Tender Notification No. NAeL/HR/Rectt.

/24/02 Date: 03/04/2024

Naini Aerospace Limited

(A Ministry of Defence Public Sector Undertaking)

INVITATION TO TENDER

For

“Outsourcing of Recruitment related activities for Engagement of Personnel

on Tenure basis in Non-Executive cadre for NAeL, Prayagraj”

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 SECTION- 0
TABLE OF CONTENT

Sl Description Page

0. Section 0: Table of Content 2

1. Section 1 : Notice Inviting Tender 4
2. Section 2 : Bid Submission Form 5
3. Section 3 : Instruction To Bidders 6
4. Section 4: Scope of Services 16
5. Section 5: Conditions of Contract 25
6. Section 6: Forms, Formats & List of ‘xls’ file uploaded 33
Form I: Bank Guarantee Format for Security Deposit
Form II: Format of Draft Contract Agreement
Form III: NAeL Bank Account details for e-payment of EMD
Form IV: Purchase Preference Policy (PPC)
Form V: Restriction under Rule 144 (xi) of General Financial Rules
(GFRs) 2017 OM No 6/18/2019-PPD Dated 23/07/2020)

‘XLS’ File List to be filled & submitted by Bidder on e-proc

portal:

 Technical Bid (Part of Technical Bid)

 Bidder’s Profile Form (Part of Technical Bid)

 Price Bid (Part of Financial Bid)

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 BRIEF INFORMATION ON BID DOCUMENT

1. Tender No. NAeL/HR/Rectt./24/02

2 Duration of Contract One Year (One Recruitment Cycle)
3 Last Date and Time of 14:00 Hrs on 29/04/2024
online submission of Refer e- Tender Notice on e-proc portal)
Bid
4 Date & Time of Opening 14:30 Hrs on 29/04/2024
of Technical Bid (Refer e Tender Notice on e-proc portal)
5 Tentative date & time Date will be intimated on e-proc portal/ e-mail or
for opening of Financial by any other means of communication only to
Bid eligible bidders

6 Estimated value of the Rs1,37,175.00 only) (One Lakh Thirty Seven

Contract Thousand One Hundred Seventy Five Only)
(Approx.)
7 EMD Rs5000.00 /- (Five Thousand Only) (In words)
Payable through Demand Draft/ Banker’s Cheque
from any Scheduled Bank/ Nationalized Bank in
favour of Naini Aerospace Limited, Payable at
Prayagraj.
EMD can also be submitted through Wire
transfer to NAeL Account.
(Refer section 3 -General Instruction to
bidders for details).
8 Validity of Bid 120 days (Minimum)
9 Submission of Bids Bids to be submitted in Two Bid system on HAL
e-procurement portal (https://eproc.hal-
india.co.in) only before closing of Tender.
(Refer e Tender Notice on e-proc portal)

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 SECTION -1
NOTICE INVITING TENDER

Naini Aerospace Limited (NAeL), Prayagraj invites bids from the eligible and
reputed agencies for “Outsourcing of recruitment related activities for
Engagement of personnel on Tenure basis in Non-Executive cadre for NAeL,
Prayagraj”.

Naini Aerospace Limited, Prayagraj desires to outsource recruitment related

activities for engagement of personnel in Non-executive cadre for the Company.
The contractor is required to provide services for said recruitment activities of
the Company. The recruitment requirement of the Company may arise any time
during the contract period. The contractor will have to provide services to the
Company, as and when such requirement is intimated to the contractor.
Tenders documents are uploaded on e-procurement portal
(https://eproc.hal-india.co.in). The bidders are required to get themselves
registered on e-procurement portal for submission of bids. Registration on portal is
free of cost. Bidders are required to have a Class III Digital Signature for
registration. For any clarification please write to us on email-ID hr-
head@nael.co.in. Additionally for help in registration, please click on e-
procurement help desk on the portal.

The tender document is also available on HAL website www.hal-india.co.in & on

NAeL website www.nael.co.in
The bid is to be submitted following two bid system on HAL e-procurement
portal only (https://eproc.hal-india.co.in). Please note that bid submitted
through any other mode (Fax, Post & e-mail etc.) will not be considered. Bids
should be submitted before Last Date & Time of Submission of Bids (Closing
of tender).

The Competent Authority reserves the right to reject any or all the bids without
assigning any reason and the decision of the competent authority of the Naini
Aerospace Limited, Prayagraj shall be final and binding.

HR Head
Naini Aerospace Limited

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 SECTION -2
BID SUBMISSION FORM
[Note: Please upload Bid Submission Form in 'pdf' format along with
Technical Bid (To be printed on Bidder's Letterhead & Scanned copy to be
uploaded on e-proc portal)]

Date:
LETTER OF BID

To,
HR Head
NAINI AEROSPACE LIMITED
PRAYAGRAJ

Ref: Invitation for Tender No.: NAeL/HR/Rectt./24/02

We, declare that

1. We have examined and have no reservations to the Bidding Documents

issued in accordance with Instructions to Bidders.
2. We hereby unconditionally accept the tender terms & conditions in its totality/
entirety and offer to execute the agreement for Rate contract in conformity with
the Bidding Documents.
3. Our bid shall be valid for a period of 120 days from the date fixed for the bid
submission deadline in accordance with the Bidding Documents and it shall
remain binding upon us and may be accepted at any time before the expiration
of that period.
4. If our bid is accepted, we commit to submit a Security Deposit in accordance
with the Bidding Documents.
5. We also declare that Government of India or any other Government body has
not declared us ineligible or black listed us on charges of engaging in corrupt,
fraudulent, collusive or coercive practices or any failure/lapses of serious
nature.
6. We also accept all the terms and conditions of this bidding document and
undertake to abide by them, including the condition that you are not bound to
accept highest ranked bid / lowest bid or any other bid that you may receive.

Yours Sincerely,
(Authorized Signatory)

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 SECTION - 3
INSTRUCTIONS TO THE BIDDERS

1.0 GENERAL INSTRUCTIONS & SUBMISSION OF BIDS

1.1 For the Bidding / Tender Document purposes, ‘Naini Aerospace Limited,
Prayagraj’ shall be referred to as ‘Client’ (as per context) and the Bidder /
Successful Bidder shall be referred to as ‘Contractor’ and / or Bidder.
1.2 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 Bidder. The bidder shall
not have claim whatsoever in this regard.
1.3 Tenders documents are uploaded on e-procurement portal
(https://eproc.hal-india.co.in). The bid is to be submitted on HAL e-
procurement portal only (https://eproc.hal-india.co.in).
1.4 The tender documents may also be downloaded from HAL official website
www.hal-india.co.in and NAeL Official website www.nael.co.in
1.5 Please submit your Bid (Quotation) in TWO BID (Technical Bid & Price Bid)
in the prescribed format uploaded on e-portal. Also ensure that Price Bid
should not be uploaded in any form with Technical bid (Un-priced Bid).
1.6 Further, price bid is to be submitted strictly in the prescribed file only
for “Price Bid" attached with the tender document. (Please note that
prices in any form should not be indicated in any file like 'pdf' files/
'separately uploaded files with offer' etc. other than the prescribed price bid
file given in tender documents.)
1.7 Offers indicating price in Technical bid (Un-priced Bid) in any form will be
treated as unresponsive and will be summarily rejected.
1.8 Submitting only one bid with rates and technical details as a single bid will be
rejected.
1.9 Bidders in their own interest are advised not to indicate prices in any form/file
that are part of technical bid and get opened with technical bid.
1.10 Response to bid through e-procurement should be uploaded in the e-portal
only.
1.11 Bids (Technical Bid and Price Bid) submitted in any other form, such as
courier/ post/ in-person/ fax/ telegram/ telex, shall not be accepted against
this Tender.
1.12 No hard copy of the offer is to be sent. The detailed information/ documents/
literature is to be uploaded in PDF format only.
1.13 NAeL will not be responsible for inability of vendor to upload the tender
documents in e-Procurement portal.
1.14 Bidders are advised, in their own interest, to ensure that their bids are
submitted well before the "Due Date & Time of Bid-Submission" of the

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 Tender as HAL's "e-Procurement Portal" at (https://eproc.hal-india.co.in)
will not allow submission of bids once the closing date and time of the
Tender (i.e. Due Date & Time of Bid-Submission) is reached. NAeL shall not
be responsible if bidder is not able to submit the bid on account of failure in
network / internet connection at bidder's end.
1.15 EARNEST MONEY DEPOSIT :
This bid should be accompanied by an Earnest Money Deposit of Rs.
payable through Banker’s Cheque / Demand Draft from any Scheduled
Bank/ Nationalized Bank in favour of Naini Aerospace Limited, Payable at
Prayagraj.
1.15.1 No request for transfer of any previous deposit of earnest money or security
deposit or adjustment against any pending bill held by the NAeL in respect of
any previous work shall be entertained.
1.15.2 EMD can also be submitted through Wire transfer to NAeL Account,
transaction code & proof of the same certified by banker is to be uploaded on
e-portal. The bank account details are attached with tender document
(Refer Section –6).
1.15.3 EMD shall be acceptable only in the forms mentioned herein.
1.15.4 Contractors exempted from EMD in individual cases shall attach (upload at
e-portal) Exemption Certificate from competent authority along with the
tender for claiming exemption and shall produce the original letter when
called upon to do so.
1.15.5 The offers without EMD/valid EXEMPTION Certificate or proof shall be
considered as unresponsive and rejected.
1.15.6 Bidders shall not be permitted to withdraw their offer or modify the terms and
conditions thereof. In case the bidder fails to observe and comply with the
stipulations made herein or backs out after quoting the rates, the aforesaid
EMD (bid security) shall be forfeited to NAeL.
1.15.7 The EMD shall be refunded to the unsuccessful bidder preferably within 15
working days in various stages of disqualification of the bid i.e., tender open
stage, pre-qualification/ technical evaluation stage and identification of L-1
stage. However, no interest shall be paid on the EMD.
1.15.8 The EMD (bid security) may be forfeited:

(i) If the bidder withdraws its bid during the period of bid validity specified by
the bidder in the bid form; or
(ii) If the bidder withdraws, amends, impairs or derogates from the bid in any
respect within the validity period of his offer submitted.

(iii) In case of successful bidder, if the bidder

(a) Fails to sign the contract in accordance with the terms of the tender
document

(b) Fails to furnish required Security Deposit in accordance with the terms of

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 tender document within the time frame specified by the Client.
(c) Fails or refuses to honour his own quoted prices for the contract or part
thereof

1.15.9 Scan copy of EMD is to be uploaded on e-portal and original to be

dispatched to us by post/ courier in order to reach us prior to tender
closing date & time as indicated in NIT (in case EMD not submitted through
e-payment mode). Failure in receipt of original EMD before tender closing
will result in rejection of offer.
a) Please mention following information on envelope carrying EMD.
1) Title: EMD for e-tender.
2) Tender No & Due Date
3) Tender Description
4) Complete Name & Address of firm submitting EMD.

b) Please dispatch the Original EMD to following address.

HR Head,
Naini Aerospace Limited
UPSIDA, Industrial Area, Post: TSL, Naini, Prayagraj-211010

(c) Bidders are requested to send/post original EMD to NAeL well in advance
to reach destination well before the due date. NAeL will not be responsible
for any loss or delay in receipt of EMD in transit.

1.16 The bidder shall attach the copy of the authorization letter / power of
Attorney as the proof of authorization for signing on behalf of the Bidder.

1.17 All Bidders are hereby explicitly informed that conditional offers or offers
with deviations from the conditions of Contract, the bids not meeting the
minimum eligibility criteria, Technical Bids not accompanied with EMD of
requisite amount/format on NAeL format, or any other requirements,
stipulated in the tender documents are liable to be rejected.

1.18 Any conditional discount, if offered, shall not be considered for evaluation.
1.19 For all purposes of the contract including arbitration there under, the
address of the bidder mentioned in the bid shall be final unless the bidder
notifies a change of address by a separate letter sent by registered post /
Courier to the Naini Aerospace Limited UPSIDA, Industrial Area, Post:
TSL, Naini, Prayagraj-211010. The bidder shall be solely responsible for
the consequences any omission or error to notify change of address in the
aforesaid manner.

1.20 Purchase Preference Policy (PPP):

As per Govt. guidelines and its amendments time to time, the Purchase
Preference” is applicable for the “Class-I Local Supplier” for the

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 goods/services/works covered in this tender. The ‘local content’ requirement
to categorize a supplier as ‘Class-I local supplier’ is minimum 50%. For
‘Class-II local supplier’, the ‘local content’ requirement is minimum 20%.
Nodal Ministry/Department may prescribe only a higher percentage of
minimum local content requirement to categorize a supplier as ‘Class-I local
supplier/ ‘Class-II local supplier’. For the items, for which Nodal Ministry/
Department has not prescribed higher minimum local content notification, it
shall be 50% and 20% for ‘Class-I local supplier’/ ‘Class-II local supplier’
respectively.
It is mandatory for Bidders to submit Self Certification under Purchase
Preference Policy (PPP) along with Bid as per Forms and Format at (FORM-
IV) (Annexure-A-I) attached with the tender.

1.21 Restrictions under Rule 144 (xi) of the General Financial Rules (GFRs),
2017:
Please refer Annexure-I for "Clause regarding restrictions on procurement
from a bidder of a country which shares a land border with India" and provide
declaration in the applicable Forms and Format at (FORM-V)

1.30 AMENDMENT OF TENDER DOCUMENT:

1.30.1 At any time prior to the deadline for submission of Tenders, NAeL may, on
its own requirement, or in response to a clarification requested by any of the
prospective Tenderers, modify the Tender Documents by issuing addendum
/ Corrigendum.

1.30.2 Any addendum /corrigendum thus issued shall be part of the Tender
Documents.

1.30.3 Taking into account the addendum / corrigendum issued, NAeL may, at its
discretion, extend the date of submission of Tender.

2.0 DEFINITIONS:
In this document including the Schedules, the following words and
expressions shall (unless the context requires otherwise) have the
meaning assigned to them in this Schedule.
"Contractor" The word “Contractor” and the “Successful Bidder’ has
been used interchangeably.
“Client” The word "Client" shall mean the NAeL, Prayagraj The
word “Client” & “NAeL” are used interchangeably.
“Financial Bid” The word “Financial Bid” & “Price Bid” are used
interchangeably.
“Confidential Shall mean all information that is not generally known
Information” and which is obtained / received during the tenure of

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 the contract and relates directly to the business /assets
of Client including the information having the
commercial value.
“Termination Shall mean the date specified in the notice of
Date” Termination given by either Party to the other Party,
from which the Contract shall stand terminated.
“Termination Shall mean the notice of Termination given by either
Notice” Party to the other Party

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3.0 ELIGIBILITY CRITERIA AND DOCUMENTS/INFORMATION TO BE
SUBMITTED ALONG WITH TECHNICAL BID
(Document/Information to be uploaded in ‘pdf’ format/ ‘.xls’ file as
applicable)

3.1 The following shall be the ESSENTIAL criteria for selection of bidders
technically.

a. Legal Valid Entity: The Bidder shall necessarily be a legally valid entity.
A proof for supporting the legal validity of the Bidder shall be submitted.

Supporting Document to be submitted along with the bid:

Proof of legal valid entity is to be uploaded in ‘pdf format’.

(For example: Self–Attested copy of Partnership Deed/ Affidavit for

Proprietorship/ Certificate of Registration under the Societies Registration
Act, 1860/ Certificates of Incorporation issued by the respective Registrar
of Companies for companies registered under Company Act, 1956 and
Memorandum of Association (as applicable).

b. Registration: The Bidder should be registered with the Income Tax and
Goods & Service Tax (GST) authorities.

Supporting Document to be submitted along with the bid:

Self-attested copies of:

i. PAN Registration,

ii. GST Registration.

c. Average Annual Turnover: Average annual financial turnover during last

3 years ending 31st March of the previous financial year should be at least
Rs 41,200.00 (30% approx. of estimated cost of tender).

Supporting Document to be submitted along with the bid:

Attested copy of the audited Balance Sheets for the completed last 03
financial years i.e. for the year 2020-21, 2021-22 & 2022-23. However, in
case of 2022-23, Provisional Balance Sheet duly certified by Chartered
Accountant can be accepted.

d. Solvency Certificate: Latest Solvency Certificate from any Nationalized

Bank/Scheduled Bank issued within a period of 12 months from final date
of submission of tender for a minimum amount of Rs. 55,000.00 (minimum
40% approx. of the estimated tender cost).

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e. Income Tax Return: Income Tax Returns for the last three years.

Supporting Document to be submitted along with the bid:

Self-Attested copy of the Income Tax Return for last 03 years i.e. for
Assessment Year 2020-21, 2021-22 & 2022-23.

f. Number of Years in Operation:

(i) The bidder must be having minimum 5 years of operational experience

from tender due date in the field of recruitment outsourcing services.

Supporting Document to be submitted along with the bid:

Self-Attested copies of ‘Certificate of Incorporation’/ ‘Company

Registration’/ any other relevant document like copy of Work Order/
Completion Certificate establishing 5 years of operational experience – as
above.

g. Experience: The bidder must have following experience :

Bidder must have experience of providing recruitment outsourcing

services of different specifications (Executive or Non-executive cadre) to
Government Departments / Public Sector (Central, State) in previous
years - starting from 01.01.2019 till tender closing date for:

a) Minimum of 10 positions at a time

OR

b) Minimum of approx. 30% of estimated tender cost (i.e. Rs41,200.00)

at a time.

Please note that the recruitment activities executed by the bidder for
its own concern will not be considered as experience.

Supporting Documents to be submitted along with the bid:

Self-attested copies of Work Order/Agreement from the client for the

completed work (along with proof of completion like Certificate of
Completion or Satisfactory Performance or any other relevant document
establishing above experience criteria shall be acceptable.). Incomplete or
ongoing work shall not be considered for this.

In case of experience certificate obtained from reputed private

organization, the same shall be supported with TDS certificate by the
contractor.

Experience Details to be filled as per format given in ‘Bidder’s profile

and proofs.

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 h. The following documents/ information shall also be submitted by bidders
for technical selection/ qualification:

(i) Presentation (in ‘pdf’ form) on Recruitment Outsourcing activities as

per requirement in the contract. The presentation shall include
system and methodology along with infrastructure details for
handling recruitment related activities like conducting written test and
handling data/ information while maintaining secrecy related to
recruitment process.
(ii) Work-on hand: Self certified details of work on hand (irrespective of
any value). Self-attested copies of orders or agreement for
ONGOING contracts as above from Government Departments /
Public Sector (Central or State).
(iii) Quality Related Certification, if any: Self-certified details of current
Quality related certification, accreditations, if any, from authorized/
reputed quality accreditation agency like ISO certification etc.

4.0 VALIDITY OF BIDS

4.1 Bids shall remain valid and open for acceptance for a period of 120 days
from the last date of submission of Bids.

4.2 In case Client calls the bidder for negotiation then this shall not amount to
cancellation or withdrawal of original offer which shall be binding on the
bidder.

5.0 BID OPENING PROCEDURE

5.1 Technical Bid (Un-Priced Bid) shall be opened as per schedule indicated on
e-portal. The date fixed for opening of bid, if subsequently declared as
holiday, revised date of schedule will be the next working day at the same
time and the same will be notified through HAL e-procurement portal.
5.2 The financial bids (Price Bid) of only those bidders who’s Technical Bids are
qualified, shall be opened. The date, time and venue of opening of the
financial bids shall be intimated to the technically qualified bidders through e-
procurement portal of HAL.
5.3 After opening of the Technical Bids and verifying the EMD amount, the
technical bids shall be evaluated later to ensure that the bidders meet the
essential criteria as specified in the Tender Document.
5.4 Bids shall be declared as Valid (In the Race) or Invalid/Rejected (Out of
Race) based on the preliminary scrutiny, i.e. verification of EMDs. However,
detailed evaluation shall be done only in respect of Valid Bid.

6.0 TECHNICAL BID EVALUATION & CLARIFICATION ON TECHNICAL BID

EVALUTAION.

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6.1 The technical bids shall be evaluated based on the available documents
submitted by the bidder. To assist in the examination, evaluation, and
comparison of the bids, and qualification of the bidders, the Client may, at its
discretion, ask any bidder for a clarification of its bid. Any clarification
submitted by a bidder that is not in response to a request by the Client shall
not be considered. The Client’s request for clarification and the response
shall be in writing.
6.2 If a bidder does not provide clarifications of its bid by the date and time set in
the Client’s request for clarification, its bid may be rejected.
6.3 Client also reserves right to seek confirmation/clarification from the issuer
agency, on the supporting documents submitted by the bidder.
6.4 The bidder who qualified in the technical evaluation stage shall be intimated
for opening of financial bids. Client shall intimate the qualified bidders, the
date & time for the Financial Bid opening on e-procurement portal.

7.0 FINANCIAL BID (PRICE BID) OPENING PROCEDURE

7.1 The Financial Bids of all the technically qualified Bidders shall be opened
on/after the notified date and time on e-procurement portal.
7.2 As bids shall be opened on e-procurement portal, bidders can witness the
bid opening at e-proc portal itself and representatives shall not be called at
NAeL.
7.3 If there is a discrepancy between words and figures, the amount in words
shall prevail.
7.4 Dealing with Tender when there is a “Tie”:
a) In case of a tie for L1 position, an opportunity shall be given to the parties
(on L1 position only) for making a revised offer on the basis of decreased
rates in sealed covers, which shall be opened by Tender Opening
committee on a fixed date in the presence of L1 bidders/ their
representatives.
b) In the event of parties not agreeing to revise their bids or for any other
reason, it is not possible to resolve the “Tie, the competent authority of
NAeL shall decide the lowest bidder using following criterion:
Bidder with higher average turnover of last three years shall be given
priority over other.
Information & proof given with Technical bid will be the basis for deciding
it. Any information received on clarifications asked before ‘Price Bid’
opening shall be taken into account. However, no information provided by
any bidder after finalization of Technical Evaluation and opening of Price
Bid shall be taken into cognizance for this purpose.
c) If for any reasons, it is not possible to resolve the “tie”, competent
authority of NAeL shall reserve the right to exercise his discretion and
accept tender of the bidder who is considered to be best.

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8.0 RIGHT OF ACCEPTANCE :

8.1 NAeL reserves all rights to reject any bid including of those bidders who fail
to comply with the instructions without assigning any reason whatsoever and
does not bind itself to accept the lowest or any specific bids. The decision of
the NAeL in this regard shall be final and binding.
8.2 Any failure on the part of the bidder to observe the prescribed procedure and
any attempt to canvass for the work shall render the bidder‘s bids liable for
rejection.
8.3 The competent authority of the Naini Aerospace Limited, Prayagraj reserves
the right to award any or part or full contract to any successful bidder (s) at
its discretion and this will be binding on the bidders.
8.4 NAeL may reject the bid if it is found that the bidder is black listed on
previous occasions by any of the Government Departments / Institutions /
Local Bodies / Municipalities / Public Sector Undertaking etc.

9.0 NOTIFICATION OF AWARD BY ISSUANCE OF ‘LETTER OF

ACCEPTANCE’

9.1 After determining the successful evaluated bidder, Client shall issue Letter of
Acceptance in duplicate, who will return one copy to Client duly
acknowledged, accepted and signed by the authorized signatory, within
Three (3) days of receipt of the same by him.
9.2 The issuance of the Letter of Acceptance to the bidder shall constitute an
integral part of the contract and it will be a binding to the contract.

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 SECTION-4
SCOPE OF SERVICES
1.0 REQUIREMENT:

1.1 NAeL, Prayagraj desires to outsource recruitment related activities for

engagement of personnel in Non-Executive cadre in the Company.
1.2 The contractor is required to provide services for said recruitment activities
for the Company. The recruitment requirement for the Company may arise
any time during the contract period. The contractor will have to provide
services to the Company, as and when such requirement is intimated to the
contractor.
1.3 The tentative requirement of the Company is given below:-
Table-A
Number of Vacancies (approximate)
Stages One Year (One Recruitment
Cycle)
Stage - I 15
Stage - II 10

The requirement & period (Year) given above is indicative only and it
may increase/ decrease any time. Contractor will provide services for
actual requirement of the Company as given during the contract period
and above figures are not binding on the Company.
1.4 The requirement shall be of Technical / Non-Technical/ Ex– Servicemen/
Any other type / mix of different types in Non-executive cadre. Each type
may require personnel of different disciplines/trades/ branch/ qualification
etc. Different question papers shall have to be set discipline-wise / trade-
wise / any other basis – as per NAeL directives.
1.5 Company shall coordinate with contractor for their recruitment requirement
processing.
1.6 The contractor shall adhere to the provisions of IT Act 2000, wherever
applicable.
1.7 Contractor shall follow the instructions and guidelines of client (wherever
applicable) – as issued from time to time, to complete recruitment activities
entrusted to him.
1.8 The contractor shall provide following recruitment services.
Sl. Description
No.

1. Development/ Customization of Software and Capturing of Online

Applications & Processing :

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 Applications for various posts shall be received online by the Contractor
against the notifications issued by NAeL. Contractor shall carryout following
activities for this purpose:
(i) Contractor shall arrange for development & customization of necessary
Infrastructure / Server / Software for receiving applications online
through a link from NAeL’s Website. Advertisement will be released by
the Company both in the Press and Company Website and a link is to be
given to the server, set up by the contractor (which would not be
disclosed to public) for submission/ receipt of applications online. The
Contractor should maintain utmost secrecy of the information. NAeL
would have full right to inspect the software specifically developed for
this purpose from the Contractor at no extra cost, at any point of time.
(ii) Provide a minimum of 1 TB Server space and 20 MBPS of 1:1 dedicated
Internet Link for uninterrupted capturing of applications. A Back-up
Server is also required to be arranged by the Contractor for safety of the
data / applications captured. The above mentioned is the minimum
requirement, but it will be the sole responsibility of the Contractor to
provide sufficient Server space and suitable Bandwidth for uninterrupted
receipt of applications and for security of the data received.
(iii) The proposed software should be protected with latest security features
like SSL, Firewall and anti-viruses in order to make it a trouble free,
glitch free and user friendly solution.
(iv) The Contractor should take all precautions to prevent the software
system from hacking and any other frauds. Full proof data security and
data transfer should be ensured.
(v) Software should have facility for auto generated e-mail/ SMS to be sent
to the candidates regarding venue, date and time of the test etc. or any
other announcement that NAeL may like to intimate to the candidates.
(vi) All online transactions in the computer should be encrypted.
(vii) The system/software developed by the Contractor will be tested by
NAeL specialists for its correctness of functionality and the Contractor is
liable to rectify any anomalies. In case of any dispute, the decision of
concerned HR Head shall be treated as final.
(vii (viii) The Contractor shall study NAeL’s Advertisement/ Rules and
accordingly develop the Interactive Application Blank in English to get the
necessary information from candidates as per NAeL Advertisement/ Rules
in coordination with authorized persons from the Company.
(ix) Customize the software for different posts in which the data fields &
validation criteria may vary like age, experience and qualification. Fix up
necessary validation for fields to avoid same candidate applying repeatedly
and to avoid the registration of candidates who do not meet the eligibility
criteria. Provision may also be made to upload the necessary documents by
the candidates in support of their Qualifications like Provisional/ Final Mark
Sheet of the Qualifying Examination, as applicable for different posts, and
Experience Certificate, if applicable, to avoid entering of false data by the
candidates. Further, the contractor will check the data regarding marks of
Qualifying Examination against the Mark sheet uploaded by the candidates

Page | 17
 in their online application and thereafter, handover the same to the client as
per their requirement. The online validation should reject the ineligible
applications giving the reason for rejection. Provide FAQ (Frequently Asked
Questions) sections or “How to Apply” Section with pictorial and text
illustrations for easy understanding of the candidates to facilitate their online
applications.
(x) On submission of application along with documents, generate an
Acknowledgement mentioning the Application Reference Number with other
details/ information for reference to the candidates, online. The Contractor
should answer the queries in case of problem in submission of applications
and uploading of documents.
(xi) Provide for allotment of System Generated Application Reference
Number to candidates on submission of application as also generation of
Acknowledgement and provision to take a print out of the submitted
application.
(xii) The candidates are required to deposit an Application Fee which is non-
refundable (exempted in the case of SC/ ST/ PWD/ Ex-Apprentices of
NAeL and Candidates sponsored by Employment Exchange & Zilla
Sainik Welfare Board) through online. For the candidates who have to pay
Application Fee a link “Proceed to Payment” will be provided in the
Website for payment which would take the candidates to “State Bank
Collect Homepage” after making PROVISIONAL Registration. After filling
up the required details in the “State Bank Collect Homepage” the
candidates can deposit the Application Fee through Internet Banking/ Debit
Card/ Credit Card/Bank e-Challan. After making the payment, a Payment
Slip will be generated on screen and the candidates should take the print
out of the payment slip for future reference. The Contractor is also required
to give the list of candidates who have remitted the application fee. No
mode other than detailed above like NEFT/ Cheque / Money Order/ Postal
Order/ Pay Order/ Banker’s Cheque/ Demand Draft will be accepted
towards Application Fee.
(xiii) The client shall scrutinize the database given by the Contractor and on
scrutiny of database the list of short listed candidates for Written Test will be
given to the Contractor along with the sample Call Letter/ Admit Card for
intimating the short listed candidates to appear for the Written Test. Call
letter / Admit Cards should be sent by Registered Post / Speed Post well in
advance along with e-mail / SMS / provision of downloading the same from
website.

2. Preparation for conducting Written Test (Offline) & Declaration of

Result :
(As per guidelines given by client)
The contractor shall timely plan and prepare properly to ensure
smooth conduct of written test.

(i) The contractor shall fully prepare for conducting written test as per client
requirement. Client shall provide specific instructions / broad guidelines
(as the case may be) on certain aspects of conducting written test (like
place for conducting exam, venue preference, compliance of Govt.

Page | 18
 guidelines/ Company policies, independent monitoring etc).
(ii) Contractor shall fully cooperate & abide by client’s instructions/
guidelines in this regard.
(iii) The contractor will nominate minimum one officer who will be
responsible for all the activities connected with written test & its
administration. Officer so detailed by contractor must be on the
permanent rolls of contractor. (Client shall also identify one executive
each to the examination Centre to interact with the contractor.)
(iv) The contractor shall have qualified and competent faculty/facilities to
prepare and print with utmost confidentiality, question papers in all
Disciplines/ Trades. ( e.g. Technical Disciplines for Diploma /NAC /
NCTVT/ ITI standards in Disciplines / Trades like Mechanical, Electrical,
Electronics, Fitter, Turner, Grinder, Welders, Miller / Machinist, Heat
Treatment operator, Millwright etc. and in Non-Technical Disciplines for
Diploma/MA/ M Sc. / M Com, BA/B Sc. / B.Com etc. and host of allied
disciplines which will be intimated whenever requirements arise.)
(v) The contractor shall set Question Papers (Bilingual) Hindi & English
separately in different series – Discipline/Trade -wise, as per the
syllabus given by the Company.
(vi) Question Paper of each Discipline / Branch of Engineering, Non – Tech
trades should be prepared in at least two series (Two different patterns
with questions being jumbled up.). Candidates sitting next to each other
for the Test should be given Question Paper of different series.
(vii) The Written Test will be of 2 ½ hours duration. The test will be in three
parts, Part-I will consist of 20 Questions on General Awareness, Part-II
will consist of 40 Questions on English & Reasoning, Part-III will consist
of 100 Questions on the concerned Trade/Discipline. Each question
carries one mark each and there is no negative marking. The syllabus
will be mutually discussed and finalized between the Company and the
Contractor. Instructions to the candidates will be placed in the first page.
Any change in NAeL Written Test Rules shall be intimated by client to
the Contractor well in advance and Contractor shall comply with these
rules.
(viii)The contractor shall arrange printing of suitable Answer Sheets for OMR
based evaluation.
(ix) Candidates shall be allowed the option of answering the questions in
written test in English/Hindi. The availability of option to answer
questions in Hindi in the Written Test should be clearly indicated in the
test Call Letter sent to Candidates for appearing for Written Test.
(x) The contractor shall finalize Date, Venue, and Time for conducting
Written Test in consultation of client.
(xi) The contractor shall select and book adequate number of Test Centers.
The Test Centers for conducting Written Tests should be located closer
to Company and also to suit the convenience of the large sections of
candidates wherever possible & feasible. (As per instructions of
Ministry of Defence, any recruitment / competitive examinations
should not be held on the day of festivals of any minority

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 community).
xii) The Contractor shall arrange a visit of NAeL representative along with his
representative, while finalizing test venue.
xiii) The contractor shall hire Qualified and adequate number of persons as
Invigilators. The contractor shall not hire local persons from NAeL family
members to the extent possible.
xiv) The contractor shall prepare detailed instructions for the Centre
Superintendent (representative of the Institution where the test will be
conducted).
xv) The contractor shall arrange adequate Security / Police protection at test
Centre.
xvi) The contractor shall ensure any other related activity, as applicable.
xvii) The contractor will submit report about preparedness for conducting
written test to client.
3. Conducting Written Test (Offline):

Smooth conduct of written test would be the responsibility of

contractor and the Institution where the test is conducted. The
contractor shall administer the Written Test:

(i) The contractor shall ensure:

- General facilities at test site for conducting written test smoothly (like
proper seating arrangement, lighting, ventilation, water, cloak room,
provision of required stationary, drinking water etc.)
- Detailed instructions for the Centre Superintendent (representative of
the Institution where the test will be conducted) & Invigilators are
prepared and all the concerned personnel are briefed.
- Proper coordination with Centre superintendent for conducting test
smoothly
- Sequencing of seats as per branch-wise roll number
- To carry out proper quality check regarding Roll number, Candidate’s
Name, Father’s Name, Signature of Candidates, Answer Sheets etc.
- Arrangement for strict invigilation – one invigilator for every 30-40
candidates with adequate spacing between two candidates
- Proper arrangements with respect to ‘Person with Disability' (PWD)
candidates in order to facilitate them to write the test. In case of
visually handicapped candidates (where applicable) proper
arrangement for scribe with lower qualification shall be arranged.
- Each Test Centre/Venue to have a separate room for briefing and
distribution of sealed packets containing Question Books to
invigilators.
- Arrangement for unpacking and packing in cloth and sealing of
bundles/packing containing Test Booklets and Answer Sheets in the

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 presence of In-charge of respective Venue.
- Arrangement for distribution of question Booklets/ Answer sheets and
collection of same with proper accounting.
- Arrangement for countersigning the Answer sheets and Admit Card
by respective invigilators.
(ii) The contractor shall arrange setting up of a control room at each of the
Test Venue on the day of examination to sort out clarification sought by
the candidates. The control room shall be operative 2/3 hrs before the
commencement of test.
(iii) The contractor shall display:
- Test Details, time etc. at entrance gate of Written Test Centre at
least one day prior to test for convenience of candidates
- Seating arrangements at the Main Entrance of each Test Venue.
- Names and Telephone Number of Vigilance HoDs of the Company
and Competent Authority of the company at the prominent places
location of Written Test, as given by client.
(iv) The contractor shall hand over Question Papers and Answer Sheets at
all test venues to respective Chief Test Superintendent.
(v) The contractor shall:
- Guide the candidates properly.
- Issue proper guidance and instructions to Invigilators to make it sure
that no malpractice happens in the conduct of exam. Candidates
indulged in copying, impersonations or any sort of malpractice are to
be debarred from the written test.
- Obtain signature of the candidates on the attendance Report meant
for the purpose.
- Collect the Question papers, Answer Sheets and Call letter/Admit
Card of the candidates from all test venues, immediately after the
test.
- Compile the issues, if any, raised by the candidates during the
written test pertaining to the Question Paper or any other
observations. This would be countersigned by NAeL observer and
submitted to client for necessary action.
- Ensure the verification of identity of each candidate. Invigilators have
to verify the identity of each candidate against the photograph
affixed on the Call letter /Admit Card & also verify signature from Call
letter /Admit Card.
- Ensure conducting of Written Test smoothly in presence of NAeL’s
Observers/representative;
(vi) Contractor shall allow independent monitoring by client’s observer.
(Client shall depute ‘Observer(s)’ at each Examination Centres as per its
policy/ requirement.)

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 (vii) The contractor shall issue necessary instructions (as per client’s
guidelines) in writing to all Centre Superintendents where the written
test is conducted by contractor with regard to the process to be followed
for verification of candidates’ credentials appearing for the test with the
data given in Call letter /Admit Card, Photo Identity Card etc.
(viii) Duplicate Call letter/ Admit Cards: In case a candidate reports at
Test Venue without the printed & downloaded Call letter/ Admit Card, a
duplicate Call letter /Admit Card will be issued by contractor as per
client’s policy & guidelines. Contractor shall carry printed duplicate Call
letter /Admit Cards or blank Call letter /Admit Cards (to be issued after
filling up the requisite details).
(ix) The contractor will submit the statistics regarding attendance in Written
Test to NAeL.
(x) The contractor shall also arrange all Call letter /Admit Cards (also the
duplicate Call letter /Admit Cards, if any) roll number wise in ascending
serial order and return to NAeL along with the Attendance sheet.
4. Written Test Evaluation & Result Declaration :

(i) The contractor shall make sure that evaluation of OMR Answer Sheets
is done within set time frame as per Time Schedule for activities.
(ii) In case any inadvertent errors are noticed in the Written Test Question
Paper or brought out by candidates, contractor shall ignore such questions
and evaluation would be carried out for the balance questions only.
(iii) The contractor shall submit two sets of soft copy of database in
CD/DVD in ‘pdf’ format of all the candidates incorporating marks obtained in
the written test along with all the Question and Answer Paper/ Sheet with a
covering letter duly signed by the authorized person in sealed cover to HR
Head of the Company. The contractor shall also submit one set of soft copy
of database in CD/DVD in ‘pdf’ format directly to HR Head of the Company
in separate sealed cover.
(iv) The contractor shall hand over the results of Written Test to the
concerned client (submit Two hard copies of the Marks list of the
candidates in the written test ), sorted Discipline / Trade wise, Category
wise and Roll Number-wise (or as demanded by client) within set time frame
as per client guidelines (Names not to be indicated).
5. After completion of selections the contractor will return complete
records/documents used for the recruitment process [e.g. OMR sheets
(Used & Unused), Call letter /Admit Cards, Soft copy of Scanned data etc.
to client].

Note:

(i) Wherever, the contractor has to key in the data, same shall be done in
consultation with client/ as per client’s guidelines. All the fields should be

Page | 22
 recorded in editable soft copy. Hard copies/pdf format files shall be provided
– as per clients requirement.
(ii) If client has specific requirement regarding soft copy/ hard copy/ number of
copies etc. (e.g. file formats, data field formats) contractor shall fulfill the
requirement. Other requirements shall be decided with mutual consent of
client and contractor.
(iii) If client desires any changes in the recruitment process mentioned herein
(arising due to policy changes at client’s end), client shall issue specific
written instructions/ guidelines to contractor in this regard. Such changes will
be agreed with mutual consent of both the parties. However, if any of the
changes required have no cost implications for contractor, same shall be
binding on the contractor.

1.9 Time Schedule for Milestones/ Activities:

The time schedule for milestones / major activities is given below. This schedule
shall be referred (wherever applicable) for calculating any Liquidated Damages, as
per conditions of contract.

SI. Milestone/Activity ID Max. allowed Remarks

No.
PHASE – 1
0 Reference Point: T0 - T0 shall start only after
Letter of Intimation from :
client to contractor for a) Signing of
undertaking Recruitment contract agreement by
activities of the Company. both parties &
submission of Security
Deposit by contractor.
b) Necessary
inputs to contractor
are provided to start
such activities by
client.
1 Arrange for installation of T1 Within 15 T1 shall start only
necessary Infrastructure / Days - form after:
Server / Software for client request
receiving applications in this regard. Client submits written
online through link from request to contractor
NAeL’s Website. for making necessary
IT arrangements in
this regard for
capturing of online
applications.

Page | 23
 2 Due date (T2) for T2 - Start and End date for
candidates response online submission of
applications will be as
intimated by the client.
3. Screening of database and T3 Within 10 days -
submission of short listed (from end date of
candidates for verification submission of
& approval of client. online
application)
4. Incorporation of client’s T4 Within 07 days -
feedback, if any, in (from client
shortlisted candidates list feedback)
for written Test and
Providing final list website
hosting to client.
PHASE - II
5. Providing Link for Website T5 Within 02 days Hosting on NAeL
hosting of shortlisted from client go- Website by the client
candidates for Written Test ahead
along with Call letter/
Admit Card download
facility.
6. Sending Admit Card/ Call T6 Within 03 days - To be dispatched at
Letters for Written Test from hosting list least 21 days before
through Regd. Post/ Speed of shortlisted scheduled date of
Post as well as to send the candidates for Written Test (or as
same by E-mail written test in directed by client).
/SMS/enable candidates to NAeL website (at
download directly from the SI. No. 05 above
system. )
7. Conduct of Written test T7 Within 30 days – Considering 21 days
from hosting list as given at SI. No. 06.
of shortlisted (If additional days are
candidates for given as per client’s
written test in directives, same shall
NAeL website (at be added to 30 days
SI. No. 05 above) time given herein)
8. OMR sheets evaluation T8 Within 48 hours -
and Handing over the from receipt of
result of Written Test to result from the
client for website hosting. contractor.
9. Return of complete T9 Within 07 days of -
records/ documents used client request.
for recruitment process, if
any

2. NOTE FOR THE CLIENT

2.1 The contractor will intimate in writing the name of authorized representative
(s) and submit an undertaking about his / their competence at the time of

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 signing the contract. The contractor shall ensure that his authorized
representative(s) is / are available.

SECTION-5
CONDITIONS OF CONTRACT
1.1 ACCEPTANCE OF TENDER
1.1.1 The successful bidder shall be bound to accept the award of contract in the
event of order issued in favour of contractor at the rates quoted/ agreed by
him failing which the EMD of the contractor shall be forfeited and party shall
be debarred/ banned as per NAeL rules.

1.2 SIGNING OF CONTRACT AGREEMENT

1.2.1 The successful bidder shall execute the contract agreement on the non-
judicial stamp paper of appropriate value (the cost of stamp-paper shall be
borne by the successful bidder) in a prescribed form (Ref: Section-6) - duly
signed within thirty days of issue of Acceptance Letter failing which the
submitted EMD of the contractor shall be forfeited and party shall be
debarred/ banned as per NAeL rules at the discretion of NAeL. However, this
time may be reduced up to 15 days at discretion of client or further with
mutual consent of both parties.

1.3 VALIDITY OF CONTRACT

1.3.1 The contract shall be valid for a period of 01 (ONE) year from the date of
signing of Contract Agreement. However, if the contractor is in the process
of conducting recruitment at the time of completion of 1 years, the contract
will hold valid till the end of such process.
In case need arises, contract shall be further extended upon mutual consent.

1.4 GENERAL RESPONSIBILITIES OF CONTRACTOR

1.4.1 In case any untoward mistake occurs in the conduct/administration of written
test, test invigilation, handling of answer sheets, etc. which is attributable to
the contractor and in the opinion of NAeL calls for re-test, the agency shall
conduct the re-test at no extra cost to NAeL. Further, any type of application
fee or claim of refund from the candidate is to be borne by the contractor due
to such re-examination.
1.4.2 The contractor shall be responsible to make good any losses / damages
occurring to the institutions, where Written Test is held.
1.4.3 The contractor shall be responsible for attending / defending the interests of
the Client’s Management before Courts of law (Judicial / Quasi-Judicial /
administrative proceedings) Public body or other agencies should the need
arise, with the relevant documentary evidence.

Page | 25
1.4.4 The contractor should be prepared to take up any other activity connected
with the conduct and administration or Written test in case need arises for
the same, as required by NAeL.
1.4.5 The contractor shall maintain utmost secrecy/confidentiality in complete
recruitment process and activities. Further, contractor shall limit the access
of confidential information to only those authorized employees on its roll/
personnel/ implementation partners & their personnel only- who require
access to such information for proper performance of the contract.
Contractor shall also ensure that each of them has been informed of the
confidential nature of the scope of services and they take all measures/
comply with applicable rules or policies to keep it confidential/secure/secret.
1.4.6 Contractor shall carry out recruitment in line with Client’s policies / rules.
1.5 PAYMENT
1.5.1 The payment shall be made to Contractor as per agreed rates in Price Bid
between client and contractor (Refer Section 6).
1.5.2 Separate bills shall be raised by contractor for each phase/ cycle of
recruitment on satisfactory completion of respective phase/ cycle of
recruitment (Phase details are given in Table B below) and bills shall be
submitted to the Company. For Phase-I, payment will be made on pro-rata
basis (60 % on completion of Phase – I) as it will be fixed cost for 01 (one)
year. However, if during the contract period no recruitment activity takes
place, no payment will be made to the vendor for Phase-I on this account.
For Phase-II & Phase-III payment will be on actual basis for each cycle of
recruitment as per relevant range of application.
Table- B:

Description
Phase- I
Phase Description of Work & Total Application Range
Phase - I Development / Customization of Software, Hosting the
Application format in NAeL website, Capturing online
applications, preliminary screening of applications and
furnishing data in the required formats as per the Scope of
Work.
Phase - II Sending letters to the candidates sponsored by Will be
Employment Exchange, Zilla Sainik Board, TTC done by
etc. through Speed Post/ Registered Post NAeL
intimating them to apply online against the
advertisement for one year / cycle of recruitment
for a period of one years.

Phase- III Sending Admit Card by e-mail as well as by Registered/Speed

post to the short listed candidates, conducting Written Test for
the candidates for one years and OMR sheets evaluation and
handing over the result of Written Test to client for website

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 hosting for one year / cycle of recruitment.

1.5.3 NAeL shall make 75% payment for services rendered against each phase
(except Phase-I) along with 100% of applicable Taxes - within 30 days from
the date of phase-wise bill submission subject to satisfactory performance
certified by officer in charge / designated co-ordinator from HR Department
for that phase.
Balance 25% of each phase and pending payment of Phase –I (40% of
quoted rate) shall be released within 30 days from the date of submission of
last phase bill (subject to completion of all phases and overall satisfactory
performance certified by officer in charge / designated coordinator from HR
Department of the Company for required services on turn-key basis).
1.5.4 All payments will be made through NEFT/RTGS. The successful Bidder will
provide Name of the Bank, Branch, Beneficiary name, Bank Account No.,
Bank account type, IFSC of Bank and copy of Cheque leaf, etc. to NAeL.
Successful Bidder has to fill up the ECS form duly certified from Bank.
1.5.5 TAXES: The prices quoted should be exclusive of Goods & Service Tax
(GST). GST will be payable extra as per applicable rates. TDS (withholding
tax) shall be deducted as per applicable rules from time to time. TDS
certificate for the same shall be issued by client. All the bills should mention
PAN No. and GST registration no. Levy of taxes not existing in legislation so
far will be reimbursed/ paid additionally from the date they come into effect.

1.6 SECURITY DEPOSIT

1.6.1 The successful bidder shall have to deposit 10% of the value of the Contract
as Security Deposit within 15 days of signing of contract agreement, by
Demand Draft or Bank Guarantee in a prescribed format of NAeL (enclosed
at Section 6, Form I) from a scheduled bank in India valid up to 60 days after
the completion of contract period/last supply. In case of BG, it should be sent
directly to NAeL by the Bank. Estimated value of the contract shall be worked
out as per “Price Bid”.

1.6.2 This Security Deposit will bear no interest and will be returned only after the
Contract is completed to the entire satisfaction of NAeL. In case the contract
is not executed to the entire satisfaction of NAeL, the security deposit shall
be forfeited, besides initiation of risk purchase action.
1.6.3 No claim will be entertained against NAeL either in respect of interest, if any
due on the security deposit or depreciation in value.
1.6.4 On due performance and completion of the contract in all respects, the
security deposit will be returned to the contractor, without any interest, on
presentation of absolute “No Demand Certificate” and upon return in good
condition of any specifications, drawings, samples or any other property
belonging to the client, which may have been issued to the contractor.
1.6.5 It should be ensured that Bank Guarantee shall be free from all typographical
error/ deletions/inclusions, riders etc, requires to be authenticated by bank

Page | 27
 signatory with official stamp.
1.6.6 In case, the contractor fails to submit the Security Deposit Bank Guarantee
either in form of BG or DD, the deduction could be made from the first bill to
appropriate towards Security deposit amount.

1.7 LIQUIDATED DAMAGES (LD)

1.7.1 Time schedule for milestones / activities is given in section 4. All milestones /
activities are covered under 02 phases for payment purpose. These phases
are defined in table –B of para 1.5 of section 5. In case contractor fails to
complete the service within the given time schedule and delay is attributable
to contractor, LD shall be calculated separately for each phase as given
hereinafter.
a) For purpose of calculating LD, delayed or unexecuted Activity and the
Phase to which this Activity belongs shall be first identified. LD will be
calculated in totality for each Phase and intermediate delays will not be
considered for LD.
b) Client reserve the right “To collect a sum of 0.5% per week of actual
payable amount by client towards respective phase for per day of delay
or part thereof, subject to maximum of 10% of actual payable amount for
that phase “ - as client’s claim towards liquidated damages on the
delayed or unexecuted Activity.

1.8 PENALTIES
- If any of the Question / Options used during the written test is found to be
wrong at any phase, the contractor shall be liable for a penalty of Rs.
5000/- for each error.
- Maximum Penalty under this head is restricted to Rs. 10,000/-
1.8.1 The contractor shall be liable for a penalty of Rs. 10,000/-, if any of the
test centre or its administration is not up to the specification provided.

1.9 NON ASSIGNMENT TO THIRD PARTY

1.9.1 Bidder shall not be entitled without NAeL’s prior written consent to assign or
transfer to a third party all or part of the benefits or obligations of the
contract.

1.10 CONFIDENTIALITY
1.10.1 The bidder shall hold confidential data and information supplied by the Client
or on behalf of the Client and shall not reproduce any such data or
information or divulge the same to any third party without the prior written
consent of the Client. The Client shall hold confidential data and information
supplied by the bidder or on behalf of the bidder and shall not reproduce any
such data or information or divulge the same to any third party without prior
written consent of the bidder except as far as may be necessary for either

Page | 28
 party to carry out its obligations under this Contract.

1.11 RISK PURCHASE

1.11.1 Successful bidder will provide services as per contract in full within the
stipulated period. In case the contractor fails to execute the contract either in
terms of quality or in quantity, NAeL reserves the right to get (purchase) the
services from elsewhere at the risk and cost of the contractor and any extra
expenditure incurred due to this purchase is payable by the contractor.

1.12 APPROPRIATION
1.12.1 Whenever under this contract any sum of money is recoverable from any
payable by the contractor, NAeL shall be entitled to recover such sum by
appropriating in part or whole by deducting any sum then due or which at
any time thereafter may become due to the contractor in this or any other
contract entered by NAeL as a whole and Branch Offices etc., held by him
alone or in partnership with others. Should this sum be not sufficient to cover
the full amount recoverable, the contractor shall pay to NAeL on demand the
remaining balance due.

1.13 BRIBES AND GIFTS

1.13.1 Any bribe, commission, gift or advantage given, promised or offered by or on
behalf of the contractor or his parties, agent or servant or any one on his or
their behalf to any officer, servant, representative or agent of NAeL or any
person on his or their behalf in relation to the obtaining or to the execution of
this or any other contract with NAeL shall in addition to any criminal liability
which the contractor may incur, subject the contractor to the cancellation of
this and all other contracts with NAeL and also to payment of any loss or
damage resulting from any such cancellation thereof. Any question or
dispute as to the commission of any offence under the present clause shall
be settled by NAeL in such manner and on such evidence or information as
they may think fit and sufficient and their decision shall be final and
conclusive.

1.14 TERRITORY
1.14.1 This contract shall be governed by and subject to and interpreted and
construed in accordance with the Laws of Republic of India, as may be in
force from time to time.

1.15 PARALLEL ARRANGEMENT

1.15.1 NAeL shall reserve the right for entering into parallel contracts with the other
firms/ vendors for the same/ similar requirement, if found necessary.

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1.16 ARBITRATION
1.16.1 All disputes or differences whatsoever arising between the parties out of or
relating to the construction, meaning and operation or effect of this Contract
or the breach thereof shall be settled by Arbitration in accordance with the
provisions of Arbitration & Conciliation Act, 1996, as amended from time to
time, and the award made in pursuance thereof shall be binding on the
parties.

1.17 JURISDICTION
1.17.1 The Court of Prayagraj/Allahabad only shall have jurisdiction to deal with and
decide any legal matter whatsoever arising out of this Contract.

1.18 NON-INVOLVEMENT OF AGENTS

1.18.1 The contractor confirms and declares to NAeL that he is/they are not
engaging any agent for the work specified herein.

1.19 INDEMNITY
1.19.1 This contractor shall at all times indemnify NAeL against all claims which
may be made in respect of the work assigned to him.

1.20 SUSPENSION OF THE PERFORMANCE OF DUTIES & SERVICES

1.20.1 Client may suspend, in whole or in part, the services of contractor at any
time on giving minimum of 15 days’ notice.
1.20.2 Upon notice of suspension, contractor shall suspend immediately the
services and reduce the expenditure to a minimum (to be agreed upon by
both the parties).
1.20.3 Upon suspension of the performance of services, contractor shall be entitled
to reimbursement of the costs which shall have been actually incurred prior
to the date of such suspension. However, the total reimbursement shall be
restricted to Contract price.
1.20.4 By 15 days prior notice, Client may request contractor to resume the
services, without any cost to client.
1.20.5 If the suspension of the services exceeds six (06) months, either party shall
be entitled to terminate contract under ‘Termination clause’.

1.21 TERMINATION
1.21.1 The contract may be terminated with mutual consent of both parties after
giving 3 months written notice by either party. This notice period may be
reduced by mutual consent of both the parties.

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1.21.2 NAeL will reserve the right to terminate the contract by giving 07 days notice
to contractor, without any financial liability, in following cases:
a) Contractor not performing as per terms and conditions of this contract
b) In case of unsatisfactory services or continuous delay as per contract
c) Breach of any of the terms and conditions herein contained or otherwise
stipulated in the tender documents / agreements
d) Any similar situation arises
In such cases, Security Deposit shall be forfeited and final settlement shall
be made after deducting dues / liabilities of contracting agency (as per
contract terms & conditions) from pending bills.

1.21.3 NAeL will reserve the right to terminate the contract without giving any notice
to contractor in following cases:
a) In case of any wrong / incorrect / misleading declaration / information
furnished by the Agency, either prior to award of contract or during the
contract period.
b) If contractor is found indulged in any of the corrupt practices or not
following the ethical practices.
c) Any similar situation arises
In these cases, the quotation / contract will liable to be rejected /
cancelled with forfeiture of any money viz. Security Deposit apart from
initiation of appropriate action under relevant authorities / courts of law."

1.21.4 NAeL will reserve the right to terminate the contract without giving any notice
to contractor in following cases :
a) In case of agency declared bankrupt, insolvent or liquidated by
appropriate authorities.
b) In case contracting agency stops to exist due to any reasons e.g. death
of proprietor / partner, company is dissolved, legal action etc.
c) In case contracting agency fails to provide services as per contract due to
its unhealthy financial condition.
d) Any similar situation arises
In such cases, Security Deposit shall be forfeited and final settlement
shall be made after deducting dues / liabilities of contracting agency (as
per contract terms &conditions) from pending bills.
1.22 FORCE MAJEURE
1.22.1 If any time during the currency of the contract, the performance in whole or
part by either party of any obligation under this contract shall be prevented or
delayed by reasons beyond the control of either party, acts of public enemy,
civil commotion, sabotage, fires, floods, explosions epidemics or other acts
of God, Strike or lockout (herein after referred to eventualities) provided
notice is given by either party to the other within 3 days from the date of

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 occurrence neither party have any claim for damages against the other in
respect of such non-performance or delay in performance / service. The
services shall resume as soon as such eventualities come to an end, or
ceased to exist.

1.23 AMENDMENT TO CONTRACT

1.23.1 If any practical difficulty is faced in contract execution or a situation arises
that demands an amendment / alteration in the contract, the contract may be
amended / altered with written mutual consent of both the parties.
1.24 CURRENCIES OF BID AND PAYMENTS
1.24.1 The Bidder shall submit his price bid / offer in Indian Rupees and payments
under this contract will be made in Indian Rupees.

1.25 CORRUPT OR FRAUDULENT PRACTICES

1.25.1 The client requires that the Bidders / Contractors under this contract observe
the highest standard of ethics during the procurement and execution of this
contract. In pursuance of this policy of the client.
Define the purpose of these provisions, the items set forth below as follows.

I. “Corrupt Practice “means the offering ,giving, receiving or soliciting of

anything of value to influence the action of a public official in the
procurement process or in contract execution; and

II. “Fraudulent Practices “means a misrepresentation of facts in order to

influence a procurement process or the execution of contract to the
detriment of the client, and includes collusive practice among Bidders
(prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the client of the benefits of
free and open competition.

a) Will reject a proposal for award of contract if he determines that the

Bidder recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question.

b) Will declare a Bidder in-eligible, either indefinitely or for a stated period of

time to be awarded a contract / contracts if he at any time determines that
the Bidder has engaged in corrupt and fraudulent practices in competing
for, or executing the contract.

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 SECTION -6
FORMS & FORMATS

FORM-I- Bank Guarantee Format for Security Deposit

FORM-II- Format of Contract Agreement
FORM-III – NAeL Bank Account details for e-payment of EMD
Form IV: Purchase Preference Policy (PPC)
Form V: Restriction under Rule 144 (xi) of General Financial Rules
(GFRs) 2017 OM No 6/18/2019-PPD Dated 23/07/2020)

‘XLS’ File List & Annex-I to be filled & submitted by Bidder on e-proc
portal:

 Technical Bid (Part of Technical Bid)

 Bidder’s Profile Form (Part of Technical Bid)

 Price Bid (Part of Financial Bid)

Note : The formats for Technical Bid, Bidder’s Profile & Price Bid are
attached in Separate EXCEL File.

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 FORM - 1

FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

1. In consideration of the NAINI AEROSPACE LIMITED, PRAYAGRAJ _________

Company (hereinafter called as " NAeL") 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”______________________________________” 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 NAeL 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 NAeL 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 NAeL 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 NAeL 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 shall be
conclusive as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding _______________ (indicate the amount in Rs. / Foreign
Currency).

3. We undertake to pay to NAeL 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 NAeL that NAeL shall have the fullest

Page | 34
 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 NAeL against the said
Contractor(s)/supplier and to forbear or enforce any of the terms and conditions
relating to the said agreement/contact/order and we shall 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
NAeL or any indulgence by NAeL 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 NAeL in writing and agree that any change in the
constitution of the said contactor(s)/Supplier(s) or Bank shall not discharge the
Bank of its liability under this deed.

6. The validity of Bank Guarantee shall be up to…………………………...

(dd/mm/yy) and such date shall be 60 days after the last delivery/Services
against the contract. The Bank Guarantee will continue to be enforceable till all
the dues of NAeL under or by virtue of the said Agreement / Contract/Order
have been fully paid and its claims satisfied or discharged or till NAeL 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. The Bank Guarantee can be invoked by submitting the claim at any Branch of
the issuing Bank.

8. Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed Rs..........…
(Rupees ……………………..… Only)

b) This Bank Guarantee shall be valid up to ____________ (being the date

of expiry of the guarantee) and

b) The Beneficiary’s right as well the Bank’s liability under this Guarantee
shall stand extinguished unless a written claim or demand is made under
this Guarantee on or before _________________ [ ] ((being the date of
expiry of claim period which in no case should be less than 1 year from
the date of expiry of validity period of BG as per clause 8 (b) above).

9. This Bank Guarantee shall be governed by and constitute in accordance with

Indian Law and shall be subject to exclusive Jurisdiction of Indian Courts.

10. Dated the____________ day of ___________ _____ for

______________________________ (indicate the name of the Bank).

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 FORM-II
FORMAT FOR CONTRACT AGREEMENT

(TO BE EXECUTED ON NON JUDICIAL STAMP PAPER OF VALUE OF

Rs.100/- WITHIN 30 DAYS OF ACCEPTANCE LETTER)

CONTRACT - DRAFT AGREEMENT

THIS AGREEMENT executed on the _____day of ______ 20__ BETWEEN

M/S. NAINI AEROSPACE LIMITED, having its Registered Office at # 15/1, Cubbon
Road, Bangalore - 560 001, represented by Shri ______________,
_________________, and hereinafter referred to as 'NAeL' or ‘First Party ‘ which
term shall cover its successors and assigns:
AND
M/S. _________________________________________________, a Company
incorporated under the Companies Act having its Registered Office at
__________________________________________________ represented for the
present by Shri __________________ of _________ hereinafter referred to as ' the
‘Second Party’ or ‘Contractor’ which terms shall cover its successors and assigns :

I. WHEREAS ___________________’ has desired to enter into a Contract with

NAeL for “Outsourcing of Recruitment related activities for Engagement of
Personnel on tenure basis in Non-Executive cadre for NAeL,Prayagraj” and the
terms and conditions of contract as contained herein have been agreed upon
between the parties.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The Agreement shall be designated by the Number ____________dated

__________ 20__, which will be referred to in all correspondence.

2. The duration of this agreement shall be initially for a period of _______ years
commencing from __________ with an option to extend further period on mutual
consent.

3. OBLIGATION TO PROVIDE SEVICES:

3.1 As per this agreement, Second Party shall provide services for Outsourcing
of Recruitment related activities for Engagement of Personnel on Tenure basis in
Non-Executive cadre for NAeL, Prayagraj to First Party as per Requirement and
Terms and Conditions given herein:-

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3.1.1 Scope of Services

_____________________________________________________________
______________(As agreed by NAeL and successful bidder with reference to this
tender)

3.1.2 Terms and Conditions

_____________________________________________________________
______________ (As agreed by NAeL and successful bidder with reference to
this tender)

3.1.3 Price Schedule:

__________________________________________________________________
_________(As agreed by NAeL and successful bidder with reference to this tender)

IN WITNESS WHEREOF the parties hereto have executed these presents in the
presence of the Witnesses attesting hereunder:

For and on behalf of For and on

behalf of
NAINI AEROSPACE LIMITED

(__________) (__________)

_________________
_________________

WITNESS: WITNESS:

1) 1)

2) 2)

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FORM-III

NAeL BANK ACCOUNT DETAILS FOR e-payment of EMD

Account No – 36509020116
Account Name – NAINI AEROSPACE LIMITED
IFSC CODE – SBIN0000139
BRANCH NAME – SME BRANCH, NAINI
BANK NAME – STATE BANK OF INDIA

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FORM-IV

APPENDIX-A-I

(Type-I)

Format for “Self-Certification” for “Local Content”

(to be provided from Vendor letter head)

Tender Ref. No.:_______________________________ & Date: ___________

To,

_________________

________________________

In consideration of the above referred Tender floated/issued by Naini Aerospace

Limited, Prayagraj (hereinafter called as “NAeL”), I/We
M/s_________________________ of _____________________ (hereinafter
referred to as “Bidder”) certify that I/we have offered the products with local content
of -----%.

Details of the location(s) at which the local value addition is made:

(i)
(ii)

I/We further certify that, in case we are awarded an order against this tender, the
supplies against such order will comply with above indicated Minimum Local
Content.

Date : Authorized Signatory

Place : Name of the Person :

Designation :

Firm Name & Seal

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 FORM-V

(Restriction under Rule 144 (xi) of General Financial Rules (GFRs) 2017 OM No
6/18/2019-PPD Dated 23/07/2020) – Bidder to submit under taking given at the end
of this Format.
I. Any bidder from a country which shares a land border with India will be
eligible to bid in this tender only if the bidder is registered with the
Competent Authority.

II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in

certain contexts) means any person or firm or company, including any
member of a consortium or joint venture (that is an association of several
persons, or firms or companies), every artificial juridical person not falling
in any of the descriptions of bidders stated hereinbefore, including any
agency branch or office controlled by such person, participating in a
procurement process.
III. “Bidder from a country which shares a land border with India” for the
purpose of this Order means:-
a. Any entity incorporated, established or registered in such a country: or
b. A subsidiary on an entity incorporated, established or registered in
such a country: or
c. An entity substantially controlled through entities incorporated,
established or registered in such a country: or
d. An entity whose beneficial owner is situated in such a country: or

e. An Indian (or other) agent of such an entity: or

f. A natural person who is a citizen of such a country: or
g. A consortium or joint venture where any member of the consortium or
joint venture falls under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is natural person(s). Who, whether acting alone or together, or
through one or more juridical person, has a controlling ownership interest
or who exercise control through other means.
Explanation-
a. “Controlling ownership interest” means ownership of or entitlement to
more than twenty-five per cent. Of shares or capital of profits of the
company:

b. “Control” shall include the right to appoint majority of the directors or

to control the management or policy decisions including by virtue of

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 their shareholding or management rights or shareholders agreements
or voting agreements:
2. In Case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or
more juridical person, has ownership of entitlement to more than fifteen
percent of capital or profits or the partnership:
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s), who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individuals:
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position
of senior managing official:
5. In Case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries
with fifteen percent or more interest in the trust and any other natural
person exercising ultimate effective control over the trust through a
chain of control or ownership.
6. An Agent is a person employed to do any act for another, or to
represent another in dealings with third person.
V. To be inserted in tenders for Work contracts, including Turnkey contracts]
The successful bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless
such contractor is registered with the Competent Authority.

(UNDERTAKING TO BE SUBMITTED BY BIDDER)

”We have read the clause regarding restrictions on procurement from a
bidder of a country which shares a land border with India: We certify that we,
M/s _________________________ is not from such a country or, if from such a
country, has been registered with the Competent Authority. We hereby certify
that we fulfills all requirements in this regard and is eligible to be considered.
[Where applicable, evidence of valid registration by the Competent Authority
shall be attached]”

(Authorized Signatory)

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