HINDUSTAN ANTIBIOTICS LTD(A Govt. of India Enterprises)

PIMPRI, PUNE – 411 018.

ANNEXURE – II

GENERAL TERMS & CONDITIONS

1. VALIDITYBids/Tenders shall be valid for acceptance to at least 3 months (three months) from the closing date of tender.

2. RATES / PRICESUnit rate of the items shall remain firm without any escalation on any account during the contract period & the same shall be applicable for the extended period of contract. Rate shall include all labor, materials & all applicable taxes in maternal & on work-contract.

3. For the successful tendered this tender document along with all general terms & conditions shall part of the contract.

4. SECURITY DEPOSIT

4.1) The successful tendered will have to pay an amount equal to 10% of the tendered amount as security Deposit for the satisfactory completion of the work.

4.2) Security Deposit will also accepted in the form of Bank Guarantee equivalent to 10% of the work order value valid for 12 months beyond the date of completion of the job covering the performance guarantee period.

4.3) Security Deposit will not carry any interest & will not be accepted in the form of cheque.

4.4) Security Deposit for 10% of the W.O. value will be retained for a period of 12 months from the date of completion of the job against satisfactory performance of the job executed by the contractor as a ‘performance guarantee.’

5. REFUND OF SECURITY DEPOSIT:Security Deposit less all deductions, if any shall be refunded to the contractor on issue of completion certificate i.e. after 12 months from the date of compaction of allotted contract job.

6. TIME SCHEDULE OF WORK.

6.1) Contractor will have to submit detailed phased time schedule for completion of entire work under this contract before start up of the work & shall adhere to the time schedule prepared by him in joint consultation with Engineer I/C.

6.2)Contractor shall submit progress report once in a week.

6.3) Job priority shall be decided by the Engineer-in-charge.

6.4)Contractor shall attend any urgent work as per decision of the Engineer-in-charge. If contractor is unable or unwilling to carry out the same. Engineer-in-charge may at his own or through other agency carry out the same as he may consider necessary Expenses Incurred on it by HAL shall be recoverable or shall be adjusted or set off against any sum payable to contractor.

7. COMPLETION PERIOD:

7.1)Completion period of individual independent job which is a part of entire work shall be stipulated in the instruction book by the Engineer-in-charge & shall be strictly adhered to.

7.2) Completion period of the entire work shall be counted from the date of placement of HAL’s work order on successful contactor, which shall be of (ONE) month.

8. ASSIGNMENT / SUBLETTING The contractor shall not assign or sublet whole or any part of the work order except with prior approval of HAL in writing.

9. DRAWING & DESING9.1) DRAWINGHAL will supply required RCC/ Architectural Drawings etc.

9.2) HAL shall have power to make any addition / alteration / omission to the drawings, design which may appear to be necessary during progress of the work. Such alterations shall not invalidate the contract.

9.3) Contractor shall return all documents, drawings supplied to him after completion of the job.

10. DOCUMENTATION

Contractor shall furnish to HAL all necessary test certificates for reinforcement / structural steel / concrete cubes, invoices, cash-memos of materials brought for the work, as & when demanded by HAL at his own cost.

11. EMPLOYMENT OF LABOUR, SUPERVISORY STAFF11.1)Contractor shall engage at least one qualified Graduate / Diploma Holder Engineer at site fully or part of the day for supervising the works under this contract.

11.2) The proposed site set-up for execution of the work shall be indicated along with the TENDER.

12. LAND FOR STORAGE / OFFICE SAPCE.Contractor shall construct necessary storage space at his own cost on an open land with prior approval of HAL & shall demolish the temporary structure built by him after the work is over. He shall remove all debris & clear off the site at his own cost, failing which it will be cleared by HAL at

the risk & cost of the Contractor.

13. FILED ORDER BOOK13.1) Contractor shall keep field-order book at site of the work to receive instructor s/ order issued by HAL Engineers or Engineer-in charge. Contractor shall sign against all orders as token of having noted the said orders.

13.2)The book shall be the property of HAL.

14. SECURITY RULES / ENTRY PERMITS.

14.1)Contractor & his employees shall follow strictly the security rules of HAL. Contractor shall make his own arrangements to get entry permits daily to his workers at the Entry-Gate of within the time allotted for permits.

14.2)Contractor shall carry out work during factory Hours only & shall obtain prior permission to work beyond factory hours as on holidays.

14.3) Contractor shall abide by the restrictions due to continuous process of factory, security, safety & fire preventions.

15. SUPPLY BY HAL

15.1) ELECTRICITYHAL will supply electricity free of cost at one point only. Contractor shall make his own arrangement for further

distribution at his own cost as per Indian Electricity act 1910 & rules modified thereafter from time to time under supervision of qualified electrical engineer.

15.2) WATER Water shall be supplied by HAL on chargeable basis. The charges shall be 1% of billed amount of the items for which water is consumed.

16. SUPPLY OF MATERIALS BY CONTRACTOR16.1)Contractor shall bring good quality materials. HAL shall have the right to carry out inspection, conduct tests construction items at supplier’s works. Materials shall not be dispatched unless they have finally inspected by HAL & authorized in writing for materials like steel, tiles, doors, windows frames, teak wood, plumbing fixtures, fittings etc.

16.2)Inspection of materials at supplier’s works will not relieve contractor of his own contractual obligations for confirming to the relevant specifications under the work order.

16.3) All testing charges shall be borne by the contractor.

17. SECURITY OF MATERILAS

HAL assumes no responsibility for any security against pilferage, thefts damages to contractor’s tools, & construction materials, even though security department of HAL will exercise normal security measures within the factory premises.

18. WORKMANSHIP

18.1)Entire work shall be strictly in accordance with standard P.W.D. specifications & with established Engineering practices, applicable Indian standards & codes.

18.2)Any work considered defective by HAL, then contractor shall have to take necessary remedial measures to make the defects good at free of cost, to HAL

18.3) Contractor shall be responsible for proper workmanship & shall not be relieved on the ground that no objection was raise by HAL during the progress of the work.

18.4) Workmanship guarantee period shall be 12 (twelve) month from the date of commissioning or from the date of completion whichever is later. Any defect due to bad workmanship, shall be the contractor at his own cost within reasonable time of workmanship guarantee period for such notified portion would commence from the subsequent date of repairs (for 12 months after rectification)

19. ACTION IN CASE OF BAD WORK

19.1)If contractor fails to rectify the bad work as specified in whole or in part within the reasonable time, HAL will rectify (remove / re execute) the work at the risk & cost of the contractor and shall be recoverable from the bills payable to contractor.

20. TERMS OF PAYMENT

20.1)No advance paymentNo advance payment shall be made to the contractor for any material supply, such as steel, pipes etc.

20.2)Quantities indicated in the scheduled of work are approx & may vary during actual execution to any extent. Contractor shall not claim any extra compensation on account of this.

20.3) Contractor shall have on claim for any interest / compensation due to delay in payment of his bills, refund of security deposit for any amount with HAL due to any dispute between HAL & contractor.

20.4)ON ACCOUNT payment shall not be considered as evidence that the item is executed for its quality of work is executed satisfactorily.

20.5)Any item, during its execution if found to be substandard, Engineer in charge will consider it reasonable to pay the relevant item are reduced rate.

21. EXTRA ITEM CLAIM

21.1) Any extra item likely to crop-up shall be brought to the notice of Engineer-in-charge by the contractor before its execution.

21.2)Extra item rate shall be arrived on the rates of similar items wholly or partly from other sub-works or from the rates of current P.W.D. schedules of rates. If the contractor can find suitable basis for rate, then be shall prepare the rate analysis on the basis of market rate & support the same by documents & shall charge 15% over material, labor charges as his overheads & profits.

22. DEDUCTIONS THROUGH BILLS

HAL shall make following deductions through contractor’s running & final bills.

a) Water charges at 1% of the billed & cost of item for which it is used.

b) Income tax at the rate of 2.3% of running bill amount

c) Any deduction in accordance with contract conditions.

23. RETURN OF SURPLUS/DISMANTLED MATERIAL OF HALMaterial issued to contractor by HAL, shall be used by contractor economically & solely for the purpose of contract work only & shall return all surplus un-serviceable, dismantled materials after completion termination of contract.

24. PERFORMANCE GUARANTEE

24.1)Contractor will have to Guarantee the entire work carried out by him to perform in accordance with STANDARD SPECIFICATION FOR MATERIALS WORKMANASHIP, & free from all defects for a period of 12 months the date of completion of entire work.

24.2)Any item of work if proved defective within the performance guarantee period of deficiency /defect. If

contractor fails to take corrective action to replace/repair the defect deficiency, within 15 days from HAL’s notification to this effect HAL shall be free to take such corrective action & such cost shall be recoverable from the security deposit or any other sum of the contractor due with HAL.

25. DELAY IN COMPLETION

If the entire work (in case of Term contract or individual job) is not completed within stipulated time (in case of Term contract the specified time for delay as per the instruction book,) HAL at their option may either.

a) Recover from the contractor, the liquidate damages at the rate of 0.5% of the total order value (in case of term contract 0.5% of the individual job) for every week or part there of delay subject to a maximum of 5% on complete value of the work portion of work of the total order value / individual job value if work completed beyond stipulated period .

and

b) Terminate the work order wholly or partly or complete it wholly or partly by re-assigning terminated wholly or partly or complete it wholly or partly by re-assigning to another contractor. Any extra expenditure incurred thereby will be recoverable from the contractor against whom the order is cancelled. Manner & Method of carrying out the undone out the undone work shall be at the discretion of HAL.

26. EXTENSION OF COMPLETION PERIOD

26.1)If contractor desires extension of time limit for completion on account of unavoidable hindrances in its execution, he shall apply in writing to HAL & HAL may at its absolute discretion authorize such extension of time limit.

26.2)If contractor fails to complete the job or the works with in extended time allowed on account of his negligence, HAL, shall be entitled without prejudice to any other to appropriate the contractor’s security Deposit irrespective of the fact whether or not actual damage is caused by such defaults.

27. HOLDS OF WORK

Contractor shall not be entitled to claim any, compensation whatsoever on account of holds brought on part of the works during execution, contractor shall take such activities for execution only after the said HOLD is withdrawn by HAL.

28. RESOLUTION OF CONFLICTS

All conflicts regarding application of specification, codes, and regulations shall be listed & referred to HAL for clarifications before proceeding with construction parts.

29. UNILATERAL STOPPAGE OF WORK

Unilateral stoppage of work by the contractor, shall be considered as breach of contract & HAL reserves the right to take such action as it may deem fit keeping its interest paramount.

30. ARBITRATIONIn the event of dispute/difference between two parties

a) Dispute shall be resolved by mutual consultation.b) Unresolved dispute shall be referred to managing

Director HAL on his authorized representative who will be the sole arbitrator & his decisions will be binding on parties of the dispute.

31. FORCE MEASURE

31.1) Neither the contractor nor HAL shall be defaulter, if the performance of their obligations under this contract is prevented/delayed on account of strikes, war, proclamation, regulation, any act of GOD, etc. in case of such eventuality leading to force measure, HAL shall have right to cancel the order within 60 days from the date of such assurance, without any liability to make any payments.

31.2)Contractor shall give notice to HAL within 7 days from the date of occurrence of such eventuality failing which HAL shall not consider delays on account of above reasons.

32. JOB PROGRESS & QUALITY

32.1)In case the work does not progress to the satisfaction of the aforesaid Engineer in charge of works of H.A. Factory or the quality of work is not approved by him, the company shall have the right to terminate the contract & any loss, damages, etc. suffered by the company on account of unsatisfactory progress of work or quality, may be recovered by the company from the contractor.

32.2)In case contractor leaves the above work unfinished, the assessment by the aforesaid Engineer-in-charge of the percentage of work completed will be final & binding on the contractor.

32.3)The quantity of work indicated in the tender/schedule is only approx contractor shall not entitle to claim any escalation on account of this.

33. TERMINATION OF CONTRACT OWING TO DEFAULT OF CONTRACTOR

33.1)If the Contractor :i) Becomes bankrupt or insolvent, orii) Make an arrangement with or assignment in favour of

his creditors or agree to carry out the contract under a committee of inspection of his creditors, or

iii) Being a company or corporation go into liquidation (other than voluntary liquidation for the purpose of amalgamation or reconstruction) or,

iv) Have an execution levied on his goods or property on the works or

v) Assign the contract or any part there of otherwise than as provided in clause 20 of these conditions, or

vi) Abandoned the contract, orvii) Consistently disregard the instruction on HAL or any

provision of the contract or, viii) Fail to remove materials from the site or to pull

down & replace work after receiving from HAL notice to the effect that the said materials or work have been condemned or rejected, or

ix) Fail to adhere to the agreed programme of work, orx) Fail to take steps to employ competent or additional

staff & labour as required or,xi) Fail to afford HAL, representative facilities for

inspecting the works or any part thereof as required under clause 9.0 of these conditions, or

xii) Promise, offer or give any bribe commission, gift or advance either himself or on their behalf in relation to the execution of this or any other contract with HAL, then & any of the said cases, HAL may seven the contractor with a notice in writing to that effect. If the contractor does not within seven (7) days after delivery to him of such notice proceed to make good & carry on the work or comply with such directions, as aforesaid to the entire satisfaction of HAL shall be entitled after giving 48 Hours notice in writing to removes the contractor

from the whole or any portion (as may specified in such notice) of the works without there by avoiding the contractor or releasing the contractor from any of the obligations or liabilities under the contract & adopt any or several from any of the following courses.a) Rescind the contract of which rescition notice

in writing to the contractor shall be the conclusive evidence in which case the ‘Security Deposit’ of the contractor shall stand forfeited to HAL without prejudice to HAL’s right to recover from he contractor any recover from the contractor any amount, which the cost of completing the works by any other agency shall exceed the value of he contract.

b) To carry out the works or any part thereof, by the employment of the required labour or materials the cost of which shall include land, lift freight, supervision & all incidental charges & to debit the contract or with such costs, the amount of which is certified by HAL, shall be finalized binding upon the contractor & to credit the contractor with the value of works done as if the works have been carried out by the contractor under the terms of the contract & the certificates of HAL in respect of the amount to be credited to the contractor shall be final & binding upon the contractor.

c) To measure up the works executed by the contractor & to get the remaining work completed by another contractor in all respect in which case any expenses that may be incurred in excess of the sum which would have been paid him under the terms of the contract the amount of which excess certified by HAL shall be final & binding upon the contractor shall be done, borne & paid by the contractor and may be deducted from any money due to him by HAL, under the contractor or otherwise or from his Security Deposit. Provided always that in any case, in which any of the powers conferred upon HAL by sub-clause: (1) of this clause shall not be exercised upon non-exercised thereof and shall not constitute and waived any of conditions thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the contractor for

which his liability for past and future shall remain unaffected.

33.2) Right of HAL after recession of contract owing to default of the contract:

In the event of any or several of the courses, referred to in sub clause (35.1) of clause being adopted.

a) The contractor shall have no claim to compensate for any sustained by him by research of purchased any materials or entered into any commitment so made any advance on account of or with a view to the execution of the works or the performance of contract & Contractor shall not be entitled for payment against work actually performance under the contract unless & until HAL shall have certified the performance of such & the value payable in respect thereof & the contractor shall only be entitled to be paid the value so certified.

b) HAL its representative shall be entitled to take possession of any materials, tools implements, machinery & building on the works or on the property on which these are being or ought to have been executed & returned & employed the same in the further execution of the works without the contractor being entitled to any compensation for the use & employment thereof or for wear & tear of destruction thereof.

c) HAL shall as soon as may be practicable after removable of the contractor fix & determine experts or after reference to the parties or after such investigation or enquiries as they may consider fit to make or institute & shall certify that amount (if any) had at the time of recession of the contract been reasonably accured to the contractor in respect of work actually done by him under the contract & what was the value of unused or partially used materials any constructional plant & temporary works site. HAL’s decision in this regard shall be final & binding upon the contractor.

d) HAL shall not be liable to pay the contractor any amount on account of the contract until the expiration of the period of maintenance & thereafter until the cost of completion & maintenance , damage for delay in completion (if any) & all other expenses incurred by HAL have been ascertained & thereof certified by HAL. The contractor should then be entitled to receive only

such sum or sums (if any) as HAL may certify, would have been due to him upon due completion by him by deducting the said amount but if such amount shall exceed the sum which would have been payable to the contractor, the contractor upon demanded pay to HAL the amount of such exceeds & it shall deemed to be debt due by the contractor to HAL & shall be recoverable accordingly.

34. The contractor shall do the above mentioned work during the regular working hours of H.A. factory, generally between 8.00 am to 4.30 pm under the supervision of Engineer – in charge of works of H.A. Factory or his representatives. The contractor will take all instruction & directives from him & abide by him.

35. In case of death of any labor or any member of his staff while at work, the contractor shall be solely & entirely liable to pay compensation to his legal representative under the Factory Act or fatal Accident Act. If for any reason whatsoever the company is required to pay, than the company is entitled to be reimbursed by the contractor & will be entitled to deduct this amount from the contractor’s bills without prejudice to the other remedies or recovering this amount from the contractor.

36. Likewise the contractor is solely & entirely responsible & liable to pay compensation to any laborer or member of his staff if he claims damages for any injury sustained by him in the course of construction work. If for any season whatsoever, the company is required to pay, the company is entitled to be reimbursed by the contractor’s bills without prejudice to other remedies of recovering the amount from the contractor.

37. Smoking in the factory premises is not allowed. If any of the contractor’s workmen are found smoking inside the plant, the contractor whom the workmen belong shall be held responsible for breach of rule & also the damage that may take place. The labor under your contract may please be instructed not to carry match. Box bidees, cigarettes etc. inside the plant, which please be noted.

38. The contractor shall take all precautionary measures when even they are working in any plant building or near any vitally important installation. In such case they must observe all the instructions give by the officer-in-charge of plant/installation. At the end of every day they must clean the working area, remove & dispose off all the debris at the proper place, indicated by the officer-in-charge of the plant.

39. The contractor shall bring all the equipments, tools. Tackles & the material required for their works. No contractor shall unauthorized & without the prior permission of the competent authorities use HAL’s material. Non compliance of these guidelines by the contractor will amount to breach of contract & liable for suitable action at the discretion of the company.

40. CHANGE IN CONSTITUTION OF CONTRACTOR’S FIRMi) Where the contractor is a partnership firm, a

New partner shall not be introduced in the firms except with the previous consent in writing from HAL, which may be granted only upon execution of a written undertaking by the new partner to perform the contract & accept all liabilities incurred by the contractor’s firm under the contract prior to the date of such undertaking.

ii) On the death or retirement of any partner of the contractor’s firm, before complete performance of the contract, HAL may at its opinion cancel the contract & in such case, the contractor shall have no claim, whatsoever to compensation against HAL.

iii) If the contract is not determined as provided in sub clause (ii) above not withstanding the retirement of a partner from the firm he shall continue to be liable under the contract from all acts of the firm until a copy of the public notice given by him under section 32 of the Indian Partnership Act has been sent by him to HAL by a Registered Post Acknowledgement due.

41. STATUTORY OBLIGATIONS

41.1) Contractor shall fully comply with all the applicable statutory labour laws enacted by Govt. including the contract labour (Regulation & Abolition) Act 1970, Factories Act, 1948.

41.2)Contractor shall maintain following registers at site :a) Muster-cum-wage register b) Leave Registerc) Over Time Registerd) Leave with Wage Register

41.3) Wage rates payable to contract labour should not be less than the minimum wages prescribed under the Minimum wages Act. They shall be given wage 41.4) Contractor shall furnish to the Engineer-in-charge all the information in duplicate as per the contract labour Act, 1970 before submitting the bill & also by 31st December of the calendar year.

42. PATENTS

The contractor shall identify & hold harmless HAL from & all against all claims, liabilities, loss, damage or expense, including counsel fees arising from or by reason of any actual or claimed trademark, patent or copyright infringement or any litigation based thereon with respect to any of the items covered by the order & such obligations shall survive acceptance of any payment for the items.

In the event of award of contract, I agree to abide by all the conditions stipulated above against Sr. No. 44.

Signature of the Contractor Seal

ANNEXURE – III

HINDUSTAN ANTIBIOTICS LTD,PIMPRI, PUNE – 411018.

STATUTORY & MISC LIABILITIES OF THE CONTRACTOR.

1.Contractor agrees to indemnify the Management (i.e. Principal Employer)that it will be solely & entirely responsible to comply with & abide by all the statutory provision as & when applicable under various labour & Industrial Law enacted by the Government like contract Labuor (Regulation & Abolition) Act 1970;payment of wages act 1936, Factories Act 1948;Provident Fund Act 1952; Employees State Insurance Act, Minimum wages Act, Workmen Compensation Act 1923 & rules with subsequent amendments in force at that time.2.Contractor’s undertakes the responsibility that it shall pay wages to his contractor labour’s every month on or before the 10 th of each succeeding month as per rules, in the presence of Company’s Representatives appointed for this purpose.3.Contractor shall maintain registers & record as required under various labour & industrial laws & the rules made there under as & when applicable. Agency shall furnish these registers & records to the Management every month of whenever asked for .4.Contractor shall “ Indemnify ” HAL against all claims which may be made under the above said acts on accounts of any compensation payable to contractor’s labour whether in the employment of contractor or not .Similarly contractor shall ensure that working hours, fixation of wages, working condition are to be followed as stipulated in the license.5.If under any circumstances what so ever HAL is held responsible in any manner what so ever for payment of compensation to contractor’s laborer for default or omission of commission of contractor; when HAL is entitle ed to be reimbursed by the contractor along with all expenses, costs claims etc.6.Contract work will be supervised by the contractor 7.Contractor shall be fully responsible for the safety of his workmen / employees. Contractor shall extend insurance cover to his workmen / employees at his own cost under Group Insurance scheme & E.S.I. scheme . In any case , it shall be the sole responsibility of the contractor to per liability / compensation in the event of contractor while working at HAL Premises. 8.Contractor shall strictly follow HAL’S safety & security roles & regulations.

Signature of Contractor with Seal & date

ANNEXURE – IV

HINDUSTAND ANTIBIOTICS LTD(A Govt. of India Enterprises)

PIMPRI, PUNE – 411 018.

SAFETY CLAUSES FOR CONTRACT JOBS:

1. The contractor shall be fully responsible for the safety of his workman/employees. He shall follow all instructions and directions issued from time to time by ‘Fire & Safety’ Department of H.A. Ltd.2.The contractor shall ensure his workman / employees under Group Insurance / E.S.I., Schemes, as applicable under the statutory Rules in any case. It shall be the sole responsibility of the Contractor to pay Accident Compensation and contractor shall indemnify HAL in this regard.3. Any accident occurring in the factory premises to contractor’s workmen / employees shall be verbally reposted by the Contractor to ‘Fire & Safety’ Department immediately and later in writing in Accident Report Format within 24 Hours through respective department by whom the contractor is employed.4. The contractor shall provide necessary protective Clothing, Safety appliances and ‘First Aid’ boxes for his workmen for their safety.5. The contractor shall assist the ‘Fire & Safety’ Department of HAL in carrying out the investigation of accident, enquiry and implementation of safety measures.6. The contractor shall be responsible for complying with all prevailing Statutory Rules / Regulations in respect of the Safety of his workman /employees, e.g. Workman Compensation Act / E.S.I. Act, Contract Labour Abolition ^ Regulation Act, Factories Act, Etc.7. The contractor shall strictly observe ‘No Smoking Regulation’ inside the Factory. He shall obtain work permit for all hot works, i.e. welding, gas-cutting job, lighting lire for heating purpose, etc. inside the factory premises before taking-up execution.8. In case of Failure shall not roll gas cylinders on the ground/road under any circumstances. The contractor shall use a suitable trolley for transporting cylinders from one place to another place within the factory premises.9. In case of Failure to observe / comply with above mentioned Safety Clauses, the contractor shall be liable to pay penalty for each such act of default to HAL. If number of said Acts of default exceed during the period of contract or one in a year HAL shall be entitled to terminate the contract or debar the contractor for entering into business with HAL for a period of the one year. If the default is of serous nature, the contract shall be terminated immediately and HAL shall be entitled to claim liquidated damages from the contractor.

Signature of Contractor with Seal & dateANNEXURE – V

INSTRUCTIONS TO TENDERERS

1) The following expressions used herein and the attached tender documents shall have the meaning indicated against each of them.

1.1) Singular & Plural :Where the context requires, words importing the singular only also include the plural and vice-a-versa.

1.2) Heading & Marginal notes to Conditions :Heading & Marginal Notes to those general conditions shall not be deemed to form the part thereof or be taken in to consideration in the interpretation or constriction thereof or of the contract.

1.3) HAL shall mean Hindustan Antibiotics Ltd., Pimpri, Pune – 411 018. Maharashtra State or the officers of the Hindustan Antibiotics Ltd., including the Engineers/Executive in charge of the works or other Engineer or representative duly authorized to deal with any matter which THESE PRESENTS are concerned on its behalf.

1.4) Employer shall mean HAL.

1.5) Contractor shall mean the individual or a firm or a company whose lenders have been accepted and to whom a letter of intent has been issued & accepted or who enters into an agreement or a contract with HAL & shall include their executors, administrators, successors & permitted assignees.

1.6) TENDERER shall mean the person or the firm or corporation who has submitted the tender in response to HAL’s request for quotation & shall include their legal representatives/administrators successors and assignees.

1.7) Engineer-in-charge shall mean the site Engineer appointed by HAL or its duly authorized representative who shall direct, supervise and be in charge to the works for purpose of this contract.

1.8) CONTRACT shall mean & include invitation to tender, the letter of intent the correspondence exchanged after receipt of tender & before issue of letter of intent the drawings, technical specifications & standards relating

to contract work and the formal agreement executed by the successful tendered with HAL.

1.9) WORKS shall mean the works to be executed in accordance with contract and shall include all extra additional / altered or substituted works as required for the performance of the contract.

1.10) SPECIFICATIONS shall mean specifications for execution of work, issued by HAL including any standard or instruction give by HAL’S representatives.

1.11) DRAWINGS shall mean the maps, drawings, plans & tracing or prints thereof, annexure to specification and shall include any modifications of drawings & further drawings as may be issued by HAL, from time to time for the execution of the contract works.

1.12) SITE shall mean the site & other places, or in or through which the works are to be carried out and any other lands or places provided by HAL for the purpose of the contract within the factory premises.

1.13) TEMPORARY WORKS shall mean work if the every kind for or about the execution completion or maintenance or maintenance of the works such as work shop, office, huts stores W.C. & urinals etc.

1.14) CONSTRUCTION EQUIPMENT shall mean all appliances or things of whatsoever, nature requited for the execution, completion, maintenance, works or temporary works, but does not include materials or other things intended to from or forming part of the permanent works.

1.15) URGENT WORKS shall mean any argent measures which in the opinion of the Engineer in charge become necessary during the progress of the works to obviate any risk of accident of failure or which become necessary or technical reasons.

1.16) TESTS shall mean & include such tests or test to be carried out by the contractor as prescribed by in the contract or considered necessary by the Engineer, in charge or his representative in order to ascertain quality, workmanship, performance & efficiency of the contract work or part thereof.

1.17) SCHEDULE OF RATES shall mean the tender of the contractors of which the tender has been accepted.

2) NOTE: This enquiry is being issued or HAL for conduction / fabrication / erection works for the ENGG. Dept of HAL, Pimpri, Pune – 411 018. Orders resulting from this enquiry will be placed on the successful bidder directly by HAL payment shall also be made by HAL directly to the contractors.

3) SEALED BIDS.3.1) Bids shall be submitted in 2 copies & shall be type

written or printed.

3.2) The bids shall be written in English language only.

3.3) One copy of the documents of the enclosed enquiry should be returned duly signed by the tendered along with the original bid. However, if the tendered does not agree to some contents of these documents, he may also give a statement of deviations. Deviations should be serially noted as a separate annexure maintaining the same clause number.

3.4) Bids shall sent in double covers the inner cover being sealed & market with enquiry number (s) closing date and central deception of material tender for & enclosed in an outer cover which should not carry any marking other than the address. Both cover should be addressed to Asst.Mgr. (Maint.)

Hindustan Antibiotics Ltd.Pimpri, Pune – 411 018.Maharashtra

3.5) The invitation to bid together with all annexure / general and special terms & conditions and specification shall be considered to have been read, understood & accepted by the tendered unless specifically stated otherwise by him in his quotation.

3.6) Tenders liable to rejection :The following tenders are liable for summary rejection

a) Tenders submitted by tendered who resort to canvassing

b) Tenders which do not fulfill all any of the conditions laid down in the tender documents or are incomplete in any respect.

c) Tenders which contain uncalled for remarks.d) Tenders received after due date & time.

3.7) HAL will not be bound by any general or printed conditions in the tenders quotation which may be at various to the conditions of tender / contract as provided herein.

3.8) Incomplete tender papers :If a tender issued to any intending tendered is incomplete he shall request the Dy. General Manager (Tech & utl) within a week for issue of tender documents to complete the same.

3.9) Tendered to study tender documents carefully.The tendered shall study all the tender documents very carefully, he should visit the site to satisfy himself of the local conditions, the accessibility to the site the fully extent & character of the operations, the nature of the ground, the machinery & the equipments needed, the conditions affecting supply of materials & labour & the execution of the contract generally. No claim on the ground for wants to above knowledge in such cases will be entertained.

3.10) Clarification / Interpretation :All clarifications or interpretation of any clause in the conditions specifications shall be received in writing till 10 days prior to the date of opening of tenders. No requests for extension of due date shall be entertained, on account of such clarification or interpretations. HAL will put in its best efforts to ensure that replies and interpretation are communicated within 7 days.

4) Transmission:Bids shall be complete in all respects & shall be mailed by post, duly registered, early so as to reach the Dy. General Manager (Tech & Utl) Hindustan Antibiotics Ltd., Pimpri, Pune – 411 018 before 3.00 pm. on the closing date, Delayed / late quotations are label to be rejected without assigning any reason thereof.

5) Bid information :

5.1) Enquiry Number

5.2) Promised completion / delivery schedule for each item.

5.3) Firm rate for each item inclusive of all taxes etc. for delivery by road to HAL factory site.

5.4) Certificate that the bid is in total conformity with the specifications & if not, list of exclusion and/or

exceptions shall be clearly spelt out statement of deviations should be attached.

5.5) All information requested for in the specification, approximate dimensional drawings technical literature, describing the material offered etc.

6) Pricing

6.1) Tenderer is supposed to visit the site to keep himself aware of local working conditions/site conditions before quoting otherwise it will be deemed that the bidder has visited HAL site.

6.2) Tendered may offer an alternative proposal (Viz, if standard design) but if so, he must state all deviations and /or exceptions to the enquiry specifications & the reason thereof.

6.3) Tendered must quote unit & lumsum price in figures as well as in words. The prices so quoted shall be inclusive and no claim for extra will be entertained. The prices shall be indicated F.O.R. delivery at factory site. The break up of freight & any other item of expenses shall be separately indicated to facilities evaluation.

6.4) Tendered to quote both in figures and in words.The tendered should quote in figures as well as in words, the rates for each item and strike the total wherever necessary. Special care should be taken that the rates are always written in both words & in figures in a way that interpretation is possible. The work Rs. Should always be put before and the words only at the end of the word and figures e.g. Rs. 1,000/- (Rs. One Thousand Only). Erasures or over-writing of any kind in the tender may render the tender liable to out right rejection. If necessary, the original figures & words should be neared out & affected figures written and then corrections attended by the tendered. In case there is difference between the figures & words for a rate, the rate quote in words shall be taken as final.

6.5) The quoted rates shall be applicable for all floors, heights, depths etc. except otherwise stated clearly in the description of items & nothing extra shall be paid to the contractor on this account.

6.6) Price given in the quotation will form the basis of compensation if the scope of work altered. HAL reserves

the right to alter the scope of work without assigning any reason.

6.7) Tendered are required to state the names of the proposed manufacturers of every item of equipment, which is not of their own manufacture, at the time of submitting their bids.

6.8) Quotations should be clear in all respects & those with vague clauses, like subject to prior sale, subject to availability of stores, etc. may be summarily rejected.

6.9) Tender by other than individuals :When the tender submitted is not in the name of any individual, the tender shall disclose the nature, constitution & registration if the rendering of the tendering firm & shall be signed by persons or person duly authorized by it (firm) by means of legally valid document (or a duly certified copy of the same) which shall be attached with the tender. For illustration, in the event of a tender being submitted by a partnership firm it must be signed as its behalf of a persons holding a power of attorney authorizing him to do so. Such Power of Attorney to be produced with the tender & it must disclose that the firm is duly registered under the Indian Partnership Act.

6.10) The tender shall not be entitled to claim any costs, charges, expenses for or incidental to in connection with preparation & submission of his tender even if HAL may select to without the invitation to tendered.

7) Accompaniments:Bids must be complete in all respects & confirm to requirement set forth in enquiry & attachments, Drawings, specifications, data sheets, catalogues or technical, brochures referred to in the quotations shall be listed therein and enclosed in 2 copies with the quotation.

8) Income Tax Clearance Certificate:The tendered shall submit a certificate copy of the latest Income Tax Certificate along with tender.

9) Standard:

9.1) Equipments / materials specified in this enquiry is based on lates issue of recognized foreign and OR Indian codes & standards specifically mentioned therein including all agenda revisions & supplements thereto.

9.2) Where brand name with phrase or equal has been specified, bidder may quote for at amative articles or materials which have similar characteristics & provide equal or better performance any equality to that of specified.

9.3) Metric SystemAll equipment, weights etc. shall be in Metric system of weights & measures unless otherwise specified.

10) HAL’s rightsHAL will exercise an-unqualified and unrestricted right to reject any or all the quotations or accept any of the quotations in full or part. Scope of work, if awarded is subject to changes up to a maximum ± 20% by giving adequate notice.

11. Correspondence:All correspondence relating to this enquiry shall be made in English in triplicate to the Asst. Mgr. (Maint.) Hindustan Antibiotics Ltd., Pimpri, Pune – 411 018. Clearly indicating the enquiry number.

Signature of the Contractor With seal and date