

temperature sensor for aerospace cryogenic application. Under

“Make in India” initiative by central government, proposals are

expected from capable RTD manufacturers of India to meet the

IPRC’s requirement. This RFP defines the scope, performance and

environmental requirements for the proposed sensor-RTD probe.



2. KEYWORDS.

“Purchaser” shall mean Director, IPRC and any representatives of the

Department duly authorized on behalf of President of India for this

project.

“Manufacturer” shall mean an individual or firm or company whether

incorporated or not, chosen by the purchaser on whom this purchase

order is placed for undertaking the works and shall include the legal

personnel comprising firm or company, or the successors of such

firm or company and the permitted assignee of such individual or

firm or company.

“Purchaser’s Site” shall mean location of IPRC at Mahendragiri, Tamil

Nadu.

“Manufacturer’s site” shall mean the location at which the sensors as

per our requirement are manufactured.

“Sensor” shall mean Resistance Temperature Detector (RTD) probe.



3. CONCEPT OF THE SENSOR

This temperature sensor is essentially a Cryogenic resistance

thermometer designed and suitably packed to work in aerospace

cryogenic applications. The prime standard and requirement of the

sensing element is Pt500 (platinum), its resistance at 0° C (R0) is 500

Ω. The sensor will be positioned in a flow path of cryogenic liquids to

measure the fluid temperature. The sensor needs to meet our

stringent performance requirements and be rugged enough to

withstand the harsh aerospace testing limits. There should not be any

deviation in performance parameter of the sensor after the

environmental qualification tests. Details of performance,

environmental and physical specifications are defined in the

following chapters.



4. SCOPE OF WORK

4.1 Work content

An Indian manufacturer has to design, produce, test, qualify, calibrate

Cryogenic RTD probes in India and supply for aerospace cryogenic

applications to IPRC. At the event of placement of purchase

order/contract, a manufacturer has to fabricate few

prototypes/samples, calibrate, demonstrate the performance of

sensor, test the same prototypes upto qualification level defined in

this RFP and supply the same for evaluation at IPRC. On successful

demonstration, clearance for bulk production and supply will be

given by IPRC. Production version sensors have to be fabricated,

calibrated, acceptance tested and supplied to IPRC. Expected time for

completion is within three years after placement of purchase

order/contract. First year shall be for design, prototype production,

qualification, calibration and field trails and next two years shall be

for production and supply of actual supply.

Quantity

Total quantity is 1000 including sample sensor quantity of 10 .

Three models are being proposed based on the immersion length.

The deliverables are as follows:

Development phase

Prototype sensor(Qual. tested) : 5 of Version1 (50mm)

Prototype sensor (Untested) : 5 of Version1 (50mm)

Production phase

Sensor : Version1(50mm)-590

(Production version with : Version2 (30mm)-300

acceptance test) : Version3 (100mm)-100

Note: If purchase order is placed on two parties the quantity ordered

in each would be 290, 150, and 50 respectively. However the sample

sensors (tested + untested) remains the same as 10 on each party.



4.2 Responsibility Definition

# Activity Agency

1. Design inputs and requirement

definition.

IPRC

2. Preliminary design, analysis and design

report generation.

Manufacturer

3. Technical evaluation of reports

Detailed Engineering Review

Including calibration procedure.

IPRC & Manufacturer

4. Proto type production,

First Calibration

Functional checks including

Response time testing

Electrical specification

verification

Material compatibility test

Dimension inspection report

Qualification level

Leak test

Pressure testing

Vibration testing

Shock testing

Humidity testing

Thermal shock test

Burn in test

Manufacturer with

IPRC participation

5. Implementing modification to meet the

specification.

(if necessary)

Manufacturer

6. Final calibration and functional checks.

Re verification of sensor specification

after completion of qualification level

tests.

Manufacturer with

IPRC participation



7 Verification and field testing of

qualification level tested prototypes

and untested prototypes, final clearance

for batch production.

IPRC

8 Batch production,

Acceptance level testing

Vibration testing

Calibration

Supply

Replacement /rectification if any

Manufacturer

4.3 Execution Schedule

Phase Activity Expected

duration

Two part bid preparation and

submission.

2 months

Development

phase

Detailed Engineering Review (After ordering)

2 months

Design, quality, test document

preparation for prototype fabrication

and obtaining IPRC approval.

2 months

Prototype fabrication and completion of

various tests listed in section 7.1.

3 months

max

Field trial of sample sensor at IPRC. 3 months

Production

phase

Production version and completion of

various tests listed in section 7.3, batch

supply.

24 months



5. MODE OF OPERATION OF CONTRACT

5.1 Pre-bid meeting

Companies with the experience in manufacturing RTDs from India

can only attend the pre-bid meeting. System integrators, Traders,

Agents cannot participate in the pre-bid meeting and hence cannot

quote for this tender. Any doubts, clarifications, limitations can be

discussed in the meeting. Manufacturers shall present their RTD

products, application history, experience, capacity, infrastructure,

expertise available relevant to this RFP to the committee for

assessment. Pre-bid meeting will be arranged at IPRC.

5.2 Bid submission-eligibility

Manufacturers who participated in pre-bid meeting are alone

eligible to quote. Other offers will not be considered. Bids will be in

two part basis.

5.3 Technical bid

Based on the specifications in this RFP and the discussion in pre-

bid meeting, manufacturers shall submit the technical bid without

any price indication and their terms & conditions. Details are

given in section 9.1.

5.4 Technical bid evaluation

IPRC will evaluate the technical bids and call the bidders for

detailed discussions regarding design, realization methodology,

qualification etc. Final screening will be done after this to select

the technically suitable technical bids. A team from IPRC will visit

the manufacturer’s site & test labs to assess the capability and

infrastructure. If facilities found to be inadequate, then their offer

will be rejected.

5.5 Price bid

Manufacturer shall mention the cost as per the attached format.

5.6 Price bid evaluation

Manufacturers will be shortlisted for price bid opening based on

technical competence and technical suitability of the bid to meets

our specification. L1 bid will be considered for ordering.



5.7 Spilt ordering

IPRC reserves the right to place parallel purchase orders/contracts

on two qualified parties to ensure availability of multiple sources.

5.8 Detailed Engineering Review (DER)

After ordering, a Detailed Engineering Design document should be

provided by the parties for review by IPRC. DER will be held at

IPRC. Fine modifications suggested by IPRC have to be

incorporated without any cost implication. However performance

specification will not be altered.

Before manufacturing the prototype, the party has to prepare and

submit the following documents for review and approval by IPRC

Design document

Process document

Quality/Inspection plan

Qualification and Test plan for samples

Acceptance test plan for production versions

5.9 Prototype /Sample Fabrication

Fabrication of samples/prototype shall begin after due approval

by IPRC on documents submitted to DER. Within a maximum time

of 3 months from approval by IPRC, ten sample sensors in

Version1 have to be supplied by the manufacturer.

5.10 Testing at qualification level

After fabrication of sensors, tests listed have to be done on five

samples in Version1 at the party’s site or their lab. IPRC will

depute the engineers to participate in the qualification level tests

and calibration as and when required. If minor changes are

required, manufacturer shall incorporate the same.

5.11 Sample supply

The party shall supply totally ten sample sensors on Version1.

That is five fresh units (untested) for study at IPRC and five tested

units (qual. level) for field trials at IPRC. The documents required

along with samples are functional test reports, material

certificate, initial calibration, vibration test reports, compatibility

test reports, pressure test reports, final calibration report.



Electrical mating connectors (10) also shall be supplied along

with sensors.

5.12 Sample evaluation and final clearance for batch supply

Both untested and tested samples will be verified at IPRC for

meeting specification within a span of 3 months after supply. In

case of an anomaly, rectification has to be done by the party. Then

final clearance will be given by the IPRC for batch production and

supply.

5.13 Bulk supply

Each sensor supplied should be accompanied with individual

calibration chart, functional test report, and vibration test

(acceptance level) certificates.



Immersion length

Length of sensor assembly

6. DESIGN INPUTS/ SPECIFICATION OF THE SENSOR

6.1 General Plan

6.2 Performance Specification

# Parameter Requirement

1. Standard Pt500

2. Resistance (Ohm)@0˚C 500±1

3. Measuring Range(K) 13 K to 473K

4. Accuracy(K)

(Inclusion of self-heating)

±0.15 K from 13 K to 25 K

±0.1 K from 60 K to 73 K

73 K to 473 K (ITS-90,Class A)

5. Repeatability 0.01K

6. Insulation Resistance >100 MΩ@25˚C±10˚C, 50V,45-80%RH

7. Sensing Element Platinum

8. Number of elements One

9. Purity of platinum To be selected to meet the alpha value

10. Alpha() 0.00392 Ω.Ω-1.degree-1

11. Element type Wire wound

12. Response time (sec) < 3 sec in LH2

13. Excitation current 2mA(max) pulse

14. Measuring medium LOX,LH2 & LN2 and its vapour

15. Wiring Configuration 4 wire (2 for excitation,

2 for output)

Length of SS braid cover

Length of cable



6.3 Physical Specification


1. Immersion length (mm) Version1: 50

Version2: 30

Version3: 100

2. Total length of sensor

assembly without cable

(mm)

Version1: ~100

Version2: ~80

Version3: ~150

3. Cable length (mm) 250

4. SS braid cover length (mm) 200

5. Mass (g) ~100

6. Casing material Compatible for LH2,LN2&LOX

7. Shape of immersion

structure

To be designed to have minimum

flow obstruction.

8. Shape of sensing tip To be selected to have maximum

area for sensing without obstructing

the flow.

9. Flow velocity 10m/s

10. Mechanical interface M16x1 - 6g

with standard gasket

11. Torque interface 18mm A/F

12. Sealing A lip for tip fusion welding for

sealing/leak arresting.

13. Connection Integral cable with SS braid cover

14. Cable type PTFE insulated multi stranded



6.4 Environmental Conditions

6.4.1 Normal working condition


1. Operating pressure 30MPa

2. Vibration-random

(Acceptance level for

production models)

9g rms

3. Humidity 45-80%RH

6.4.2 Qualification level conditions


1. Operating pressure 45MPa

2. Humidity 40-80%RH

3. Vibration-Random 13.5g rms

4. Vibration-Sine 10g rms (Longitudinal Axis)

6g rms (Lateral Axes)

5. Shock 50g pk(Half Sine)-10ms



7. TESTS ON THE SENSORS

7.1 Aerospace qualification tests prototype sensor:

1. Physical checks

2. Functional checks

3. Initial calibration

4. Environmental test at qualification level

Pressure hold hydro test

Leak test

Vibration test

Shock test

Humidity testing

Thermal shock test

Burn-In Test


6. Final calibration

7.2 Untested Prototype sensor:

1. Physical checks


3. Calibration

7.3 Sensor (production version):

1. Physical checks


3. Environment test at acceptance level

Random vibration test

4. Calibration

5. Final functional checks



7.4 Test Details

7.4.1 Physical Check

Measurement and verification of physical dimensions in

accordance with fabrication drawings.

Verification of electrical connections.

Compatibility test of sensing tip with LOX, LH2 & LN2.

7.4.2 Functional checks

Resistance measurement at 25°C (Ambient).

Measurement of insulation resistance @50V (wire to body).

Resistance measurement at 0°C.

Resistance measurement at 100°C.

7.4.3 Calibration

Each sensor has to be individually calibrated and details to be

attached as given below.

Temperature

range (K)

Output

Resistance (Ω)

Error Remarks

13 to 25 Intermediate step size 0.5K

25 to 70 Intermediate step size 5K





Temperature region such as 13 to 23 K has to be specifically

calibrated with an intermediate step of 0.5K.

Calibration method shall be clearly described on the technical

bid.



7.4.4 Environmental test at qualification level

7.4.4.1 Pressure hold hydro test

Parameter Version 1

Pressure 45MPa

Pressurization rate 10 bar/minute

Hold time 300 Sec

Depressurization rate 10 bar/minute

Expected result No leak on mechanical interface,

no physical deformation of sensing area

7.4.4.2 Leak test

Parameter Detail

Method Helium MSLD

Test location Threaded interface and connectors pins

Max allowable leak 1x10-6 std cc/sec

7.4.4.3 Vibration test

Sinusoidal vibration test levels:

Frequency

(Hz) Longitudinal Axis

Lateral Axes

(X&Y) Sweep rate

10 – 16

16 - 100

20 mm DA

10 g

12 mm DA

6 g

2oct /min

Random vibration test levels:

Frequency

(Hz) PSD (g²/Hz) ‘g’ rms Duration (s) Axis

20

60

250

1000

2000

0.002

0.002

0.138

0.138

0.034

13.5

120

All three

axes



7.4.4.4 Shock Test

Amplitude Duration Shape No. of shocks Axes

50 g 10 ms Half sine One/Axis/Direction All three

axes

7.4.4.5 Humidity test

To be conducted as per IS 8252 part III Grade B2.

7.4.4.6 Thermal shock test

This test is to be to determine the ability of the sensors to handle a

thermal shock and confirm the repeatability.

Sensors have to be subjected to LH2 (~20K) and brought back

to ambient (300K).

Resistance has to be logged before and after LH2 dipping.

Repeat the test for three times and log the results.

7.4.4.7 Burn-In Test

To determine the ability of the sensors to dissipate the heat

generated due to excitation current without causing degradation

in its performance and stability.

Verification of resistance at ice-point.

Keep the sensors inside a temperature chamber kept at 25⁰C.

Connect the stable excitation current of 5mA to a sensor for at

least 7 hours with data being acquired every 1 hour without

disturbing the sensors.

Disconnect the sensors from the current source and wait for 30

minutes.

Measure the final ice-point resistance of each sensor.



7.5 Environmental test at acceptance level

7.5.1 Pressure Hydro Test

Parameter Version 1

Pressure 30 MPa

Pressurization rate 10 bar/minute

Hold time 300 Sec

Depressurization rate 10 bar/minute

Expected result No leak on mechanical interface, no

physical deformation of sensing area

7.5.2 Vibration Test

Random vibration test levels:

Frequency

(Hz) PSD (g²/Hz) ‘g’ rms Duration (s) Axis

20

60

250

1000

2000

0.002

0.002

0.138

0.138

0.034

9

60

All three axes



8. VERIFICATION OF PERFORMANCE

The performance parameters will be compared before and after the

completion of all qualification tests.

Initial and final calibration results have to be compared.

Any deviation in performance, functional test, calibration & physical

specification is not acceptable.



9. DOCUMENTS/REPORTS

9.1 For Technical Bid

The technical bid should contain the following:

A preliminary engineering design report of the proposed sensors.

Details/datasheet of available sensor, only if modifications are proposed on an existing model.

Construction and assembly drawings of proposed sensor assembly.

Detailed list of sub-assemblies in the sensor with clear indication of source (in house fabrication/bought out/outsourced).

Material identified for the proposed items with reasons for selecting a particular material.

Facilities available with manufacturers or their test labs to test the sensor.

If required, IPRC engineers will visit the manufacturer’s site & test labs to assess the capability and infrastructure.

Details of Expertise in similar/equivalent works carried out by the party in the last 5 years.

Clientele, specifying the clients to whom they have executed works of nature similar/equivalent to that specified in this document. The address, telephone, fax, e-mail and contact person of the clients shall also be specified.

Quality Management System: If any bidder is certified for ISO 9001:2015 quality management system, a copy of the certificate by the accreditation agency shall be submitted.

Details of RTD temperature sensors already in production.

Calibration certificate on indented operating range, if available for Pt500 sensor.

Analysis reports to substantiate the manufacturers design on sensors.

Detailed NDT plan/reports proposed for the sensors at difference stages of manufacturing.

Any other supporting documents to substantiate the capability of the manufacturer to produce Cryogenic RTDs.



9.2 Price bid format

# Details Quantity Unit cost (Rs.)

1. Aerospace Cryogenic RTD Version1 (50mm) Development, production, qualification testing (samples), acceptance testing, calibration and supply.

600*

2. Aerospace Cryogenic RTD Version2(30mm) Development, production, acceptance testing, calibration and supply.

300

3. Aerospace Cryogenic RTD Version 3(100mm) Development, production, acceptance testing, calibration and supply.

100

*The quantity is inclusive of 10 of sample sensors.



9.3 Documents/Reports with Sample Sensor

All certificates and test reports to confirm the completion of tests

proposed in section 7.

Any other report on the activity/test included by DER.

9.4 Documents/Reports with Actual Sensor

Initial calibration test reports as per performance specification.

Vibration tests for random patterns upto acceptance level.

Pressure test upto acceptance test level.

Visual inspection report before and after vibration tests.

Final calibration test report after vibration test.

Dimension inspection report including interfaces.



10. SHIPMENT/SCOPE OF SUPPLY

Each sensor shall accompany a connector, copy of instruction

manuals for installation, operation & maintenance.

Particularly, delicate items like sensing tip shall be further protected

from shocks to guarantee perfect stability during transport, by means

of foam, rubber or other similar materials.

The manufacturer shall ensure the supply of all items to site without

any damage.



11. CODES, STANDARDS & REFERENCE SPECIFICATION

All items supplied shall confirm to the latest issues of relevant

statutes, standards and codes including addenda, revisions and

supplements published upto the date of contract award. The sensor

shall conform to the state-of-the-art and rules for good workmanship.

Any deviation from this tender requires the approval of purchaser.All

the materials supplied or used shall be new and of first quality and

manufactured and tested in accordance with the latest editions of

the relevant Indian/ International standards. Wherever imported

components are used, they shall be manufactured in accordance

with the relevant standards published in the country of

manufacture after allowing for specific aspects under Indian

conditions such as tropical climate, etc. Any material or work,

where no specific standard is applicable, shall be fabricated as per

the instructions and directions of the Department.



12. GENERAL TERMS & CONDITIONS

12.1 Warranty:

The manufacturer shall provide warranty for the production sensors

for a period of 12 months from the date of final acceptance at the

Department’s site.

12.2 System Performance:

The Manufacturer shall provide warranty for performance of the

sensors under the PO as per the specifications. The Department

reserves the option to reject the defective sensors on receipt at IPRC

store and when this option is exercised by the Department, the

manufacturer shall replace the rejected sensors by new ones at their

own cost or rectify the fault, to the Department’s satisfaction within 3

months.

Department decision with respect to replacement/rectification of

sensors shall be final and binding. In the event of rejection in

production lot, in order to minimize the consequential losses, it shall

be noted that if the faulty sensor has not been accepted and not taken

over by the Department; the responsibility for such short

performance of the sensor entirely lies with the manufacturer.

12.3 Security Deposit:

The manufacturer shall submit Security Deposit (SD) in the form of

bank guarantee from any nationalized/scheduled bank approved by

RBI for 10% of the PO value within 30 days upon award of the

PO/contract. This deposit is to ensure satisfactory execution of the

PO/contract. The SD shall be valid upto final acceptance of sensor in

production phase.



12.4 Performance Guarantee

On completion of manufacturing of the sensors and acceptance of the

same by the Department, the manufacturer shall provide

“Performance bank guarantee” equivalent to 10% of the annual batch

supply value and the same shall be valid till the expiry of warranty

period of 12 months and sixty days beyond. The manufacturer shall

furnish performance guarantee in the form of a bank guarantee from

any nationalized/scheduled bank approved by Reserve Bank of India

(RBI) to the extent of 10% of the PO value valid during the

performance guarantee period plus 2 months claim period.

12.5 Cancellation of contract

The Department will have the right, at any time, to cancel the order

either wholly or in part by giving written notice one month in

advance. The manufacturer shall undertake to observe the

instructions of the Department as to the winding up of the order.

In the case of cancellation of the order by the Department without

any fault of the manufacturer, the manufacturer shall forthwith take

the necessary steps to implement the Department’s instructions. The

period to be allowed to implement shall be fixed by the Department

after consultation with manufacturer and, in general, shall not exceed

3 months.

The Department will, in no circumstances, be liable to pay any sum

which, when added to the other sums paid, due or becoming due to

the manufacturer under the PO and its amendments, if any, exceeds

the order payment for the work set forth in the order and its

amendments, if any.

The Department will pay to the manufacturer as per the quoted

price in the PO/contract for delivered and accepted sensors by the

Department.



12.6 Manufacturer’s Default Liability

12.6.1 The Department shall reserve the right to terminate the order in

the circumstances detailed here under:

a. If the manufacturer fails to rectify or replace any defective

sensor within 3 months after the Department having given a notice

to the manufacturer to rectify, replace the defective sensor or the

delays, suspends or is unable to complete the work by the date

mutually agreed upon.

b. If the manufacturer commits breach of any of the terms and

conditions of the PO.

12.6.2 When the manufacturer makes themselves liable for action under

the circumstances mentioned above, the Department will have

power to invoke the bank guarantee of manufacturer and the

manufacturer shall have no claim for damages whatsoever on such

invoking.

12.6.3 If this work happens to be terminated as provided in this clause

the Department, in addition to any other right provided in this

article, may require the manufacturer to change the title and

deliver to the Department in the manner and as directed by

Department.

a. For the work completed detailed

b. Such partially completed work, drawings, information, which

were specifically produced/acquired for the performance of the

work under this contract.

12.6.4 The Department will pay to the manufacturer as per the quoted

price for the work completed, delivered to and accepted by the

Department and for manufacturing materials delivered and

accepted by the department. For any partially completed work

delivered to and accepted by the Department, payment will be

made at mutually agreed prices. After termination of the order,

the balance items of work shall be executed by the Department

at their discretion through other agencies. In such cases, clause

no. 12.6.3 shall apply.



12.7 Changes and Modifications to Specifications and Qualitative

Requirements

The Department shall reserve the right at any time to modify the

qualitative requirements, specifications or drawings related to the

work covered by the P.O. The manufacturer shall inform to the

Department within 30 days, of any objections they have to the

modifications required.

The Department may also accept the modification proposed by the

manufacturer on his own initiative as a result of detailed engineering

review.

12.8 Material Insurance

No insurance is to be taken at department cost.

12.9 Sub-Manufacturing

The manufacturer shall assign or sub-contract any part of the work

only with the written approval of the Department. However the

responsibility of such sub-manufactured systems shall lie with the

manufacturer. Any defect/delays in carrying out the work by the sub-

manufacturing which affects the overall quality of the work does not

absolve the manufacturer from payment of compensation for the

defects. All terms and conditions applicable to the manufacturer shall

also be applicable to sub- manufacturing.

12.10 Confidentiality, Secrecy & Patent Rights

The technical information, drawings, specification and other related

documents forming part of the RFP or contract are property of the

Department and shall not be used for any other purpose except for

execution of the contract. All rights, including the rights in the event of

grant of a patent and registration of designs, are reserved. Sharing of

IPRC shall be mutually agreed upon between the Department and the

manufacturer.

The manufacturer shall undertake to deem any confidential

information related to the contract or submitted under its conditions



and to use such information only for the purpose of the contract and

also shall not allow any disclosure of the information therein.

The technical information, drawings, specifications, records and other

documents shall not be copied, transcribed, traced or reproduced in

any other form or otherwise in whole and/ or duplicated, modified,

divulged and/ or disclosed to any third party and not misused in any

other form whatsoever by the contractor without the Department’s

consent in writing, except to the extent, required for the execution of

this contract. In this case, the third party shall undertake in advance

the obligations and restrictions set forth above.

The contractor shall undertake not to issue any communiqué

concerning the contents of the project without obtaining prior written

consent from the Department.

The contractor shall get written obligation on maintaining the

confidentiality from their Sub-vendors.

In the event of violation of the conditions of confidentiality, the

contractor shall be liable to take all actions, in accordance with the

laws of India, for settlement of dispute with the third party and shall

bear all losses and expenses, arising in connection with the aforesaid

settlement.

This confidentiality clause shall not apply to the information which

may be mandated to be disclosed by law or at the request of the either

Party’s Government agency.

This confidentiality clause shall not apply to the technical

information, drawings, specifications and other related documents

delivered by contractor under the contract, which shall be treated as

property of the Department.

The contractor shall classify the technical information such as

reference documents, design results, software codes & program

which are proprietary in nature while sharing with Department

during Detail engineering. The confidentiality clause shall be

applicable to the Department for such documents.



The manufacturer shall fully indemnify the Department against any

action, claim or proceedings relating to infringements or use of any

patent or any design or any alleged patent or design rights by the

manufacturer towards the execution of work under this contract and

shall pay any royalty which may be payable in respect of any claims

made under or any action brought against the Department. In respect

of such matters as aforesaid, the manufacturer shall be set at liberty,

at their own expense, to settle any dispute or to conduct any litigation

that may arise there-from. The manufacturer shall not be liable to

indemnify the Department on the infringement of the patent or

design or any alleged patent or design right which is the direct result

of an order passed by the Department.

12.11 Force Majeure

Neither the Department nor the manufacturer shall be considered in

default in performance of the obligations under the terms of this

agreement, from the happening of the event and the notice to be

served if such performance is prevented or delayed for any cause

beyond the control of the party affected, such as war, hostilities,

revolution, riots, civil commotion, strikes, lock-outs, epidemic, fire,

accidents, floods, earthquake or because of any law and order,

proclamation or regulation or ordinance of any government thereof

or because of any Act of God, provided notices in writing of any such

cause with necessary evidence that the obligation under the

agreement thereby affected or prevented or delayed is given within

30 days. As soon as the cause of Force majeure ceases to exist, the

party whose ability to perform its obligation has been affected, shall

notify and establish to the other party, the actual delay occurred with

documents to substantiate the same.



12.12 Arbitration

Except matters in respect of which the decision of the Department is

final as specified in the PO, any dispute, disagreement or question

arising out of or relating to or in consequence of the work or fulfilment

or the validity of the enforcement thereof which cannot be settled

mutually, shall be referred to arbitration within 30 days from the date

that either party informs the other in writing that such dispute or

disagreement exists, be referred to arbitration. The arbitration

proceedings shall be in compliance with the Arbitration and

Conciliation Act 1996. The performance under this work shall

continue during the arbitration proceedings and no payment due or

payable by the Department will be withheld unless any such payment

is or forms part of the subject matter of the arbitration proceedings.

All expenditures towards arbitration shall be equally shared by both

the Parties, unless otherwise directed by the arbitrators.

12.13 Assignment

The work shall be binding upon the successors and the assignees of

the manufacturer. It shall not be assigned in whole or in part without

prior written consent of the department. If the manufacturer becomes

insolvent or being a firm or a company whether incorporated or not is

dissolved or goes into bankruptcy or is caused to be wound up except

for re-construction purposes or carried on its business under a

receiver, the representatives in law of estate of the manufacturer or

any such receiver, liquidator or any person in whom the agreement

may be vested shall forthwith give notice thereof in writing to the

Department and shall remain liable for the successful performance of

the manufacturer or the successors of their obligations under this PO

under any circumstances.

12.14 Jurisdiction and Applicable Law

The work shall be governed by the laws of India in force. The courts of

the state of Tamil Nadu, Tirunelveli only shall have jurisdiction to deal

with and decide any legal matters or dispute whatsoever arising out of

the work.



12.15 Execution of Work

The specifications of the work are intended to describe and provide

for a finished system. It is to be understood and agreed by the

manufacturer that the work described shall be complete in every

detail, even though every item necessarily involved is not particularly

mentioned. The manufacturer shall complete the production of sensor

in every respect in accordance with the contract and directions and

satisfaction of the Department.

12.16 Rights of the Department

Right to illustrate and explain plans

The various parts of the PO are intended to be complementary to each

other but if any discrepancies appear or any misunderstanding arises,

the explanation of the Department in line with the any of the existing

clauses or conditions in the manufacturer will be final and binding.

The corrections of any errors or omissions of specifications may be

made by the Department, when such correction is necessary to bring

out clearly the intention which is indicated by a reasonable

interpretation of the specifications as a whole.

12.17 Reporting

The manufacturer must report the following information to the

Department by the end of every month during the work.

Progress achieved.

Expected dates for completion of individual works.

Any actual or likely delay in the execution of work

12.18 Prices and Payment Terms

The bidder shall quote firm and fixed prices valid from production and

final acceptance of the sensors to the satisfaction of the Department.

All taxes, levies like octroi, duties, royalties, permits charges, etc.

levied by any Central/State, local or other Governmental authority,

which the manufacturer is required to pay in any country as well as in

India with reference to fabrication, purchase, transportation upto the

delivery point stated in this document shall be quoted separately.



Prices shall be quoted on per unit basis for sensors design, fabrication,

testing, calibration and delivery, please refer price bid format.

Department is eligible for concessional rates of GST for supply of

goods and duties of customs. Exemption certificate for availing

concessional GST/Duty rates shall be issued on written request before

supply.

Pro rata payment is recommended to accommodate batch production

and supply.

12.19 Taxes and Duties

Wherever prices quoted are excluding taxes and duties, Department

will reimburse all taxes and duties at actual as per the prevailing rates

for those materials which are directly consigned to IPRC Mahendragiri

and for the services provided by the manufacturer against

documentary evidence.

Rates of taxes applicable for each item of work/service shall be

clearly specified in the tender.

12.20 Compensation for Delay (Liquidated Damages):

Due to reasons not attributable to Department, if the manufacturer

fails to complete the work or fails to meet delivery date within the

time specified in the manufacturer or any extension thereof, the

department will recover for the undelivered portion of the order

value per week subject to a maximum of 10% of the order value

from the manufacturer as Liquidated damages (LD) a sum of 0.5% of

the total value of the manufacturer for each calendar week of delay

or part thereof.