Rf Party 12 Loiter 18112022

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(Cover Page)

REQUEST FOR PROPOSAL


BY
MINISTRY OF DEFENCE
GOVERNMENT OF INDIA
FOR PROCUREMENT OF QUANTITY 10 (TEN) SETS OF
AERIAL TARGETING SYSTEM (EXTENDED RANGE)
ALONG WITH 120 (ONE HUNDRED TWENTY) LOITER
MUNITIONS THROUGH FAST TRACK PROCUREMENT
UNDER EMERGENCY PROCUREMENT

CATEGORY: (BUY INDIAN)

This document is the property of Government of India/Ministry of Defence.

The contents of this RFP must not be disclosed to unauthorised persons and
must be used only for the purpose of submission of Bids.

This document contains Eighty-Eight (88) pages including cover page and Appendices.
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INDEX
Description Reference
Disclaimer 5
Part I of RFP – General Requirements 6-11
Part II of RFP – Technical requirements 12-16
Part III of RFP – Commercial Requirements 17
Part IV of RFP – Bid Evaluation and Acceptance Criteria 18
Appendix A Operational Characteristics and Features 19-23
Appendix B Compliance Table 24
Appendix C Warranty Clause 25-26
Appendix D Certificate: Malicious Code 27
Appendix E Product Support 28-32
Annexure I Annual Maintenance Contract Clause 33
Annexure II Manufacture’s Recommended list of Spares 34-35
Annexure III List of SMT/STEs, Jigs, Fixture and Infrastructure 36
Annexure IV Technical Literature 37
Annexure V Training Aggregates 38
Annexure VI Itemised Spare Part Price List (ISPPL) 39
Appendix F Demonstration Methodology 40-41
Annexure-I Detailed Demonstration Methodology 42-50
Appendix G Guidelines for Framing Draft ATP 51-52
Appendix H Commercial Clauses 53-56
Annexure I Guidelines for Protecting ERV in contracts 57-58
Annexure II Bank Guarantee Format for Advance 59-60
Annexure III Bank Guarantee Format for PWBG 61-62
Annexure IV Format for Extension of Delivery Period/Performance 63-64
Notice
Annexure V Delivery Schedule and Stages of Payment 65-66
Appendix J Bid Evaluation and Acceptance Criteria 67-69
Appendix K Standard Conditions of RFP 70-74
Annexure I Pre Contract Integrity Pact 75-83
Format for EMD 84
Appendix L Criteria for Vendor Selection/Pre-Qualification 85
Appendix M Check-Off list – Documents to be Submitted 86
Appendix N Glossary 87
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DISCLAIMER

This RFP is neither an agreement and nor an offer by the MoD to the prospective Bidders
or any other person. The purpose of this RFP is to provide interested parties with information
that may be useful to them in submitting their proposals pursuant to this RFP. This RFP
includes statements, which reflect various assumptions and assessments arrived at by the
MoD in relation to the Project. This RFP document and any assumptions, assessments and
statements made herein do not purport to contain all the information that each Bidder may
require. The Bidder shall bear all its costs associated with or relating to the preparation and
submission of proposal pursuant to this RFP. Wherever necessary, MoD reserves the right to
amend or supplement the information, assessment or assumptions contained in this RFP. The
MoD reserves the right to withdraw the RFP or foreclose the procurement case at any stage.
The issuance of this RFP does not imply that the MoD is bound to shortlist a Bidder for the
Project. The MoD also reserves the right to disqualify any Bidder should it be so necessary at
any stage on grounds of National Security.
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PART I - GENERAL REQUIREMENTS

1. This part consists of the general requirement of the Goods (also referred as
equipment/systems/deliverables) and Services, hereafter collectively referred as ‘Deliverables’,
the numbers required, the time frame for deliveries, conditions of usage and maintenance,
requirement for training, Engineering Support Package (ESP), and warranty/guarantee
conditions, etc. It includes the procedure and the date & time for submission of bids.

Non-Disclosure

2. The Bidding documents, including this RFP and all attached documents provided by the
MoD, are and shall remain or become the property of the MoD. These are transmitted to the
Bidders solely for the purpose of preparation and the submission of a proposal in accordance
herewith. Bidders are to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their proposal. The provisions of this
Para shall also apply mutatis mutandis to Bids and all other documents submitted by the
Bidders, and the MoD will not return to the Bidders any proposal, document or any information
provided along therewith (except unopened Commercial Bid and EMD as relevant).

3. Information relating to the examination, clarification, evaluation and recommendation for


the Bidders shall not be disclosed to any person who is not officially concerned with the
process, or concerning the Bidding Process. The MoD will treat all information, submitted as
part of the Bid, in confidence and will require all those who have access to such material to
treat the same in confidence. MoD may not divulge any such information unless it is directed to
do so by any statutory entity that has the power under law to require its disclosure or is to
enforce or assert any right or privilege of the statutory entity and/ or MoD or as may be required
by law or in connection with any legal process.

4. Confidentiality of Information. No party shall disclose any information to any ‘Third


Party’ concerning the matters under this RFP generally. In particular, any information identified
as ‘Proprietary’ in nature by the disclosing party shall be kept strictly confidential by the
receiving party and shall not be disclosed to any third party without the prior written consent of
the original disclosing party. This clause shall apply to the sub-contractors, consultants,
advisors or the employees engaged by a party with equal force.

5. Business Eligibility

(a) Undertaking by Bidders. The Bidder will submit an undertaking that they are
currently not banned / debarred / suspended from doing business dealings with
Government of India / any other government organisation and that there is no
investigation going on by MoD against them. In case of ever having been banned /
debarred / suspended from doing business dealings with MoD/any other government
organization, in the past, the Bidder will furnish details of such ban / debarment along
with copy of government letter under which this ban / debarment / suspension was lifted/
revoked. The Bidder shall also declare that their sub-contractor(s)/ supplier(s)/
technology partner(s) are not Suspended or Debarred by Ministry of Defence. In case
the sub-contractor(s)/supplier(s)/ technology partner(s) of the Bidder are Suspended or
Debarred by Ministry of Defence, the Bidder shall indicate the same with justification for
participation of such sub-contractor(s)/supplier(s)/ technology partner(s) in the
procurement case.
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(b) Subsequent to submission of bids if any sub-contractor(s)/supplier(s)/technology


partner(s) of the Bidder is Suspended or Debarred by Ministry of Defence, the Bidder
shall intimate the Ministry of Defence regarding Suspension or Debarment of its sub-
contractor(s)/ supplier(s)/technology partner(s) within two weeks of such order being
made public.

6. Pre-Qualification Criteria (for Buy (Indian) cases). The detailed Pre-Qualification


criteria for the Bidders for participation in the instant procurement case are placed at
Appendix L to this RFP. All Bidders are to submit details as per the criteria along with the
Technical Bids. These would be evaluated by the TEC comprising of members of the
Empowered Committee or the representatives nominated by the Empowered Committee.

7. Indigenous Content. For the purposes of this RFP and the acquisition contract (if
any) signed by the Ministry of Defence with a successful Bidder, indigenous content shall be as
defined under Para 9 of Chapter I and Para 1 of Appendix B to Chapter I of DAP2020. In
addition, reporting requirements for prime (main) Bidders (and for sub-
contractors/suppliers/technology partners reporting to higher stages/tiers) shall be as
prescribed under Para 4 to 7 of Appendix B to Chapter I of DAP2020. The right to verification
of Bidder/ sub-contractors/suppliers/technology partners shall vest in the Ministry of Defence as
prescribed under Para 10 of Appendix B to Chapter I of DAP 2020; and aspects of delivery,
certification, payments, withholding of payments and imposition of penalties shall be as
prescribed under Para 11 to 15 of Appendix B to Chapter I of DAP 2020. Furthermore,
Bidders in ‘Buy (Indian)’ (for Indian vendors) will be required to submit their indigenisation plan
in respect of indigenous content as stipulated in Para 4 to 7 of Appendix B to Chapter I of
DAP-2020. The DAP-2020 is available at MoD, GoI website (www.mod.nic.in) for reference
and free download.

8. Year of Production. Deliverables Ten (10) Sets of Aerial Targeting System (Extended
Range), One Hundred and Twenty (120) Munitions and Five (05) Simulators supplied under the
contract with unused components/assemblies/sub-assemblies, conforming to the current
production standard and should have 100% of the defined life at the time of delivery.
Deviations, if any, should be clearly brought out by the Bidder in the Technical
Proposal.

9. Delivery Schedule. The delivery schedule of equipment and services along with the
relevant payment stages is specified at Annexure V to Appendix H.

Ser Quantity Delivery Remarks


No Schedule
(a) 10 (Ten) Sets of Aerial Targeting System T0 + 12 T0 is the date
(Extended Range) along with 120 (One Hundred months of signing of
Twenty) Loiter Munitions and 05 (Five) Simulator contract.
Notes.

(i) Manufacturers Recommended List of Spares (MRLS). MRLS delivered


with each system to consist of the entire range of spares. The delivery to be
completed six months before the expiry of warranty.

(ii) Complete quantity of SMT/STEs to be delivered with first batch (if applicable).
(iii) Technical Literature & Training Aggregates. The entire quantity to be
delivered along with the first lot of equipment as applicable.
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10. Once the contract is concluded and the delivery schedule is established, the Bidder shall
adhere to it and ensure continuity of supply of deliverables and their components under the
contract.

11. Warranty. The deliverables supplied shall carry a warranty for 24 months.
Commencement of warranty will be from the date of acceptance post JRI or from date of
installation and commissioning of the SMTs/ STEs (if applicable), whichever is later. No spares will
be drawn during the warranty period from the MRLS and the cost towards all scheduled
servicing during the warranty period will be borne by the Bidder to include spares, labour, oil
and lubricants etc. Warranty Clause is given at Appendix C to this RFP.

12. In Service Life/Shelf Life. The In Service Life and Shelf life of the Equipment will be
minimum 15 (fifteen) years for Aerial Targeting System, Simulators and 10 (ten) years for
munition. In case of shelf life, the relevant storage conditions should be clearly specified. The
Bidder is required to give details of reliability model, reliability prediction and its validation by
designer/manufacturer to ensure reliability of stores throughout Service/shelf life. The efficacy
of reliability model/ prediction/ validation would be verified during TEC/ demonstration as
indicated in Para 39 of RFP.

13. Product Support.

(a) The Bidder would be bound by a condition in the contract that he is in a position
to provide product support in terms of maintenance, materials and spares for a minimum
period of fifteen (15) years for Aerial Targeting System, Simulators and ten (10)
years for munition. Even after the said mandatory period, the Bidder would be bound
to give at least two years notice to the Government of India prior to closing the
production line so as to enable a Lifetime Buy of all spares before closure of the said
production line. This, however, shall not restrict the Buyer from directly sourcing sub-
equipment/sub-assembly and spares from their respective OEMs/sub-Bidders on
completion of warranty. In case the sub-equipment/ sub-assembly/ parts require tuning/
calibration/ integration by the Bidder prior to replacement, the same is to be undertaken
by the Bidder at fair and reasonable cost, as mutually agreed between Buyer and
Bidder. Bidder to provide shelf life extension methodology along with the
Technical Bid. Bidder to also be associated with defect investigation as long as
equipment is in service.

(b) Codification. The vendor/ supplier/ seller shall provide NATO Stock
Number (NSN) for each of the item/ part/ equipment in the bill of material, MRLS and
Jigs/ Fixtures duly linked to the OEM Part No using NATO Codification system (NCS)
adopted by DDP/ Dte of Standardisation (DOS) with DoS functioning as National
Codification Bureau (NCB), India. In case the NSN number is not available, vendor shall
obtain the relevant Technical data and cataloging information and initiate the process for
codification in consultation with DoS. The Seller should provide the codification
before the completion of warranty period.

14. Obsolescence Management Plan. An actionable obsolescence management plan


is to be proposed by the Bidder along with the mechanism for intimation of notification of
obsolescence. The modalities of the mechanism for intimation of notification would be
deliberated during CNC. The mutually agreed mechanism for intimation would form an
integral part of the contract. All upgrades and modifications carried out on the equipment during
its life cycle must be intimated to Capability Development Directorate (CD-5), IHQ of MoD
(Army), Govt of India as per the agreed mechanism.
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15. Training of Crew, QA and Maintenance Personnel. A training package for


training of operators, operator trainers, ordnance personnel and training of QA Personnel for
Quality Assurance of equipment would be required to be carried out in English language and
Hindi language. This training shall be designed to give the operators and maintainers
necessary knowledge and skills to operate & maintain equipment (Field level
Maintenance). The syllabus will be defined by the Bidder in consultation with the Buyer at the
time of CNC. The maintenance training will be imparted to the satisfaction of the Buyer and
Bidder will ensure that the training content and period will be to impart working proficiency up to
the required level. All training requirements such as training aids, projection system, complete
equipment with accessories / optional, technical literature, spares, test equipment / test set up,
charts, training handouts, power point presentations, Computer Based Training (CBT),
Documentation, Simulators etc will be catered by the Bidder.

16. The Bidder would provide the following training to the personnel of the Buyer based on
agreed terms of: -

Ser Training Type of Duration No of Total No of Remarks


No Location Trg (Days per Batches Personnel
batch)

User / Operator Training

(a) PFFR/ to be - 14 working 02 42 (Training to be


decided by days conducted post-
Empowered (21 Personnel per delivery of 1st lot of
Committee Batch) main equipment
(as applicable)

Repair and Maintenance Personnel

(b) OEM ‘O’ 14 working 02 17 Batch I - 09


Premises Level days Personnel
Batch II - 08
Personnel
QA personnel

(c) OEM 07 Working 01 04 Training to be


Premises days conducted before
dispatch of 1st lot of
main equipment

Note.

(i) The training to enable the user/ operators to effectively operate the equipment
and its accessories in field conditions. The training should also enable QA personnel to
carry out effective ATP, QA and defect investigations.
(ii) The above training should meet the needs of repair and maintenance of the
complete equipment, use of SMTs/ STE, test set up, assemblies/ sub-assemblies as per
the stipulated repair philosophy. In addition to training on operation and diagnosis using
STEs, training would also cover repair of STEs using procured spares for STEs.
(iii) Training content should commensurate with the Permissible Repair Schedule
(PRS).

(iv) The training should bring out utilization of provided MRLS items including
procedure of their fitment/ repair.
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17. Government Regulations. It may be confirmed that there are no Government


restrictions or limitations in the country of the Bidder or countries from which subcomponents
are being procured and/or for the export of any part of the deliverables being supplied.

18. It may be further confirmed that all national and international obligations relevant to
transfer of conventional arms of the country of the supplier or countries from which parts and
components are being procured, have been taken into account for the duration of the contract.
Accordingly, thereafter there would be no review, revocation or suppression of Defence export
license and other related clearance issues to the supplier for the contract that could impinge on
the continuity of supply of items and their parts or components under the contract.

19. Patent Rights. The Bidder should confirm that there are no infringements of any Patent
Rights in accordance with the laws prevailing in their respective countries.

20. Earnest Money Deposit. In the subject RFP, the Bidder is required to sign and submit
Pre Contract Integrity Pact (PCIP), if applicable, given at Annexure I to Appendix J to this
RFP and shall also deposit Earnest Money Deposit (EMD) ₹ 70 (Seventy) Lakhs as Earnest
Money Deposit (EMD) through any of the instruments mentioned therein. This would be
submitted in a separate envelope clearly marked as ‘IP and EMD at the time of submission of
Technical and commercial offers. The Beneficiary Bank Details for furnishing EMD are as
follows:-

(IFSC Code - SBIN0000691)


State Bank of India New Delhi Main Branch
C Block, 11 Parliament Street
New Delhi, Pin: 110001

21. Fall Clause. If the equipment being offered by the Bidder has been supplied/contracted
with any organisation, public/private in India, the details of the same may be furnished in the
technical as well as commercial offers. The Bidders are required to give a written undertaking
that they have not supplied/is not supplying the similar systems or subsystems at a price lower
than that offered in the present bid to any other Ministry/Department of the Government of India
and if the similar system has been supplied at a lower price, then the details regarding the cost,
time of supply and quantities be included as part of the commercial offer. In case of non-
disclosure, if it is found at any stage that the similar system or subsystem was supplied by the
Bidder to any other Ministry/Department of the Government of India at a lower price, then that
very price, will be applicable to the present case and with due allowance for elapsed time, the
difference in the cost would be refunded to the Buyer, if the contract has already been
concluded.
Bid Timelines

22. Any queries/clarifications to this RFP may be sent to this office by 1700 hr on 25 Nov
2022. A copy of the same may also be sent to:-

Directorate General of Arty/ Arty-12


Room No 504, A Wing,
Sena Bhawan
New Delhi-110011
Tele & Fax No: 8210641101
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23. Pre-Bid Meeting. A pre-bid meeting will be organized by SHQ at 1500 Hours on
06 Dec 2022 at the address given at Para 22 above to answer any queries or clarify doubts
regarding submission of proposals. The Bidder or his authorised representative is requested to
attend. Necessary details may be sent a week in advance to the address given at Para 22
above, to facilitate obtaining of security clearance.

24. Submission of Bids. The Technical and Commercial Proposals along with IP and
EMD should be sealed separately in three separate envelopes clearly indicating
Commercial/Technical/IP and EMD and any other Bank Guarantee as applicable, and then
put in one envelope and sealed (all the envelopes should clearly state the letter No of RFP
and the name of equipment and Bidder name) and submitted to the undersigned at the
address given at Para 22 above by 1700 Hours on 19 Dec 2022.

25. Offer opening by a Offer opening committee will be held at 1500 hrs on 20 Dec 2022 at
the same venue as indicated at Para 22 above. The Bidder or his authorised representative is
welcome to be present at the opening of the proposals. Necessary details may be sent at least
one week in advance to facilitate obtaining of security clearance.
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PART II - TECHNICAL REQUIREMENTS

26. The second part of the RFP incorporates the aspects of SQRs describing the technical
parameters of the proposed equipment, and the environmental parameters for functioning. The
operational parameters and features that should be met by the equipment are elucidated at
Appendix A to this RFP and the Compliance Table at Appendix B to this RFP. The Bidder
would be required to offer the equipment for demonstration on a “No Cost No Commitment”
basis.

27. Operational Characteristics and Features. The broad operational parameters and
features that are to be met by the equipment are elucidated at Appendix A to this RFP.

28. Technical Offer. The Technical Offer must enable detailed understanding of the
functioning and characteristics of the equipment as a whole and each sub system
independently. It must include the performance parameters as listed at Appendix A to this
RFP and any other information pertaining to the technical specifications of the equipment
considered important/ relevant by the Bidder. The technical proposal should also include
maintenance schedules to achieve maximum life and expected life of each
assembly/subassembly (or Line Replaceable Unit (LRU)/Shop Replaceable Unit (SRU)),
storage conditions/environment condition recommended and the resultant guaranteed in-
service & shelf life. The range and depth of spares included in the proposal should be
supported by necessary reliability and prediction model or authenticated by past data on the
similar equipment in use. Any Bidder found to be providing lesser ESP/MRLS in terms of
range and depth will have to make good the deficiency at no extra cost. The final list of MRLS
to this effect is to be submitted prior to CNC.

29. If there is any associated optional equipment on offer that should also be indicated
separately along with the benefit that are likely to accrue by procuring such optional equipment.
Should the Bidder be contemplating any upgrades or modifications to the equipment being
offered, the details regarding these should also be included in the Technical Proposal.

30. Technical Details.

(a) The technical details should be factual, comprehensive and include specifications
of the offered system/equipment against broad requirements listed in Appendix A to this
RFP.

(b) Insufficient or incomplete details may lead to rejection of the offer. Mere indication
of compliance may be construed as incomplete information unless system’s specific
technical details are available in the offer. A format of the compliance table for the
technical parameters and other conditions of RFP is attached as Appendix B to this
RFP.

31. The technical offer should have a separate detachable compliance table as per format
given at Appendix B to this RFP stating specific answers to all the parameters as listed at
Appendix A to this RFP. It is mandatory to append answers to all the parameters listed in
Appendix A to this RFP. Four copies of the Technical Proposal should be submitted (along
with one soft copy), however only one copy of the commercial proposal is required.

32. Malicious Code Certificate. The Bidder is required to submit a ‘Malicious Code
Certificate’ (only for Electronic items and Software) along with the Technical Proposal. The
format is placed at Appendix D to this RFP.
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33. Demonstration/ Evaluation The Bidder is requested to confirm his willingness to


provide the equipment for Demonstration/ Evaluation in India on "No Cost No Commitment"
basis within 45 (Forty Five) days of issue of RFP. The Empowered Committee, at his own
expense, will depute its representatives for the Demonstration / Evaluation. If any part of the
Demonstration / Evaluation conducted in the Buyer’s facilities, the Bidder shall depute his
personnel and equipment at his own expenses and bear the cost of all expenses of
demonstration other than the cost of ranges, platform or facilities which the Buyer may choose
to provide free of cost. Demonstration Methodology is given at Appendix F to this RFP. The
equipment produced for the Demonstration/ Evaluation by Bidders will be retained till the
signing of the contract. Post contract, equipment of the Bidder, chosen for the contract
will be retained till the completion of the delivery.

34. Product Support (ESP). After induction, the equipment/system would be repaired and
maintained as per the repair and maintenance philosophy at Appendix E to this RFP. The
information on Engineering Support Package that is required to be provided is enclosed
at Annexure I to VI to Appendix E to this RFP.

35. Spares. The spares requirement for 03 (Three) Years will be as per Appendix E to this
RFP. The spares are required to be categorized in four categories as follows: -

(a) Manufactured by Bidder as OEM and can be sourced as per Part No.
(b) Bought out items and customized by the OEM for the specific purpose and such
customization would require OEM intervention.
(c) Bought out from other OEMs/Third Party as specialised items and used without
any customization. Such items can be sourced by quoting their Part No./Identification
No. as given by OEM/Third Party and directly utilised.
(d) General Engineering items/COTs which can be sourced by stating the relevant
standards and item description.

36. As brought out at Para 28, the range and depth of spares included in the proposal
should be supported by necessary reliability and prediction model or authenticated by past data
on the similar equipment in use. Any Bidder found to be providing lesser ESP/MRLS in terms of
range and depth will have to make good the deficiency at no extra cost. The Final list of MRLS
to this effect is to be submitted prior to CNC. The Buyer would also have the option to amend
the MRLS proposed by the Bidder within 03 (Three) years of the expiry of the warranty period.
The Bidders would either ‘Buy Back’ the spares rendered surplus or exchange them on cost to
cost basis with the spares as required by the Buyer.

37. Online Inventory Management System (OIMS). The Army is in the process of
implement its own OIMS from workshop upto COD level. The Bidder will be required to provide
data of main equipment, its accessories and spares in the format required for its uploading on
OIMS of the Army for inventory management by Ordnance Depots and by EME workshops.
Following inputs is to be obtained from the Bidder in excel format in soft copy with respect to
100% data of all spares/ accessories/ Major and minor accessories: -

Cos Part Manufacturer Nomenclature Source Country of Net wt Basic


Sec No Part No of origin of the (in Kg) material
supply material
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38. Active Technology Obsolescence Management. Bidder is to indicate the


methodology on how the Bidder intends to undertake Active Obsolescence Management
through life cycle of equipment which would include upgradation of system/ subsystem/ units
on completion of its fair service life. The Bidder/OEM shall also intimate Buyer on likely
technology obsolescence of various sub-assemblies/units/modules of equipment through an
Annual Bulletin. In case of impending obsolescence of components, bulletin should specify
either alternate item or option for life-time buy as under: -

(a) The Bidder/OEM will notify the Buyer not less than two years before the
closure of its production line about the intention to close production of equipment for
provision of purchasing spare parts, before closure of the said production line.

(b) Three years prior to completion of design/service life of equipment, the


Bidder/OEM will submit techno-commercial proposal for upgradation of equipment,
wherever applicable, to mitigate technology obsolescence and for ensuring product
support for entire redefined life cycle of the equipment.

Evaluation of Technical Offers

39. The Technical Offer submitted by the Bidder will be evaluated by a Technical Evaluation
Committee (TEC) comprising of the Empowered Committee members or the representative
nominated by the Empowered Committee. Empowered Committee to confirm that the
equipment being offered meets the Operational Parameters and features as elaborated at
Appendix A. Post technical evaluation, the bidders would be asked to provide One set of
Aerial Targeting System consisting of One (01) Launcher Platform including vehicles duly
modified for fitting Canister/ Towing Launcher (as applicable), Command Control,
Communication & Power Supply System; One (01) Control Station; One (01) Forward Control
Station, Three (03) Loiter Munitions (Anti-Personal/ Anti-Armour/ Hybrid Warhead having
both Anti- Personal & Anti-Armor capability. Exact distribution to be decided by the
Empowered Committee before demonstration) ; Two (02) Inert Warheads and one simulator
for demonstration/ evaluation as per the Demonstration Methodology given at Appendix F to
this RFP at ‘No Cost No Commitment’ basis.

40. For an equipment to be introduced in service, it is mandatory that it successfully clears


all stipulated demonstration /evaluations as per RFP.

41. Commercial offers will be opened only of Bidders whose equipment is short-
listed, after TEC and demonstration/ evaluation. In other words, the equipment would be
required to be demonstrated and found suitable by Empowered Committee prior to
commencement of any commercial negotiations.

Quality Assurance Instructions & Technical Evaluation Plan

42. Bidder is to submit a Draft Acceptance Test Procedure (ATP) along with the Technical
bid. Based on the draft ATP, the ATP will be finalised by the Buyer’s QA agency with Bidder
during CNC. ATP shall be included in the contract at the time of finalisation with successful
bidder. ATP will lay down the tests to be carried out during PDI and JRI. It shall be ensured that
there are no repetition of QA tests in PDI and JRI. The JRI would normally be restricted to
quantitative checks only, except where check proof is required to be carried out. One round
each of Loiter Munition (Anti-Personal/ Anti-Armour/ Hybrid Warhead having both
Anti-Personal & Anti Armour capability; as applicable in the contract) will be fired for check
proof. The Loiter Munition for check proof will be over & above the deliverable quantity of
120 Loiter Munition. QA of equipment will be carried out as per finalised QA plan during the
15

demonstration. For COTS equipment, Bidder will provide Shelf Life Certification, requisite test
reports and certification as per standards of manufacturing by Bidder. The draft ATP will be
analysed for adequacy and sufficiency during demonstration. All prerequisite documents and
supporting test reports pertaining to equipment under demonstration to be submitted during
demonstration. Guidelines for framing of Draft ATP are given at Appendix G.

Marking and Packaging

43. Marking of Deliverables. The Bidder shall ensure that each deliverable is marked
clearly and indelibly, as follows: -

Ground Support Equipment - “AERIAL TARGETING SYSTEM (EXTENDED


RANGE)”

Ammunition - “AERIAL TARGETING SYSTEM (EXTENDED RANGE) LOITER


MUNITION”

Simulator - “SIMULATOR FOR AERIAL TARGETING SYSTEM (EXTENDED


RANGE)”

(a) In accordance with the requirements specified in the RFP or if no such


requirement is specified, with the indicated codification number or alternative reference
number specified.

(b) Ensure that any marking method used does not have a detrimental effect on the
strength, serviceability or corrosion resistance of the deliverables.

(c) Where the deliverables have a limited shelf life, with the cure date/date of
manufacture or expiry date expressed as months and years.

44. Where it is not possible to mark a deliverable with the required particulars, these should
be included on the package in which the deliverable is packed.

45. Packaging of Equipment and Deliverables. The SELLER shall provide packaging as
per Military Packaging Level ‘P’ of DEFSTAN 81-041 (Part 1) or equivalent Military Standard.
The packaging will provide adequate protection against the defined environmental conditions
and physical constraints that may be experienced by equipment and all deliverables during
storage and transportation. The choice of packaging materials and processes is left to the
packaging supplier. However, the following points shall be taken into account when
providing items packaged; Provide adequate physical protection, Not make the item
attractive, Provide clear identification and marking, Be the most cost effective solution,
Provide a solution that is space efficient, Be fit for purpose for the journey specified, Be
easily handled by in-service Mechanical Handling Equipment (MHE). If a re-usable
container is required, then the same be provided with adequate protection for
transportation and storage in the defined environmental conditions and physical constraints
that may be experienced by equipment.
16

46. The Bidder shall ensure that each package containing the deliverable is labeled to
include: -

(a) The name and address of the consigner and consignee including: -

(i) The delivery destination/address if not of the consignee

(ii) Transit destination/address (for aggregation/disaggregation, onward


shipment etc)

(b) The description and quantity of the deliverables.

(c) The full part number in accordance with codification details.

(d) The makers part, catalogue, serial, batch number, as appropriate.

(e) The contract number.

(f) Any statutory hazard markings and any handling markings including the mass of
any package which exceeds 3 kgs.
17

PART III - COMMERCIAL REQUIREMENTS

47. The third part of the RFP consists of the Commercial Clauses and Standard Clauses of
contract. The bidders are required to give confirmation of their acceptance of these clauses.
One copy of ISPPL (Annexure VI to Appendix E) is to be submitted by Bidders along with
commercial bid.

Commercial Bid

48. The Bidder is requested to take into consideration the Commercial Clauses and
Payment Terms given at Appendix H to this RFP while formulating the Commercial Offers.
The bidders are required to quote their price in Price bid format given in Appendix J to this
RFP.

49. Commercial offers will be opened only of the Bidder whose equipment is short-
listed, after TEC, demonstration and evaluation. The Commercial Offer must be firm and
fixed and should be valid for at least Six (06) months from the last date of bid submission.

Commercial Bid Opening

50. The Commercial Offers will be opened by the CNC comprising of Empowered
Committee members. If Bidder desires he may depute his representative, duly authorised in
writing, to be present at the time of opening of the offers.

51. The date, time and venue fixed for this purpose will be intimated separately after the
evaluations are completed.

52. The CNC comprising of Empowered Committee members will determine the lowest
bidder (L1). The Empowered Committee will determine the lowest bidder (L1).

Additional Aspects

53. Standard Conditions of RFP. The Government of India desires that all actions
regarding procurement of any equipment are totally transparent and carried out as per
established procedures. The bidder is required to accept standard conditions furnished at
Appendix K to this RFP regarding Agents, penalty for use of undue influence and Integrity
Pact, access to books of accounts, arbitration and clauses related to Law. These conditions
along with other clauses of the Contract form the Standard Contract Document (as at Chapter
VI of DAP 2020) indicates the general conditions of contract that would be the guideline for all
acquisitions. The draft contract would be prepared as per these guidelines.

54. Termination Clause. The Termination Clause in this cases will be applicable in the
following conditions: -

(a) The delivery of the equipment is delayed beyond the scheduled date of delivery
for causes not attributable to Force Majeure.

(b) The Bidder is declared bankrupt or becomes insolvent.

(c) The ‘Buyer’ has noticed that the Bidder has utilised the services of an Agent in
getting this contract and paid any commission to such individual/company etc.
18

PART IV - BID EVALUATION AND ACCEPTANCE CRITERIA

55. A list of documents/details to be submitted along with the bids is placed at Appendix M
as a reference to help in completeness of bid and meeting the procurement process schedule.

56. The bids shall be unconditional and unqualified. Any condition or qualification or any
other stipulation contained in the bid shall render the bid liable to rejection as a non-responsive
bid.

57. The bid and all communications in relation to or concerning the bidding documents shall
be in English language.

58. Evaluation and Acceptance Process.

(a) Evaluation of Technical Proposals. The technical proposals forwarded by the


Bidders will be evaluated by the TEC comprising of members of the Empowered
Committee or the representatives nominated by the Empowered Committee. They will
examine the extent of variations/differences, if any, in the Operational parameters as
mentioned in Appendix A of the equipment offered by various Bidders and prepare a
‘‘Compliance Statement” for shortlisting the Bidders. The shortlisted Bidders shall be
asked to send one set of the equipment (Refer para 39) for Demonstration/Evaluation.
The Demonstration/Evaluation will be conducted for operational parameters attached as
Appendix A. The compliance would be determined only on the basis of the parameters
specified in the RFP. The Empowered Committee will analyse the demonstration/
evaluation results and shortlist the equipment recommended for introduction into
service.

(b) Evaluation of Commercial Bid. The Commercial bids of only those bidders will
be opened, whose technical bids have been cleared by Empowered Committee and
have successfully demonstrated their equipment capability as per the operational
parameter defined at Appendix A. Comparison of bids would be done on the basis of
Evaluation criteria given in Appendix J to this RFP. The L-1 bidder would be invited for
negotiations by CNC.

(c) Contract Conclusion/Placement of Order. The successful conclusion of the


negotiations will be followed by contract conclusion/placement of order.
19

Appendix A
(Refers to Para 26, 27, 28, 30(a),
31, 39, 58(a) & (b) of RFP)

OPERATIONAL REQUIREMENTS: AERIAL TARGETING SYSTEM


(EXTENDED RANGE)

Operational Parameters

1. The Operational Parameters of Aerial Targeting System should be as follows:-

(a) Range - Minimum 100 Km.

(b) Accuracy - Minimum 2 meters CEP.

(c) Launch Altitude - 4000 Meters or more.

(d) Launch Method - Vehicle based Canister/ Pneumatic/ VTOL.

(e) Warhead Weight - Minimum Eight Kg or more.

(f) Warhead Types - High Explosive Pre Fragmented (HEPF) and/ or Anti
Armour.

(g) Endurance - Upto 2 hrs.

(h) Loiter Altitude. - Capability to loiter above ground level at an


altitude of minimum 300 meters.

(j) Impact Angle - Capability to engage from any direction.

(k) Sensor Package Requirement. It should have Electro Optical (EO) payload
used for ISR during day and night conditions: -

Type of Sensor Detection (m) Recognition Identification


Target (m) (m)
Personnel Day 2000 1500 600
Night 800 500 250
Vehicle Day 3800 2200 1800
Night 1200 800 400

(l) Target Acquisition. Target acquisition during day and night using user
controlled optical interface.

(m) Tracking. The system should have an automated target tracking capability.

(n) Damage Assessment. Telemetry/ Video/ Data feed from the projectile with
capability to loiter in the target area.

(o) Abort, Re-attack & Re-use Capability. The munition should have Abort,
Re-attack and Re-use capability.
20

(p) Warhead Safety. There should be safety interlocks such that the munitions
are safe if in case they are recovered after aborting missions.

(q) Control Interface. The system should incorporate the following control
interfaces: -

(i) Control Station. The Control Station should be fitted onboard the
Launcher vehicle for the following tasks :-

(aa) Carrying out mission planning.

(ab) Allocation of munition to Forward Control Stations.

(ac) Target selection, mission planning and control of the munition


system including recovery.

(ad) Guide the munition to the target as per desired accuracy.

(ii) Forward Control Stations. Forward Control Stations should have the
following characteristics: -

(aa) Hand held devices to take over control of munition launched


through the Launcher.

(ab) Sub-assemblies of Forward Control Station should be man portable.

(ac) Capability to transfer control of munition back to the Launcher


Control Station.

(ad) Guide the munition to the target as per desired accuracy.

(r) ECCM Capability. The system should have inbuilt ECCM capability to
prevent any interference or spoofing.

(s) Communication. The system should cater for the following communication
requirements: -

(i) Launcher Vehicle. On board communication system to communicate with


munition system at the maximum ranges.

(ii) Forward Control Station. Man pack communication system to


communicate with the munition system upto a minimum range of 5 Km.

(t) Homing. The munition system should have the capability for homing on to the
allocated target even if communication from ground station is disrupted. The capability
should also exist for moving target. The operator from the Control Station should be able
to lock-on to the target/ lock-off from the target.

2. Launcher Vehicle.

(a) It should have an on board Command, Control & Comn Station and Power
Supply System.
21

(b) Capable to launch the projectile in autonomous mode.

(c) The launcher vehicle should be capable of moving at speeds not less than 40 Km
per hour on road and 10 Km per hour on desert track/ cross country/ mountains with full
op loads.

3. Portability. The system should be portable by road, rail and service aircraft.

4. Power Requirements. The system should be capable of generating its own power
requirement to operate the system. Adequate redundancy should be catered for in the
system for power generation/ backup.

5. IRNSS Compatibility. The system should be compatible with IRNSS and GPS.

6. Defence Series Maps (DSM) Compatibility. The system should be compatible with
DSM.

7. Safety Features.

(a) The weapon system should have in built safety features to safe guard the crew
handling the munition during transit, assembly and maintenance.

(b) The system with or without fuse should be safe to handle and be capable of
withstanding rough handling under operational conditions.

(c) Arming Safety. The weapon should be capable of being armed and fired
immediately when required.

(d) Safety in handling, repair and in the event of misfire to be ensured.

(e) Blast protection measures during firing should be incorporated.

8. Op Requirement of Training Simulator.

(a) Should comprise of separate instructor & student consoles.

(b) The instructor console should be able to execute following actions:-

(i) Planning training mission.

(ii) Setting tactical scenario.

(iii) Define operational conditions.

(iv) Setting up mission for student.

(v) Observation of the mission executed by students.

(vi) Assessment of student performance record.

(vii) Maintenance of student performance record.

(viii) Generate training report.


22

(c) The student console should comprise of Command & Control Station,
Commination Station & Launcher Station. It should be able to simulate activity starting
from mission preparation to execution including abort & re-launch mission as per
instructor’s directions mentioned above.

(d) The simulator’s technical specification should be compatible with Defense Series
Map consisting of .shp, .prj, .dbf, .shx Vector shape files & Geo referenced TIFF Raster
with WGS 84 as Horizontal datum.

(e) The simulator should have projector to reflect actions at instructor & student
consoles.

(f) Redundancy for power generation/ backup.

Terrain & Climatic Conditions

9. Operational Temperature .

(a) Minimum - Minus 20°C and less.

(b) Maximum - Between 40°C and 55°C.

(c) Humidity - upto 95%.

(d) Wind (surface) - upto 10 meters/ second.

(e) Terrain conditions - The system should be able to operate in all types of
terrain.

10. All Weather Capability. The system should be operational both during day and night
in all weather conditions.

11. Durability and Service Life required.

(a) Storage. Storage of the system should be possible in field conditions


(under shed). The storage temperatures of munitions are as follows: -

(i) Maximum - 50°C.

(ii) Minimum - Minus 40°C.

(b) EMI/EMC Compliance. The system should be EMI/EMC compliant as per test
standards of MIL STD 461 E/ F or later.

(c) Shelf Life.

(i) Loiter Munition - 10 Years.

(ii) Ground Support Equipment (GSE) - Minimum 15 Years.

(iii) Simulator - Minimum 15 Years


23

Operational Maintenance

12. Design and Construction.

(a) The design should cater for component standardisation in the


launcher.

(b) The system should be designed to protect adjacent munition during


launch.

13. Corrective Maintenance: Field Repairs. Field repairs to be carried out in-situ,
with minimum essential test equipment tools and man-hours. Emphasis will be on reduced
diagnostic time and repair by replacement of defective modules. Procedure for replacement
of modules/ sub-assemblies should be simple.
24

Appendix B
(Refers to Para 7, 26, 30(b) & 31 of
RFP)

COMPLIANCE TABLE

For : Aerial Targeting System (Extended Range)

Ser No Requirement as per the RFP Compliance/ Indicate references


Partial of Paras/Sub Paras of the
Compliance Main Technical Document
General Conditions of RFP (Para 01 to 58 (c))

Technical Parameters as per Appendix A


Operation Characteristics and
Features
Commercial Parameters as per RFP
Performance-cum-Warranty
Bank Guarantee as per Para
2 of Appendix H of RFP
Advance Payment Bank
Guarantee as per Para 1.4.1 of
Appendix H of RFP
Earnest Money Deposit as per
Para 24 of RFP is ₹ 70 (Seventy)
Lakhs
25

Appendix C
(Refers to Para 11 of RFP)

WARRANTY CLAUSE

1. The SELLER warrants that the goods/services supplied under this contract conform to
technical specifications prescribed and shall perform according to the said Technical
Specifications.

2. The SELLER warrants for an onsite warranty for a period of Twenty Four (24) months
from the date of acceptance deliverables post Joint Receipt Inspection, that the goods/ stores/
services supplied under this contract and each component used in the manufacture thereof should
be free from all types of defects/failures (including latent and patent defects). No spares will be drawn
during the warranty period from the MRLS.

3. If within the period of warranty, the goods/stores are reported by the BUYER to have
failed to perform as per the specifications, the SELLER shall either replace or rectify the same
free of charge, maximum within Thirty (30) days of notification of such defect by the BUYER
provided that the goods are used and maintained by the BUYER as per instructions contained
in the Operating Manual. Warranty repair will be carried out in-situ. However, in case certain
locations are inaccessible for the Bidder, then the buyer will relocate the stores to nearest
accessible repair point, where the Seller will undertake the warranty repairs. Decision of
BUYER with respect to accessibility of location where defective item is held will be final and
binding on Bidder. Warranty of the equipment would be extended by such duration of
downtime. Record of the down time would be maintained by user in log book. Spares and all
consumables required for warranty repairs shall be provided free of cost by SELLER. The
SELLER also warrants that the special oils, lubricants, gas and sealants for purging required
for the warranty repair of the equipment shall be provided by the SELLER himself. All
activities including diagnosis, rectification, calibration, transportation etc, required for
making equipment serviceable and available would be the SELLER’s responsibility. The
SELLER also undertakes to diagnose, test, adjust, calibrate and repair/replace the
goods/equipment arising due to accidents by neglect or misuse by the operator or damage due
to transportation of the goods during the warranty period, at the cost mutually agreed to between
the BUYER and the SELLER. The SELLER shall intimate the assignable cause of the failures.

4. SELLER hereby warrants that necessary cost towards service and repair backup
including consumables, spares, labour and oils/lubricants/ greases required for the periodic/
scheduled/ un-scheduled maintenance of the equipment during the warranty period, including
routine maintenance beyond Unit Level, shall be borne by the SELLER and he will ensure that
the cumulative downtime period for the equipment does not exceed 10% of the warranty
period.

5. If a particular equipment/goods fails frequently and the cumulative down time exceeds
Seventy Five (75) days of the warranty period or during the Warranty period, a common
defect is noticed in more than Thirty (30)% of the quantity of Ground Support
Equipment of Aerial Targeting System & Ten (10)% quantity of Loiter Munition with
respect to a particular item/component/sub-component, that complete item/equipment
shall be replaced free of cost by the SELLER within a stipulated period of One Hundred
Twenty (120) days of receipt of the notification from the BUYER duly modified/upgraded
through design improvement in all equipment supplied/yet to be supplied and ESP supplied/yet
to be supplied.
26

6. SELLER shall associate technical personnel of maintenance agency and QA of


BUYER during warranty repair and shall provide complete details of defect, reasons and
remedial actions for averting recurrence of such defects.

7. The seller is also bound to support the Buyer’s maintenance Agency and QA
agency for defect investigations beyond the warranty period, at a cost to be negotiated
between Buyer and seller, on occurrence.

8. In case the complete delivery of the Engineering Support Package is delayed beyond
the period stipulated in this contract, then the SELLER undertakes that the warranty period
for the goods/stores shall be extended to that extent.

9. The SELLER warrants that the goods supplied will conform to the Temperature
and Humidity conditions as mentioned at Appendix A to RFP.

10. Indigenous Content. Since, the equipment is procured under Buy (Indian) Category,
it is understood that either complete equipment is being manufacturing in India or only certain
components are procured by the OEM from foreign vendor as per the category of procurement.
Therefore, further clarity on IC of the equipment will be required to ensure availability of spares
and equipment and Non ToT items to be brought out clearly by the vendor and same to be
obtained in advance for further deliberation the subject.
27

Appendix D
(Refers to Para 32 of RFP)

CERTIFICATE: MALICIOUS CODE


(To be rendered on the Company Letter head)

1. This is to certify that the Hardware and the Software being offered, as part of the
Contract, does not contain embedded malicious code that would activate procedures to:-

(a) Inhibit the desired and designed function of the equipment.

(b) Cause physical damage to the user or equipment during the exploitation.

(c) Tap information resident or transient in the equipment/ networks.

2. The firm will be considered to be in breach of the procurement contract, in case physical
damage, loss of information or infringements related to copyright and Intellectual Property
Rights (IPRs) are caused due to activation of any such malicious code in embedded software.

(Signed)

Designation/Name/Address of firm

Date:

Place:
28

Appendix E
(Refers to Para 34 & 35 of RFP)

PRODUCT SUPPORT

1. Maintenance Philosophy. The Maintenance philosophy can be categorised into


‘O’, ‘I’ and ‘D’ levels depending upon the technological complexity of the equipment as under:-

(a) ‘O’ Level.

(i) Field Repairs. These are repairs carried out at field level (SATA Regt
Workshop) or equivalent service organisation by technicians specially trained for
this purpose and where the required special tools and spares have to be
provided. These repairs comprise replacement of common Line Replaceable
Units (LRUs), sub-modules, other components which may require Special
Maintenance Tools (SMTs) supported by diagnostics using Special Test
Equipment (STEs). The vendor may also include Built in Test Equipment (BITE)
facility to identify faults upto field level. Further there will be adequate number of
LRUs/Assemblies to be maintained as Floats which can be replaced at Field level
to reduce MTTR and can be recycled after intervention/ repairs by Original
Equipment Manufacturer. In total there shall be 09 (Nine) x Field Repair Points
to provide repair cover to Aerial Targeting System (Extended Range) and Loiter
Munitions. The manufacturer is required to provide the following:-

(aa) Quantity and specification of spares up to sub-Module level, other


replaceable components that need to be stocked for a specified population
and class of the equipment.

(ab) Additional Special Maintenance Tools and Test Equipment needed


for each such field/flotilla/station work shop.

(b) ‘I’ & ‘D’ Level. These are extensive or special repairs carried out to include
component level repairs. This level of repair envisages special diagnosis and repairs of
repairable inventory upto printed circuit boards (PCBS) level, major assemblies,
interface equipment/software and other components beyond the scope of field/ station
level repairs. These repairs are to be undertaken by the Seller/ OEM for which Annual
Maintenance Contract is as per Annexure I to this Appendix. ‘I’ & ‘D’ level repairs
required for equipment post warranty & first Annual Maintenance Contract to be
undertaken by the Seller/ OEM for which a separate contract shall be considered Six
months (06) prior to completion of first AMC based on the existing maintenance
philosophy.

2. To sustain and support platform/equipment through its operational life-cycle, Product


Support requirements for at least Three (03) years beyond the warranty period will be
procured along with the main equipment. The equipment could be provided product support
through Engineering Support Package (ESP), which are elucidated in subsequent paragraphs.
29

Engineering Support Package (ESP)

3. ESP is the basic engineering support the Seller needs to provide to the Buyer for
undertaking essential repairs and maintenance of the equipment during its exploitation. These
repairs and maintenance would be in consonance with the Maintenance Philosophy enunciated
above. ESP would constitute the following aspects: -

(a) Spares.

(b) SMTs/STEs test set-up.

(c) Technical Documentation.

(d) Training.

(e) Inspection Standards/ Procedures.

4. Spares

(a) Manufacturer’s Recommended List of Spares (MRLS). This is the list of


spares, recommended by the manufacturer, for maintaining operational serviceability of
the equipment and sustain it for the period as stipulated in the RFP. Based on the
explanation given above, you are requested to provide MRLS to sustain the equipment
for a period of 03 (three) years upto ‘O’ level of repair as per format given at Annexure
II to this Appendix. List of the MRLS, along with likely consumption rate of spares is
to be provided with the Technical proposal. Cost of the MRLS, is to be provided
with the Commercial proposal. The MRLS will be supported by Reliability &
Maintainability (R&M) report for the proposed spares along with their Mean Time
Between Failure (MTBF). MRLS would be provided separately for each such sub
system. In order to prevent manipulation of the quantum of MRLS for commercial
competitiveness or overload unnecessary MRLS, ‘Adequacy’ clause and ‘Buy Back’
clause will be co-opted in the contract as under: -

(i) ‘Adequacy’ Clause.

(aa) The Bidder will confirm to the Buyer the range and depth of
Accompanied Accessories/ User Replaceable Parts/Expendable, Spares
and SMT/STE/Test Jigs being supplied are complete and adequate for
carrying out repairs on the equipment up to the ‘O’ Level. Any Bidder
found to be providing lesser ESP/MRLS in terms of range and depth will
have to make good the deficiency at no extra cost (Para 28 of RFP refers).

(ab) The Bidder will also commit that any additional items, spares, tools
and equipment needed for use, maintenance and repair will be supplied by
the Bidder at prices and within a period as specified in the contract, on
receipt of notification from the Buyer for the Life-Cycle Support period. The
Bidder will confirm that, if two different prices have been given for the
same/ similar item, then the lower price quoted will prevail. In case, the
quoted accessories has several items viz, sampling accessory kit and add
up price of these items is higher than the quoted price of the accessory,
then the price would be lowered/ adjusted proportionately for the items.
30

(ii) ‘Buy Back’ Clause. The Buyer would have the option to amend the
Manufacturer’s Recommended List of Spares (MRLS) proposed by the Bidder
within a period 03 (Three) years, post expiry of the warranty period. The Bidder
needs to agree to either ‘Buy Back’ the spares rendered surplus or exchange
them on ‘cost-to-cost’ basis with the spares, as required by the Buyer. The said
spares would be purchased / replaced by the Bidder, based on the prices
negotiated in the contract.

5. Special Maintenance Tools / Special Test Equipment and Test Jigs


(SMTs/STEs/Test Jigs). SMTs, STE and Test Jigs are essential tools/Jigs/fixtures required to
undertake effective engineering support / repairs on the equipment and its systems, based on
the Maintenance Philosophy. This would be formulated in a similar manner as explained for
MRLS and details are to be included in both Technical and Commercial Proposals as per
suggested format at Annexure III to this Appendix. SMTs, STEs and Test Jigs will be
provided by the Bidder, and will be validated by Buyer during the demonstration for the
maintenance of equipment,. The list of equipment required to be supplied will incorporate
Adequacy Clause, as elaborated above. Bidder will undertake installation of SMT/ STEs at the
nominated premises of the buyer.

6. Technical Documentation. The Bidder will be required to provide the technical


literature preferably in IETM (Interactive Electronic Training Manuals) in Level 4 format or
higher. The details of technical literature to be supplied with the system should be listed as
per the suggested format at Annexure IV to this Appendix. This should be provided with both
Technical and Commercial Proposals. The cost column may be left blank in the Technical
Proposal. An illustrated list of documents which may be submitted by the Bidder is as under: -
(a) Technical Literature.

(i) User Handbook/Operators Manual in English and Hindi.

(ii) Design Specifications.

(iii) Technical Manuals.

(aa) Part I. Tech description, specifications, functioning of various


systems.
(ab) Part II. Inspection/Maintenance tasks repair procedures, materials
used, fault diagnosis and use of Special Maintenance Tools (SMTs)/Special
Test Equipment (STEs).

(ac) Part III. Procedure for assembly/disassembly, repair up to


component level, safety precautions.

(ad) Part IV. Part list with drawing reference and List of SMTs/STEs
Test Bench.

(iv) Manufacturers Recommended List of Spares (MRLS).

(v) Illustrated Spare Parts List (ISPL).

(vi) Technical Manual on STE with drawing references.

(vii) Complete Equipment Schedule.


31

(viii) Table of Tools & Equipment (TOTE) & carried spares.

(ix) Rotable list, norms of consumption, mandatory/ non-mandatory spares list


for each system.

(x) Interactive Electronic Technical Manuals (IETMs) of Class IV and above.

(b) Servicing Schedule.

(c) Condemnation limits.

(d) Permissive repair schedule.

(e) Packing specifications /instructions.

(f) Any additional information suggested by the OEM.

7. Details of OEMs. For major / complex equipment, a large number of other OEMs may
also be involved in manufacture of various systems/sub systems / support equipment. Details
of such OEMs will also be intimated by the Bidder as per table below:-

Table - Format for Submitting Details of OEMs

Ser Equipment Part OEM Contact Details Details of Government


No No License to OEMs
(Tel/Fax/Email)

8. Training. A training package for operators, operator trainers and maintenance


personnel to undertake operation and maintenance of equipment (‘O’ Level) and QA personnel
for QA of equipment as stipulated in respective contract, along with tools and test jigs training
would be required to be carried out in English language. Requirements such as training aids,
projection system, complete equipment with accessories, technical literature, spares, test
equipment, test set up, charts, training handouts, power point presentations, Computer Based
Training (CBT), Documentation, Simulators etc will be provided by the Bidder for the conduct of
training. Training should preferably be conducted before the induction of the equipment. The
Bidder will provide the Operator and Maintenance & Repair training, for the duration, strength
and locations specified in the RFP and Contract. The following may also be noted:

(a) The requirement of training and associated equipment must be clearly specified in
Part I and details should be placed as per Annexure V to this Appendix.
(b) The costs for aggregates and training must only be indicated in the commercial
proposal.
(c) Sufficiency Clause. On completion of training, technicians should be capable of
carrying out stipulated maintenance/ repair to the full system as per the defined Product
Support philosophy.

Active Technology Obsolescence Management (where applicable)


32

9. OEM will indicate his methodology to undertake Active Obsolescence Management


through life cycle of equipment which would include upgradation of systems/ subsystems/ units
on completion of its fair service life. The Bidder/OEM (as applicable) shall also intimate the
Buyer on likely technology obsolescence of various sub-assemblies/units/modules of
equipment through an Annual Bulletin. In case of impending obsolescence of components,
bulletin should specify either alternate item or option for life-time buy as under:-

(a) The Bidder/OEM (as applicable) will notify the Buyer not less than three years
before the closure of its production line about the intention to close production of
equipment for provision of purchasing spare parts, before closure of the said production
line.

(b) Three years prior to completion of design/service life of equipment, the


Bidder/OEM (as applicable) will submit techno-commercial proposal for upgradation of
equipment, wherever applicable, to mitigate technology obsolescence and for ensuring
product support for next 15 years.

10. Software. The following aspects are brought out on software QA: -
(a) Software used (except the software used in COTS equipment) should undergo
software quality assurance as per relevant and latest international military standards, as
applicable. The software should be latest CMM level complaint.
(b) The software life cycle concept will be followed/ observed. The software should
be restorable in Field. Any upgrades or patches required in the software will be
provided free of cost throughout the life cycle of the equipment. Adequate memory
should be available to accept any upgradation.
11. Standardization. Maximum standardization is ensured wherever feasible. Also
wherever feasible, in-service battery and battery charger may please be incorporated in the
interest of standardization.
33

Annexure I to Appendix E
(Refers to Para 1 (b) of Appendix E)

ANNUAL MAINTENANCE CONTRACT (AMC) CLAUSE

1. The following AMC clause (‘I‘ and ‘ D’ level) will form part of the contract placed on
successful Bidder:-

(a) The seller would provide AMC ( ‘I‘ and ‘ D’ level) for a period of 03 (Three) years
post Warranty period. The AMC services should cover the repair and maintenance (‘I‘
and ‘ D’ level) of all the equipment and systems purchased under the present contract.
The AMC services would be provided in two distinct ways:-

(i) Preventive Maintenance Service. The Seller will provide a minimum of


four (04) Preventive Maintenance Service visit during a year to the operating
base to carry out functional checkups and minor adjustments/ tuning as may be
required.

(ii) Breakdown Maintenance Service. In case of any breakdown of the


equipment/ system, on receiving a call from the Buyer, the Seller is to provide
maintenance service to make the equipment/ system serviceable.

(b) Response time. The response time of the Seller should not exceed 48 Hours
from the time the breakdown intimation is provided by the Buyer.

(c) Serviceability of 85% per year is to be ensured. This amounts to total


maximum downtime of 60 (Sixty) days per year. Required spares to attain this
serviceability may be stored at site by the Seller at his own cost. Total down time would
be calculated at the end of the year. If the down time exceeds 60 (Sixty) days, the
payment deductions and damage for shortfall in AMC services will be levied as per
Para 4 (b) of Appendix H of this RFP.

(d) Maximum repair, turnaround time for equipment / system would be


45 (Forty-Five) days. However, the spares should be maintained in a serviceable
condition to avoid complete breakdown of the equipment/ system.

(e) Technical Documentation. All necessary changes in the documentation


(Technical and Operator Manual) for changes carried out on hardware and software of
the equipment will be provided.

(f) During the AMC period, the Seller shall carry out all necessary servicing/ repairs
to the equipment/ system under AMC at the current location of the equipment/ system.
Prior permission of the Buyer would be required in case certain components/ sub
systems are to be shifted out of location. On such occasion, before taking over the
goods or components, the Seller will give suitable bank guarantee to the Buyer to cover
the estimated current value of item being taken.
(g) The buyer reserves its right to terminate the maintenance contract at any
time without assigning any reason after giving a notice of 03 (Three) months.
The Seller will not be entitled to claim any compensation against such termination.
However, while terminating the contract, if any payment is due to the seller for
maintenance services already performed in terms of the contract, the same would be
paid to it as per the contract terms.
34

2. Final terms and conditions of AMC will be negotiated during CNC.


35

Annexure II to Appendix E
(Refers to Para 4(a) of Appendix E)

MANUFACTURER’S RECOMMENDED LIST OF SPARES (MRLS)

EQUIPMENT : 10 SETS OF AERIAL TARGETING SYSTEM ALONG WITH 120 MUNITIONS AND 05 SIMULATORS
Original Equipment Manufacturer (OEM):

Ser Manufacturer’s Source Nomenclature Nos ISPL /NSN Unit Recommended Total HML VED FNS Remarks
No Part No of fitted in Reference Cost scale for quantity cost
supply one eqpt 10 Aerial Targeting
Systems for 03
(Three) years
‘O’ Level Repairs
09 x Repair Points)

Note:

1. Maintenance spares/ stores like lubricants, sealing compound, gases should be given separately giving source of supply.
2. In ‘Remarks’ column following information (if applicable) be given: -
(a) If an item has a shelf/operational life, it be marked as ‘G’ and life indicated
(b) Matching set of components be indicated.
(c) Item which can be locally manufactured should be marked ‘LM’.
(d) Items which cannot be manufactured in India due to sophisticated design/ technology may be marked as ‘SI’ (Special Item).

(e) If a component/ assembly is common to other similar equipment offered by the OEM earlier these should be marked ‘CM’ and name
of the equipment along with details of part number be indicated.
36

3. MRLS should be drawn out of the ‘Illustrated Spares Part List’ of the equipment, which should be separately given as part of Technical
Manual Part IV.

4. If the main equipment consists of other equipment then MRLS should be prepared for them under proper heads.

5. MRLS be prepared as per the maintenance concept of the customer (Appendix E to this RFP).

6. Items provided along with the equipment as spares should also be included in MRLS.

7. MRLS for any Test equipment being offered should also be provided on similar format as main equipment.
37

Annexure III to Appendix E


(Refers to Para 5 of Appendix E)

LIST OF SMT/STEs, JIGS, FIXTUREAND INFRASTRUCTURE

EQUIPMENT: Ten (10) SETS OF AERIAL TARGETING SYSTEM (EXTENDED RANGE) ALONG WITH 120 MUNITIONS
Original Equipment Manufacturer (OEM):

Ser Manufacturer’s Part No Designation Unit Cost Nos Required Brief Purpose Remarks
No
‘O’ Level Repairs
(09 x Repair Points)

Note:

(i) The test equipment to include Flt Line Testers/ pre flt diagnostic tools.
(ii) Prepare separate sheet for each type of equipment.
(iii) Specify in remarks column whether the Special Test Equipment (STE)/ Special Maintenance Tools (SMTs) can be used as
general purpose equipment on any other kind of equipment.
(iv) For Field Level repairs quantity required should be for repair of 02 equipment at a time.
(v) If test equipment is commercially available ex India, the source of supply be specified.
(vi) Test equipment for calibrating the STEs should be included in the list above and marked as ‘CAL’ in remarks column.
(vii) Test equipment which are required to be provided by the customer should be also be included in the list above.
(viii) Diagnostic software, including test fixtures for use on existing ATEs also be included in the list above.
(ix) Infrastructure requirement if any for effective reapir and maintenance be mentioned as a separate heading.
37

Annexure IV to Appendix E
(Refers to Para 6 of Appendix E)

TECHNICAL LITERATURE

EQUIPMENT: 10 SETS OF AERIAL TARGETING SYSTEM (EXTENDED RANGE) ALONG


WITH 120 LOITER MUNITIONS
Original Equipment Manufacturer (OEM):

Ser Technical Literature Unit Quantity Total Remarks


No. Cost Cost
User Ord DGQA EME Total
1. User Handbook/operators Manual 12 05 03 10 30 All sys
Including
munitions
2. Design Specifications 01 01 01 01 04 As applicable

3. Technical Manual. 01 01 01 10 13
(a) Part I. Tech description, each each each each each
specifications, functioning of various
Systems.
(b) Part II. Inspection/Maintenance
tasks, Repair procedures, materials
used, fault diagnosis and use of
Special Maintenance Tools (SMTs)/
Special Test Equipment (STEs).
(c) Part III. Procedure assembly/
disassembly, repair up to component
level, safety precautions.
(d) Part IV.
(i) Part list with drawing reference
(ii) List of SMTs/STEs with Test
Bench
4. Manufacturer’s Recommended List of - - - 10 11
Spares (MRLS)
5. Illustrated Spare Part list (ISPL) 01 01 01 10 13
6. Technical Manual on STE with - - - 10 11
drawing reference.
7. CDs on the above Tech literature 12 02 02 10 26
8. Any other (specify)
Total Cost:
Note:-
In case any additional equipment is used their tech literature will be included.
(i)). If certain technical literature is being provided free of cost it should be indicated in the remarks
column.
(ii) Technical literature / service manual supplied by sub contractors also to be provided in
original. These are the items which have been sourced for integration into main equipment.
(iii) Set of CDs being provided should permit printing and duplication.
Technical Literature will be provided in accordance with JSS 0251:2015 including 03 sets of
(iv) procurement drawings (hard/ soft copy in PDF format).
38

Annexure V to Appendix E
(Refers to Para 8(a) of Appendix E)

TRAINING AGGREGATES

EQUIPMENT: 10 SETS OF AERIAL TARGETING SYSTEM ALONG WITH 120 MUNITIONS


AND 05 SIMULATORS

OEM:

Ser. Description of Training Unit Quantity Total Remarks


No. Aggregate Cost cost
User Ord DGQA EME Total
1. Complete Equipment - - - - -

2. Sectionised Equipment - - - - -

3. Shop Replaceable Unit (SRU)/ - - - -


PCB/ Modules/ Assemblies as -
under: -

4. Computer based training 12 04 01 09 27


package based on interactive
multimedia to include
(a) Full graphics, animation,
text and sound
(b) Symptoms-fault
correlation (expert system).
5. Training Aids to include 12 04 01 09 27 As
(a) Charts Applicable
(b) Slides
(c) Training Brochures
(d) Training Work models
(e) Blow up diagram
(f) Video films
6. Cost of training as specified
at Para 16 of RFP

Total Cost
39

Annexure VI to Appendix E
(Refers to Para 47 of RFP)

ITEMISED SPARES PART PRICE LIST (ISPPL)

EQUIPMENT: 10 Sets of Aerial Targeting System along with 120 Munitions and 05 Simulators
OEM:
Annual Price Escalation for Spares : __________________

Ser Part Description Quantity Minimum Unit Delive Category : Mean Recom-
No fitted in Order Price ry Vital/Essential Time mended
each Quantity List Period /Desirable Between for
Equipment (V/E/D) Failure MRLS
(to cover (If (Yes or
all items) applica- No)
ble)
40

Appendix F
(Refers to Para 33 & 39 of RFP)

DRAFT DEMONSTRATION METHODOLOGY : AERIAL TARGETING SYSTEM


(EXTENDED RANGE)

1. The demonstration will be conducted on ‘No Cost No Commitment’ basis by


Empowered Committee or members nominated by them under the aegis of IHQ of MoD
(Army) as per Annexure-I. Demo Methodology is broad based. Detailed Demo Directive will
be issued prior to conduct of Demonstration in consultation with the bidders and based on the
systems being offered.

2. Number of Trial Equipment and Other Associated Items. One set of Aerial
Targeting System (Extended Range) comprising of One (01) Launcher Platform including
vehicles duly modified for fitting Canister/ Towing Launcher (as applicable), Command
Control, Communication & Power Supply System; One (01) Control Station; One (01)
Forward Control Station, Three (03) Loiter Munitions (Anti-Personal/ Anti-Armour/ Hybrid
Warhead having both Anti-Personal & Anti-Armor capability. Exact distribution to be
decided by the Empowered Committee before demonstration); Two (02) Inert Warheads
and one simulator for demonstration/ evaluation will be arranged by vendor at the designated
demonstration location. Vendor will be responsible for ensuring availability of requisite
spares/ tools/ associated equipment/ material required for the demonstration.

3. Crew. Crew representative for the operation of equipment for demonstration will be
provided by the Vendor. Prior to the commencement of the demonstration, vendor
representatives will undertake briefing of the team evaluating demonstration. The vendor
representatives should have adequate knowledge about the equipment/ spares/ tools to give
the complete details of the equipment.

4. Timeframe for Demonstration. The vendor will ensure availability of one set of
demonstration equipment (as per Para 2 above) at designated location within 45 days of
issue of RFP.

5. Retention of Trial Equipment. The equipment of all the vendors found compliant
after demonstration, will be retained by the demo unit under their custody till the
commencement of CNC. Equipment of vendors found non-compliant in the demonstration
would be returned thereafter. On finalization of contract, other participating vendors may
utilise/ dispose off their equipment as deemed fit. Equipment of L1 vendor with whom
contract is concluded will be retained by the Buyer till the first lot of delivery, for
purpose of comparison.

6. Transportation of Equipment. Being NCNC demonstration all charges for


transportation freight, insurance, custom, octroi and any other local taxes shall be borne by
the vendor.

Demonstration by Empowered Committee

7. The demonstration will be conducted in accordance with the provisions laid out in DAP
2020 and the equipment will be tested against parameters mentioned at Appendix A.
Equipment fielded may require repairs/ modifications during the course of demonstration and
these in-situ servicing, repair, maintenance actions or modifications as requested by the
vendor may be permitted on case to case basis. Towards this, vendor shall be adequately
informed and advised at the pre demonstration stage itself so that they can ensure availability
of requisite maintenance teams/ experts on site during the conduct of demonstration.
41

8. Change of Equipment. Change of equipment (if required) may be permitted. The


duration required for change of eqpt will be as decided in the pre-demo meeting. Towards
this, participating vendors are advised to ensure redundancy of equipment and associated
accessories.

9. Location of Demonstration. Demonstration will be undertaken at a location (in


India) as decided by Empowered Committee. The location for demonstration will be
discussed during pre-demonstration /pre bid meet.

10. Vendor Certification. Vendor certification supported by test reports from NABL
accredited Labs on aspects specified at Annexure-I will be accepted as applicable.

11. Testing Charges. All testing charges in various laboratories (as applicable) will be
borne by respective vendors.

Outline Methodology of Conduct

12. Outline Methodology of Conduct is attached as Annexure-I.

Pre - Demonstration Meeting

13. A pre demonstration meeting to discuss broad schedule and modalities of


demonstration will be organized at a place which will be intimated to the vendors. The
meeting will include representative of vendor and all stake holders and agencies involved in
conduct of demonstration.

Representations / Requests

14. All queries, representations and requests related to the demonstration will be
addressed in writing to the Empowered Committee. Attention of respective vendors is drawn
towards MoD Guidelines for Handling of Complaints promulgated vide MoD ID No.
1(6)/D(Acq)/13-Vol.II dated 21 Sep 2015.

Schedule of Demonstration

15. The likely schedule and sequence of demonstration will be informed to the vendor
representatives during the meetings mentioned at Para 13 above.

Miscellaneous

16. The representatives of the Empowered Committee may be required to visit certain
factory locations and/ or laboratories during the evaluations. The vendor would organise
access and facilitate such visits by Empowered Committee to its factory/ manufacturing
locations.

17. Bidders will submit their QA plans as implemented by them during the production of
the equipment.

18. Any additional aspects to be checked during Empowered Committee will be intimated
during the meeting mentioned at Para 13 above.
42

Annexure-I to Appendix E
(Refers to Para 1 of Appendix F)
DRAFT DEMONSTRATION METHODOLOGY : AERIAL TARGETING SYSTEM (EXTENDED RANGE)

Ser Parameter Evaluating Methodology Remarks


No Agency
Operational Parameters.
1. The Operational Parameters of Aerial Targeting System
should be as follows:-
(a) Range - Minimum 100 Km. User To be demonstrated
(b) Accuracy - Minimum 2 meters CEP. User To be demonstrated
(c) Launch Altitude - 4000 meters or more. User/ To be demonstrated at
DGQA 4000 meters or more
Above mean sea level /
In case demonstration
not feasible then Vendor
Certification
(d) Launch Method - Vehicle based Canister/ User To be demonstrated
Pneumatic/ VTOL.
(e) Warhead Weight - Minimum 8 Kg or More. User/ DGQA Vendor Certification Vendor certification supported by
test reports from NABL
accredited labs
(f) Warhead Types - High Explosive Pre Fragmented User / To be demonstrated Fwg details to be provided :-
(HEPF) and/ or Anti Armour. DGQA (i) Mass of filling.
(ii) Net weight of explosive
content in Warhead.
(iii) Details of Fuze i.e Type of
Fuze, mode of function, safety
mode assembly condition of
Warhead with Fuze etc.
(iv) Shelf Life of Warhead and
Fuze.
(v) Storage condition of
Warhead and Fuze.
43

Ser Parameter Evaluating Methodology Remarks


No Agency
(g) Endurance - Upto 2 hrs. User To be demonstrated

(h) Loiter Altitude. Capability to loiter above ground User To be demonstrated


level at an altitude of minimum 300 meters.

(j) Impact Angle. Capability to engage from any User To be demonstrated


direction.
(k) Sensor Package Requirement. It should have
Electro Optical (EO) payload used for ISR during day and
night conditions :-

Type of Sensor Detection Recognition Identification User To be demonstrated


Target (m) (m) (m)
Personnel Day 2000 1500 600
Night 800 500 250
Vehicle Day 3800 2200 1800
Night 1200 800 400

(l) Target Acquisition. Target acquisition during day User To be demonstrated


and night using user controlled optical interface.

(m) Tracking. The system should have an automated User To be demonstrated


target tracking capability.
(n) Damage Assessment. Telemetry feed from the User To be demonstrated
projectile and capability to loiter in the target area.
(o) Abort, Re-attack & Re-use Capability. The User To be demonstrated
munition should have Abort, re-attack and Re-use
capability.
(p) Warhead Safety. There should be safety User To be demonstrated
interlocks such that the munitions are safe if in case they
are recovered after aborting missions.
44

Ser Parameter Evaluating Methodology Remarks


No Agency
(q) Control Interface. The system should incorporate
the following control interfaces:-

(i) Control Station. The Control Station


should be fitted onboard the launcher vehicle for the
following tasks :-

(aa) Carrying out mission planning.


User To be demonstrated
(ab) Allocation of munition to Forward
Control Stations.

(ac) Target selection, mission planning


and control of the munition system
including recovery.
(ad) Guide the munition to the target as
per desired accuracy.
(ii) Forward Control Stations. Forward
Control Stations should have the following
characteristics :-

(aa) Hand held devices to take over control


of munition launched through the Launcher.

(ab) Sub-assemblies of Forward Control


Station should be man portable. User To be demonstrated

(ac) Capability to transfer control of


munition back to the Launcher Control
Station.

(ad) Guide the munition to the target as per


desired accuracy.
45

Ser Parameter Evaluating Methodology Remarks


No Agency
(r) ECCM Capability. The system should have inbuilt User/ ACE To be demonstrated/ In Vendor certification supported by
ECCM capability to prevent any interference or spoofing. case demonstration not test reports from NABL
feasible then Vendor accredited labs
Certification
(s) Communication. The system should cater for the
following communication requirement :-

(i) Launcher Vehicle. On board communication


system to communicate with munition system at the
maximum ranges. User To be demonstrated

(ii) Forward Control Station. Man pack


communication system to communicate with the
munition system upto a minimum range of 5 Km.
(t) Homing. The munition system should have the
capability for homing on to the allocated target even if
communication from ground station is disrupted. The
capability should also exist for moving target. The operator User To be demonstrated
from the Control Station should be able to lock-on to the
target/ lock-off from the target.
2. Launcher Vehicle.

(a) It should have an on board Command, Control &


Comn Station and Power Supply System.

(b) Capable to launch the projectile in autonomous User/


mode. To be demonstrated
DGQA
(c) The launcher vehicle should be capable of moving
at speeds not less than 40 Km per hour on road and 10 Km
per hour on desert track/ cross country/ mountains with full
op loads.
46

Ser Parameter Evaluating Methodology Remarks


No Agency
3. Portability. The system should be portable by road, rail User/ To be demonstrated/ In
and service aircraft. DGQA case demonstration not
feasible then Vendor
Certification
4. Power Requirements. The system should be capable of User/ To be demonstrated
generating its own power requirement to operate the DGQA
system. Adequate redundancy should be catered for in the
system for power generation/ backup.
5. IRNSS Compatibility. The system should be compatible User/ To be demonstrated/ In
with IRNSS and GPS. DGQA case demonstration not
feasible then Vendor
Certification
6. DSM Compatibility. The system should be compatible User/ Written undertaking for
with Defence Series Maps (DSM). DGQA compliance to be given
by bidders with bid
submission.
To be demonstrated by
L1 Vendor post CNC
7. Safety Features.
(a) The weapon system should have in built safety
features to safe guard the crew handling the munition
during transit, assembly and maintenance.
(b) The system with or without fuse should be safe to
handle and be capable of withstanding rough handling
under operational conditions. Physical Verification
User
(c) Arming Safety. The weapon should be during demonstration
capable of being armed and fired immediately when
required.
(d) Safety in handling, repair and in the event of misfire
to be ensured.
(e) Blast protection measures during firing should be
incorporated.
47

Ser Parameter Evaluating Methodology Remarks


No Agency
8. Op Requirement of Training Simulator. User Physical Verification
during demonstration
(a) Should comprise of separate instructor & student
consoles.
(b) The instructor console should be able to execute
following actions :-

(i) Planning training mission.


(ii) Setting tactical scenario.
(iii) Define operational conditions.
(iv) Setting up mission for student.
(v) Observation of the mission executed by
students.
(vi) Assessment of student performance record.
(vii) Generate training report.
(c) The student console should comprise of Command User Physical Verification
& Control Station, Combination Station & Launcher Station.
during demonstration
It should be able to simulate activity starting from mission
preparation to execution including abort & re-launch
mission as per instructor’s directions mentioned above.
(d) The simulator’s technical specification should be
compatible with Defence Series Map consisting of .shp,
.prj, .dbf, .shx Vector shape files & Geo referenced TIFF
Raster with WGS 84 as Horizontal datum.
(e) The simulator should have projector to reflect
actions at instructor & student consoles.

(f) Redundancy for power generation/ backup.


48

Ser Parameter Evaluating Methodology Remarks


No Agency
Terrain & Climatic Conditions
9. Operational Temperature. User/ To be demonstrated/ In Vendor certification supported by
DGQA case demonstration not test reports from NABL
(a) Minimum - Between minus 20°C & less. feasible then Vendor accredited labs.
Certification
(b) Maximum - Between 40°C and 55°C.

(c) Humidity - Upto 95%

(d) Wind (surface) - Upto 10 meters/ second.

(e) Terrain conditions - The system should be able to


operate in all types of terrain.
10. All Weather Capability. The system should be User Physical Verification Vendor certification supported by
operational both during day and night in all weather during demonstration / test reports from NABL
conditions. Vendor Certification accredited labs as applicable

11. Durability and Service Life Required. User Vendor Certification To be supported by test reports
from NABL accredited labs as
(a) Storage. Storage of the system should be possible
in field conditions under shed). The storage temperatures applicable
of munitions are as follows:-
(i) Maximum - 50°C.
(ii) Minimum - minus 40°C.
(b) EMI/EMC Compliance. The system should be User/ ACE Vendor Certification Vendor certification supported by
EMI/EMC compliant as per test standards of MIL STD test reports from NABL
461 E/ F or later. accredited labs
49

Ser Parameter Evaluating Methodology Remarks


No Agency
(c) Shelf Life.
User/ Vendor Certification Vendor certification supported by
(i) Loiter Munition - 10 Years.
DGQA test reports from NABL
(ii) Ground Support- Minimum 15 Years (GSE) accredited labs
Equipment

(iii) Simulator - Minimum 15 Years

Operational Maintenance

12. Design and Construction. User/ TG Physical Verification


EME during demonstration /
(a) The design should cater for component Vendor Certification
standardisation in the launcher.

(b) The system should be designed to protect adjacent


munition during launch.

13. Corrective Maintenance: Field Repairs. Field repairs to User/ TG To be demonstrated/ In


be carried out in-situ, with minimum essential test EME case demonstration not
equipment tools and man-hours. Emphasis will be on feasible then Vendor
reduced diagnostic time and repair by replacement of Certification
defective modules. Procedure for replacement of modules/
sub-assemblies should be simple.
50

14. Environment Conditions. Aerial Targeting System (Extended Range) should be capable of satisfying the environmental
requirements as applicable for operations at altitudes and conditions as given in the Demo Methodology above. Requisite test reports as
above in specified sequence along with pre & post list of Equipment Under Trial (EUT) functional parameters as applicable from NABL
accredited lab to be provided for following environmental conditions: -

Test Related to Envt Conditions Test Related to Opto- Electronics Test Related to Warhead
(as Sequenced) (as Sequenced) (as Sequenced)
Vibration Vibration Drop (Without Transportation Package)
Low temperature Bump Drop (With Transportation Package)
Altitude Shock Low Temperature
High Temperature Drop High Temperature
Fine Mist Sealing Vibration
Icing Low Temperature Bump
Dust High Temperature Durability Test under exposure to multiple
shocks
Damp Heat Damp Heat -
Mould Growth Rapid Temp Cycle -
Corrosion (Salt) Altitude -
Drop Driving Rain -
Bump Corrosion (Salt) -
Dust -
Solar Radiation -
Mould Growth -

15. Demonstration of Maintenance Aspects. In order to maintain the equipment in field Army, maintenance related aspects shall
be demonstrated with associated equipment/ accessories. Following aspects may be included in the demonstration:-
(a) Technical literature which may include User Handbook, Technical manuals, ISPL, MRLS, Technical manuals on STEs,
details of training aggregates & CBTs for training of technicians for maintenance (As applicable).

(b) Details of SMTs and STEs required to op the eqpt in fd conditions.


(c) Trace diagram to include assemblies/ sub-assemblies (As applicable).
51

Appendix G
(Refers to Para 42 of RFP)

GUIDELINES FOR FRAMING DRAFT ATP

1. Bidders to submit draft ATP with their Technical Bid.

2. Draft Acceptance Test Procedure for the Equipment/ System should mainly consist of
the following: -

(a) Scope & Introduction. Includes the scope, introduction & propose of the
document and general information about the equipment.

(b) Brief Description of the Equipment/ System. Brief description of the


equipment/ system be highlighted indication the salient features, Equipment/ System
configuration, interfaces involved and its compatibility and role in the main system
where it is intended to be used.

(c) Safety/ Security aspects, if any.

(d) Technical Specifications. Technical Specification of the equipment be


indicated along with dimension, weight of the equipment etc. operational requirements
& Pictorial representation of the equipment/ system be provided under this section.

(e) Reference documents including list of drawings, related Standards,


Specifications etc. Includes Reference documents/ drawings of the equipment,
Standards/ Specifications up to which the equipment/ system is complied.

(f) Bill of Materials. BoM as per the following format be included.

S. Item Part NSN Drawi Manuf Sche Standard Qty Mill/


No Name/ Number Numb ng acturer matic of Nos Industrial/
Descri er Numb Refer Reference Commercial
ption er ence

(g) Test Instruments / Accessories required. Test Instruments/ Accessories


required for conduct of ATP be mentioned along with Part number, Make/ Model etc.

(h) Qualification/ Environmental Tests. Applicable class from relevant JSS, as


per RFP for Environmental testing be mentioned along with test severities and
procedures to be followed for the conduct of the test. Pre, in-situ & Post Performance
test to check the performance of the equipment be included.

(j) Acceptance/ Performance Tests. Includes the Visual, Electrical & Functional
tests. Functional Test procedure along with diagram showing Test set up to be
mentioned. Final acceptance/ Performance checks come under this section. Tests
can be carried out under lab & field conditions needs to be mentioned separately.
52

(k) Applicability of ESS/ Endurance test. ESS procedure to be followed be


mentioned and the procedure for carrying out the Endurance test be included.

(l) Quality Audit points/ Checks/ Methodology including Real Time/ Online
Audit activities & list of critical processes. Process audit methodology to be
carried by mentioned.

(m) Quality Audit Flow Chart/ Process Monitor Points. Mutually agreed Audit
flow chart be mentioned by quoting Relevant ISO standards.

(n) Operational checks/ Tests. Includes Quick checks/ Tests with


ATE/BITE/Processor based Auto Diagnostic checks on the store, if equipped with,
before release of the store to the Consignee.

(o) Test & Measurement Record (TMR). TMR sheet with expected output be
mentioned.

(p) Acceptance criteria including Sampling Plan, if any. Acceptance criteria


be mentioned under this section.

Note

(i) Weight and dimension should have tolerance.

(ii) Weight of the system shall specify along with power systems including Genset/
UPS wherever required.

(iii) Sampling plans to be invoked whereas feasible.

(iv) Certain test requires permission from authorities such as long range comn,
jamming tests, detection of drones, use of DEW etc. Necessary permissions need
to be obtained by SELLER.

(v) Arms & Ammunition required for testing to be planned suitably by SHQ.
53

Appendix H
(Refers to Para 48 of RFP)

COMMERCIAL CLAUSES

1. Payment Terms

1.1 INCOTERMS for Delivery. The delivery of goods will be based on DDP
INCOTERMS-2020 with ultimate consignee as: -

(a) COD Agra - Aerial Targeting System including ESP.

(b) CAD Pulgaon - Munitions.

1.2. Currency of Payment. Indian bidders should submit their bids in Indian
Rupees.

1.3 Contract Price and Requirement of Bank Guarantees.

1.3.1 Total Contract Price. The Total Contract Price will be the final price
negotiated by CNC including taxes and duties applicable at the time of signing
of Contract.

1.3.2 Base Contract Price. The Base Contract Price will be considered
as Total Contract Price excluding taxes and duties applicable at the time of
signing of Contract.

1.3.3 Bank Guarantee(s). For the purpose of payment of Advances to


the Bidder and submission of various Bank Guarantees by the Bidder i.e.
Advance Payment Bank Guarantee (APBG) and Additional Bank Guarantee
(ABG), as applicable, Base Contract price will be considered. For Performance
cum Warranty Bank Guarantee (PWBG), Total Contract Price including taxes
and duties is to be considered. The prescribed format of the Advance Payment
Bank Guarantee (APBG) is placed at Annexure II to this Appendix.

1.3.4 All Bank Guarantee(s) requirements viz Advance Payment Bank


Guarantee (APBG), Performance-cum-Warrantee Bank Guarantee (PWBG),
Additional Bank Guarantee (ABG), Performance Bank Guarantee (PBG) etc are
to be submitted. Bank Guarantee(s) shall be from any Indian Public or Private
Scheduled Commercial Bank.

1.4 Payment to Indian Bidders. The schedule for payments will be based
on the Buyers requirements, enumerated at succeeding Paragraphs. The
summary of delivery schedule, payments to be made and schedule of
submission/release of Advance Bank guarantee (s), as applicable, is specified at
Annexure V to this Appendix.
54

1.4.1 Advance Payment. 15 (Fifteen) % of the Base Contract Price shall be


paid within 30 (Thirty) days of submission of claim and a Bank Guarantee for
the equivalent amount, subject to correction and acceptability of the documents
submitted. The prescribed format of the Advance Payment Bank Guarantee
(APBG) is placed at Annexure II to this Appendix. The Advance Payment
Bank Guarantee (APBG) will deemed to be proportionately and automatically
reduced until full extinction along with and prorate to value of each delivery, as
evidenced by corresponding copy of document proving delivery and invoices of
goods/services supplied/provided. The date of delivery would be reckoned from
the date of signing of contract (T0).
1.4.2 On Dispatch. 60 (Sixty) % of the base contract price of deliverables
(less cost of training) along with 100% of Freight, Transit Insurance and
reimbursement of 100% taxes shall be paid on proof of dispatch of deliverables
to the consignee and on production of an inspection note issued by the buyer
designated inspection agency. Number and date of the Railway/Road/Air
Transport receipt under which the deliverables charged for in the bill are
dispatched by rail/road/Air and the number and date of letter with which such
receipt is forwarded to the consignee, should be quoted on the bill. The
payment will be made by PCDA/CDA through cheque/Electronic Fund Transfer
(EFT) on submission of following documents: -(Note-The list given below is
illustrative. The documents that may be required, depending upon the
peculiarities of the procurement being undertaken, may be included/excluded in
RFP).
1.4.2.1 Ink-signed copy of Bidder’s bill.

1.4.2.2 Ink-signed copy of Commercial invoice.

1.4.2.3 The relevant Transport Receipt.

1.4.2.4 Inspection Acceptance Certificate of Buyer’s QA agency


demonstrating compliance with the technical specifications of the contract.

1.4.2.5 Packing List.

1.4.2.6 Certificate of Origin.

1.4.2.7 Claim for statutory and other levies to be supported with requisite
documents/GST invoice (with QR code, when made applicable)/proof of
payment, as applicable.

1.4.2.8 Exemption certificate for taxes/duties, if applicable.

1.4.2.9 Warranty certificate from the BIDDER.

1.4.3 In case of failure of the Bidder to deliver the deliverables to the Buyer or
inordinate delay in the said delivery leading to Termination of the Contract in
accordance with Article 22A.1 of SCD, the BIDDER will be liable to return
payments received against dispatch.
55

1.4.4 On Final Acceptance. The remaining 25 (Twenty-Five) % of the Base


Contract Price of the deliverables (less cost of training) shall be paid on pro-rata
basis within 30 (Thirty) days of submission of the Acceptance Certificate &
Certified Receipt Voucher (CRV) issued by the Buyer and other relevant
documents as mentioned above for final payment, but such payments will be
subject to the deductions of such amounts as the Seller may be liable to pay
under the agreed terms of the Contract from concerned PCDA/CDA .
1.4.5 Part-Dispatch/Part-Shipment. Part-dispatch of goods is permitted
and corresponding payment will be released to the Seller. However, where
permitted, the minimum quantity for using this facility on each occasion will not
be less than Five (05) for Aerial Targeting System Ground Support
Equipment, 30 for Loiter Munitions and 02 for Simulators..
1.4.6. Payment for Training. 85% payment (including 100% taxes/
levies) for training of DGQA, Operators and Maintenance personnel will be
done after completion of training as given in Para 15 of RFP. Vendor will also
furnish training completion certificate from buyer, prior to payment for training.
1.4.7 Payment of Taxes and Duties. Payment of taxes, duties and statutory
levies will be made on submission of requisite documentary proof to Paying
authority. Reimbursement of taxes and duties will be as per rates and amounts
indicated in the commercial bid/contract or as per actuals whichever is lower.
1.4.8 Exchange Rate Variation. Exchange Rate variation shall be applicable
for Rupee contracts with Indian Bidders, based on RFPs issued under all
categories of capital acquisitions mentioned at Para 8 to 12 of Chapter I of DAP.
The indigenous & import components as also the various currencies (of the
import components) for ERV purposes, must be determined in advance. The
guidelines on protection of Exchange Rate Variation are given at Annexure I to
this Appendix. No reimbursement of custom duties is applicable
1.4.9 AMC/CMC/PBL/ LCSC Payments. Annually payments will be made by
PCDA/CDA on submission of user clearance certificate through issue of
cheque/ ECS.
1.4.10 Performance Bank Guarantee for AMC/CMC/PBL (where
applicable). The Bidder will be reqired to furnish a Performance Guarantee by
the way of a Bank Guarantee of a sum equal to 3% (or as applicable at the time
of contract signing based on GoI instructions) or the Total Price of AMC for
contracted duration prior to expiry/ return of the PWBG of the Main Contract.
Performance Bank Grantee should be valid for 03 months beyond the period of
the AMC.
2. Performance-cum-Warranty Bank Guarantee Clause. A Performance-cum-
Warranty Bank Guarantee (PWBG) of (three) 3% (or as applicable at the time of signing of
contract in accordance with GoI guidelines)of value of the Total Contract Price including
taxes and duties would be furnished by the Bidder in the form of a Bank Guarantee to
sequentially act as Performance Bank guarantee till the delivery and as Warranty Bank
Guarantee on completion of delivery. The PWBG shall be submitted by the Bidder within one
month of signing of contract and shall be valid for a period, until three months beyond the
warranty period, as specified in the RFP. If at any stage, the Performance Guarantee is
invoked by the Buyer either in full or in part, the Bidder shall make good the shortfall in
PWBG within 30 (Thirty) days by an additional Bank Guarantee for equivalent amount. In
the event of failure to submit the required Bank Guarantee against invoked Performance
Guarantee, equivalent amount will be withheld from the next stage payment till the shortfall in
the Bank Guarantee is made good by the Bidder. The prescribed format of the Performance-
cum-Warranty Bank Guarantee is placed at Annexure III to this Appendix.
56

3. Inspection. Pre Dispatch Inspection (PDI) would be at the discretion of the Buyer. In
addition, Joint Receipt Inspection (JRI) may also be carried out. If it is PDI, the Bidder should
intimate at least 30 days prior to the day when the equipment is to be offered for PDI to
enable Buyer’s QA personnel to be available for inspection. All the expenses towards PDI will
be borne by the Bidder except transportation and accommodation of Buyer’s PDI team, which
will be deputed at Buyer’ expense. In case of rejection of Goods during PDI, re-PDI will be
undertaken at Bidder’s premises at Buyer’s sole discretion. All expenses including
transportation and accommodation of Buyer’s PDI team will be borne by the Bidder. Towards
this, the expenses towards transportation and accommodation of Buyer’s PDI team will be
initially done by the Buyer and subsequently reimbursed by the Bidder either by remittance or
by recovery from the Balance Payment/PWBG. In the event of a failed PDI, the Bidder shall
consult the Buyer for rescheduling re-PDI. In case of JRI, the representative of the Bidder
may be present for inspection after the equipment reaches the concerned destination. The
JRI should be completed within 30 days of intimation from the bidder.
4(a). Liquidated Damages (LD). In the event of the Bidder’s failure to submit the
Documents, supply the stores/ goods, perform services, training as per schedule specified in
this contract, the BUYER may, at his discretion withhold cost of the specific lot/ batch or 1%
of the project cost whichever is higher until the completion of the contract. The BUYER may
also deduct from the BIDDER as agreed, liquidated damages to the sum 1.5% for every
week of delay or part of a week, subject to the maximum value of the Liquidated Damages
being not higher than 15% of the contract price of the value of delayed stores/ services (Any
extension given by the Buyer for delay attributable to Buyer or Force Majeure Clause to be
factored in delivery period).
4(b). Payment Deductions and Damages for Shortfalls in AMC Services (Refer
Annexure I to Appendix E). The clause for payment deductions and damages for shortfall in
AMC services is to be formulated on case to case basis. A sample formulation is below:-
In case the cumulative downtime exceeds 60 (working days) in the Year, payment will be
deducted. The total downtime will be calculated at the end of the Year and payments will be
deducted. The total payments to be deducted will be calculated as follows:-
(i) Payments would be deducted on pro-rate basis for the duration, by which
cumulative downtime exceeds 60 (working days), as follows:-
(aa) Per year AMC = ‘X1’
(ab) Period by which cumulative downtime exceeds the specified cumulative
downtime, in days = ‘Y1’
(ac) Payment Deduction = ‘Z1. Z1 = [(X1/ Number of days in the year) * Y1]
(ii) In addition, damages would be deducted to the sum of 0.1% of the per annum
AMC cost per day, for the duration, by which cumulative downtime exceeds the
maximum permissible cumulative downtime per year, subject to the maximum value
of this damages not being higher than 5% of the annual AMC cost.
5. Denial Clause. In case the delay in delivery is attributable to the Bidder or a non-force
majeure event, the Buyer may protect himself against extra expenditure during the extended
period by stipulating a denial clause (over and above levy of LD) in the letter informing the
Bidder of extension of the delivery period. In the denial clause, any increase in statutory
duties and/or upward rise in prices due to the Price Variation Clause (PVC) and/or any
adverse fluctuation in foreign exchange are to be borne by the Bidder during the extended
delivery period, while the Buyer reserves his right to get any benefit of downward revisions in
statutory duties, PVC and foreign exchange rate. Thus, PVC, other variations and foreign
exchange clauses operate only during the original delivery period. The format for extension of
delivery period/ performance notice under the Denial clause is at Annexure IV to Appendix.
57

Annexure I to Appendix H
(Refers to Para 1.4.9 of Appendix H)

GUIDELINES OF PROTECTION OF EXCHANGE RATE VARIATION IN CONTRACTS

1. Parameters to be kept in view while formulation ERV Clause.

(a) In contracts with Indian Bidders in all categories of capital acquisitions where
there is an import content, ERV clause will be provided. However, ERV clause shall
not be applicable to contracts in following conditions: -

(i) The delivery period is less than one year; or

(ii) The rate of exchange variation is within the band of +/- 2.5%.

(b) ERV clause will be framed according to the specific requirements of the
contract. While calling for information at the RFP stage/formulation of ERV clauses in
the contracts, the following factors are to be taken into consideration depending upon
the requirements of the individual contracts: -

(i) Year wise and major currency wise import break up is to be indicated.

(ii) Detailed time schedule for procurement of imported material/Services and


their value at the FE rates adopted for the contract is to be furnished by the
Bidder as per the format given below: -

YEAR TOTAL FE CONTENT-OUT FLOW (equivalent in rupees ₹ in crore)


COST OF
IMPORTED
MATERIAL/
SERVICES
(In rupees)
DOLLAR EURO POUNDS OTHER
DENOMINATED DENOMINATED DENOMINATED CURRENCIES
DENOMINATED
(as applicable)

(iii) ERV clause will not be applicable in case delivery periods for imported
content are subsequently to be refixed/extended unless the reasons for delivery
period extension are attributable to the buyer.

(iv) For purposes of ensuring uniformity, the Base Exchange Rate on the
ERV reckoning date will be adopted for each of the major foreign currencies.
The Base Exchange Rate will be the BC Selling Rate of the Parliament Street
Branch of State Bank of India, New Delhi. The ERV reckoning date will be the
last date of submission of commercial bids as per RFP. In cases where Option
Clause is exercised, the date of reckoning of ERV will be the last date of
submission of bids for the RFP of the Original Procurement Case.
58

(v) ERV clause in the contract is to clearly indicate that ERV is payable/
refundable depending upon exchange rate as prevalent on the date of
transaction with reference to Base Exchange Rate on the ERV reckoning date.

(vi) Other issues which are peculiar to the contract.

2. Methodology For Claiming ERV

“The prices finalised in the contract are based on the base exchange rates indicated in the
contract. The year-wise amount of foreign exchange component of the imported items as
indicated in the contract shall be adjusted for the impact of exchange Rate Variation of the
Rupee based on the exchange rate prevailing on the date of each transaction, as notified by
the SBI, Parliament Street Branch, New Delhi. The impact of notified Exchange Rate
Variation shall be computed on an yearly basis.

3. Paying authority is to undertake a pre-audit of the documents before payment.

4. Documentation for Claiming ERV. The following documents would need to be submitted in
support of the claim on account of ERV:-

(a) A bill of ERV claim enclosing worksheet.

(b) Banker’s Certificate/debit advice detailing Foreign Exchange paid and


Exchange rate as on date of transaction.

(c) Copies of import orders placed on the suppliers.

(d) Invoice of supplier for the relevant import orders.


59

Annexure II to Appendix H
(Refers to Para 1.3.3 & 1.4.1 of
Appendix H)

BANK GUARANTEE FORMAT FOR ADVANCE

To

The ___________________
Ministry of _______________
Government of India
________________ (complete postal address of the beneficiary)

1. “Whereas President of India represented by the _____________Ministry of


__________ Government of India (hereinafter referred to as BUYER) have entered into a
Contract No.
__________ (No. of Contract), dated _________ (Date of Contract) with M/s _____________
(Name of BIDDER) (referred to as BIDDER) and whereas according to the said Contract the
BUYER has undertaken to make an advance payment of Rs/US $/Euro/PS £/Yen/AUD/SGD
________________ being payment
of ___________% of the total value of Rs/US $/Euro/PS £/Yen/AUD/SGD
_____________________ of the said Contract, against issuance of an advance guarantee by
a bank.”

2. We _______________________________________________ (indicate the name of


the bank) do hereby undertake to pay the amounts due and payable under this guarantee
without any demur, merely on a demand from the BUYER intimating that the BIDDER is in
breach of the Contractual obligations stipulated in the said Contract. 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 total liability under this guarantee shall be restricted to
an amount not exceeding Rs/US $/Euro/PS £/Yen/AUD/SGD _______________.

3. We undertake to pay to the BUYER any money so demanded notwithstanding any


dispute or disputes raised by the BIDDER in any suit or proceedings pending before any
Court or Tribunal relating thereto our liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be valid discharge of our
liability for payment there under and the BIDDER shall have no claim against us for making
such payment.

4. We, further agree that the guarantee herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said Contract and that
it shall continue to be enforceable till all the dues of the BUYER under or by virtue of the said
Contract have been fully paid and its claims satisfied or discharged or till
___________________________ office / Department / Ministry of
_______________________ certifies that the terms and conditions of the said Contract have
been fully and properly carried out by the said BIDDER and accordingly discharges this
guarantee.

5. We, further agree with the BUYER that the BUYER shall have the fullest liberty without
our consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Contract or to extend time of performance by the said
60

BIDDER from time to time or to postpone for any time or from time to time any of the powers
exercisable by the BUYER against the said BIDDER and to forbear or enforce any of the
terms and conditions relating to the said Contract and we shall not be relieved from our
liability by reason of any such variation, Amendment issued vide MoD ID No. 4(50)/D(Acq)/08
dated 20.06.2016 or extension being granted to the said BIDDER or for any forbearance, act
or omission on the part of the BUYER or indulgence by the BUYER to the said BIDDER or
by any such matter or thing whatsoever which under law relating to sureties would, but for
this provision, have effect of so relieving us.

6. The amount of this guarantee will be progressively reduced by (percentage of


advance) _____________ of total value of each part shipment/services against the stage
payment released by the BUYER for that shipment/services made by the BIDDER and
presentation to us of the payment documents.

7. This guarantee will not be discharged due to the change in the constitution of the bank
or the BUYER/BIDDER.

8. We, undertake not to revoke this guarantee during the currency except with the
previous consent of the BUYER in writing.

9. Notwithstanding anything contained herein above: -

(a) Our liability under this Guarantee shall not exceed Rs/US $/Euro/PS
£/Yen/AUD/SGD _____________ (in words) ___________________________

(b) This Bank Guarantee shall remain valid until _________________ (hereinafter
the expiry date of this guarantee) the Bank Guarantee will cease to be valid after
____________ irrespective whether the Original Guarantee is returned to us or not.

(c) We are liable to pay guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written demand or a claim in writing on
or before ______________ (Expiry Date).

Dated the ________day of ________ (month and year)

Place:

Signed and delivered by ____________ (Name of the bank)

Through its authorised signatory

(Signature with seal)


61

Annexure III to Appendix H


(Refers to Para 2 of Appendix H)

BANK GUARANTEE FORMAT FOR PERFORMANCE-CUM-WARRANTY

To

The ___________________
Ministry of _______________
Government of India
________________ (complete postal address of the beneficiary)

Dear Sir,

1. Whereas President of India represented by the _____________ Ministry of


____________, Government of India (hereinafter referred to as BUYER) have entered into a
Contract No. __________________________dated _______________ (hereinafter referred
to as the said Contract) with M/s. _______________________ (hereinafter referred to as the
BIDDER) for supply of goods as per Contract to the said BUYER and whereas the BIDDER
has undertaken to produce a bank guarantee amounting to Rs/US $/Euro/PS
£/Yen/AUD/SGD ___________________ which is 3% of the Total Contract Price(including
taxes and duties)to cover 3% of Total Contract Price (including taxes and duties)each for
Performance and Warranty in sequence, to secure its obligations towards Performance-cum-
Warranty to the BUYERs.

2. We, the _______________ bank hereby expressly, irrevocably and unreservedly


undertake the guarantee as principal obligors on behalf the BIDDER that, in the event that
the BUYER declares to us that the amount claimed is due by way of loss or damage caused
to or would be caused or suffered by the BUYER by reason of breach/failure to perform by
the said BIDDER of any of the terms and conditions in the Contract related to Performance
and Warranty clauses, we will pay you, on demand and without demur, all and any sum up to
{3% of Total Contract Price (including taxes and duties)} _____________________________
Rupees/US $/Euro/PS £/Yen/AUD/SGD only at any instance under this Guarantee. Your
written demand shall be conclusive evidence to us that such repayment is due under the
terms of the said Contract. We shall not be entitled to ask you to establish your claim or
claims under this guarantee but will pay the same forthwith without any protest or demur. We
undertake to effect payment upon receipt of such written demand.

3. We shall not be discharged or released from the undertaking and guarantee by any
arrangements, variations made between you and the BIDDER, indulgence to the BIDDER by
you, or by any alterations in the obligations of the BIDDER or by any forbearance whether as
to payment, time performance or otherwise.

4. We further agree that any such demand made by the BUYER on the Bank shall be
conclusive, binding, absolute and unequivocal notwithstanding any difference or dispute or
controversy that may exist or arise between you and the BIDDER or any other person.

5. In no case shall the amount of this guarantee be increased.

6. This Performance-cum-Warranty guarantee shall remain valid for a period until three
months beyond the warranty period as specified in the Contract i.e. upto __________.
62

7. Subject to the terms of this Bank Guarantee, the issuing bank hereby irrevocably
authorizes the beneficiary to draw the amount of upto Rs/US $/Euro/PS £/Yen/AUD/SGD
_________ {3% of Total Contract Price (including taxes and duties)} for breach/failure to
perform by the BIDDER of any of the terms and conditions of the Contract related to
performance and warranty clause. Partial drawings and multiple drawings under this Bank
Guarantee are allowed within the above stated cumulative amount subject to each such
drawing not exceeding 3% of the Total Contract Price (including taxes and duties) (Rs/US
$/Euro/PS £/Yen/AUD/SGD _______ only) (Mention BG amount).

8. This guarantee shall be continuing guarantee and shall not be discharged by any
change in the constitution of the Bank or in the constitution of M/s ____________. We
undertake not to revoke this guarantee during the currency except with previous consent of
BUYER in writing.

9. Notwithstanding anything contained herein above:

(a) Our liability under this Guarantee shall not exceed Rs/US $/Euro/PS
£/Yen/AUD/SGD _________ (Rupees ___________ only (in words).

(b) This Bank Guarantee shall remain valid until 3 months from the date of expiry of
warranty period of the Contract, i.e. upto ________ (mention the date) which is 3
months after expiry of the warranty period and the BG shall cease to be valid after
_______________ irrespective whether the Original Guarantee is returned to us or
not.

(c) We are liable to pay guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written demand or a claim in writing on
or before ______________ (Expiry Date).

Dated the ____________ day of ___________ (month and year)

Place:

Signed and delivered by __________ (name of the bank)

Through its authorised signatory


(Signature with seal)
63

Annexure IV to Appendix H
(Refers to Para 5 of Appendix H)

FORMAT FOR EXTENSION OF DELIVERY PERIOD/PERFORMANCE NOTICE

Name of the Procuring Entity........................................................................

Extension of Delivery Period/Performance Notice

To
M/s (name and address of firm)

Sub: Contract No.................... dated...........for the supply of...................

Ref: Your letter no. .............................................. dated: ........................

Dear Sir,

1. You have failed to deliver {the (fill in qty.) of Stores/the entire quantity of Stores} within
the contract delivery period [as last extended up to] (fill in date). In your letter under reply you
have asked for [further] extension of time for delivery. In view of the circumstances stated in
your said letter, the time for delivery is extended from (fill in date) to (fill in date).

2. Please note that notwithstanding the grant of this extension in terms of Clause (fill in
clause number) of the subject contract an amount equivalent to ........................ % (...............
per cent) of the delivered price of the delayed goods for each week of delay or part thereof
(subject to the ceiling as provided in the aforesaid clause) beyond the original contract
delivery date/the last unconditionally re-fixed delivery date (as & if applicable), viz., (fill in
date) will be recovered from you as liquidated damages. You may now tender the Stores for
inspection [balance of the Stores] in terms of this letter. Stores if any already tendered by you
for inspection but not inspected will be now inspected accordingly.

3. You are also required to extend the validity period of the performance guarantee for
the subject contract from (fill in present validity date) to (fill in required extended date)
within15 (fifteen) days of issue of this amendment letter.

4. The above extension of delivery date will also be subject to the following Denial
Clause: -

(a) That no increases in price on account of any statutory increase in or fresh


Imposition of customs duty, GST or on account of any other taxes/duty, including
custom duty), leviable in respect of the Stores specified in the said contract which
takes place after (insert the original delivery date) shall be admissible on such of the
said Stores, as are delivered after the said date; and,

(b) That notwithstanding any stipulation in the contract for increase in price on any
other ground including foreign exchange rate variation, no such increase which takes
place after (insert the reckoning date as per DAP 2020) shall be admissible on such of
the said Stores as are delivered after the said date.

(c) But nevertheless, the Buyer shall be entitled to the benefit of any decrease in price
on account of reduction in or remission of customs duty, GST or on account of any
64

other Tax or duty or on any other ground as stipulated in the price variation clause or
foreign exchange rate variation which takes place after (insert the original delivery
date).

5. All other terms and conditions of the contract remain unaltered. This is without any
prejudice to Buyer’s rights under the terms and conditions of the subject contract.

6. Please intimate your unconditional acceptance of this amendment letter within 10 (ten)
days of the issue of this letter failing which the contract will be cancelled at your risk and
expense without any further reference to you.

Yours faithfully,
(Authorised Officer)
Duly authorised,
for and on behalf of
The President of India

Note: Select one option within { } brackets; delete portion within [ ] brackets, if not applicable;
fill in ( ) brackets. Brackets and this note are not to be typed.

Substitute following first para instead of first para in format above, for issuing a performance
notice.

1. You have failed to deliver {the (fill in qty.) of Stores/the entire quantity of Stores} within
the contract delivery period [as last extended up to] (fill in date). In spite of the fact that the
time of delivery of the goods stipulated in the contract is deemed to be of the essence of the
contract, it appears that (fill in the outstanding quantity) are still outstanding even though the
date of delivery has expired. Although not bound to do so, the time for delivery is extended
from (fill in date) to (fill in date) and you are requested to note that in the event of your failure
to deliver the goods within the delivery period as hereby extended, the contract shall be
cancelled for the outstanding goods at your risk and cost.
65

Annexure V to Appendix H
(Refers to Para 9 of RFP and
Para 1.4 of Appendix H)

DELIVERY SCHEDULE AND STAGES OF PAYMENT

1. The broad guidelines for payments terms are appended in subsequent Paras.

2. For Delivery in a Single Lot

Ser Activity Delivery Timelines Scheme for Scheme for Remarks


No (T0 + Months) Payment submission
and Return of
Advance
Payment Bank
Guarantees
(a) Signing of To Fifteen (15) % APBG of T0 is the date
contract of the Base equivalent of signing of
Contract Price amount to be contract
submitted
Payment of
advance within
thirty (30) days
of submission
of claim.

Refer Para
1.4.1 of
Appendix H.
(b) On Dispatch of Main Equipment along with associated accessories
(i) On Dispatch T0 to T0 + 12 60% of the base The entire
(Min Lot - 05 months contract price of quantity of
Launcher, 30 deliverables MRLS to be
Munition & 02 (less cost of delivered six
Simulator) training) along months before
with 100% of the expiry of
Freight, Transit warranty of last
Insurance a n d lot of delivered
re-imbursement main
of 100 % of equipment (as
taxes and levies per Para 2 (c)
on pro-rata above)
basis
66

Ser Activity Delivery Timelines Scheme for Scheme for Remarks


No (T0 + Months) Payment submission
and Return of
Advance
Payment Bank
Guarantees
(c) On Acceptance
(i) On Delivery of T0 to T0 + 12 25% of the base APBG is to be The entire
(Min Lot - 05 months contract price of returned on quantity of
Launcher, 30 deliverables delivery of all MRLS to be
Munition & 02 (less cost of equipment. delivered six
Simulator) training) on pro- months before
rata basis APBG pertaining the expiry of
to warranty of last
documentation lot of delivered
and training can main
be returned on equipment (as
full delivery/ per Para 2 (c)
completion. above)

(d) Training Completion of 85% of the cost


Training (as per of Training
Para 16 of RFP) along with
associated
taxes on
successful
completion of
training.

(e) Cost of AMC T0 +36 to T0 + 72 Annual On submission


of user
clearance
certificate
67

Appendix J
(Refers to Para 48 and 58 (b) of RFP)

EVALUATION CRITERIA AND PRICE BID FORMAT

1. Evaluation Criteria. The guidelines for evaluation of Bids will be as follows: -

1.1. Only those Bids will be evaluated, which are found to be fulfilling all the
eligibility and qualifying requirements of the RFP, both technically including
Demonstration/Evaluation and commercially. The bidder, whose price is arrived as
lowest as per Evaluation criteria given in this Appendix, will be declared as L-1 bidder
by Buyer.

1.2 Custom duty on input materials shall not be loaded by the Indian Bidders in
their price bids, if they are exempted under the existing Notifications. In such cases,
necessary Custom Duty Exemption Certificate (CDEC) shall be issued by the Buyer. In
cases where Custom Duty is not exempted, Basic Custom Duty on input material is to
be included in the cost of Basic Equipment, MRLS, SMT, STE, ESP and any other
item listed at Column (ii) of Para 2 below.

1.3 If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price will prevail and the
total price will be corrected based on indicative rates of taxes and duties at columns
(vi) and (vii) of Para 2 below. If there is a discrepancy between words and figures, the
amount in words will prevail for calculation of price.

2. Price Bid Format. The Price Bid Format is given below and Bidders are required to
fill this correctly with full details. No column of the Bid format has to be left blank. The
clubbing of serials/sub serials to indicate a consolidated cost is not acceptable. Columns of
'quantity', ‘unit cost’, ‘total cost (including all taxes and duties)', ‘GST/IGST (%) and Custom
Duty (%) are to be filled up with ‘0’, ‘positive numerical values’ or ‘Not Applicable’ at every
row as applicable. If any column is not applicable and intentionally left blank, the reason for
the same has to be clearly indicated in the remarks column:-

Ser Items Qty Unit Total Indicative Rate of Total Cost Remarks
Cost Cost Taxes & Duties (including
used to arrive at all taxes &
(iii) x Total Cost (as duties)
(iv) applicable) (v) + (vi)
+(vii)
GST/ Custom
IGST Duty (%)
(%)
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)
A. Cost of Aerial Targeting System
(Extended Range) comprising of
following items: -

A1 Cost of Control Station


10
A2 Cost of Forwarded Control Station 10
68

Ser Items Qty Unit Total Indicative Rate of Total Cost Remarks
Cost Cost Taxes & Duties (including
used to arrive at all taxes &
(iii) x Total Cost (as duties)
(iv) applicable) (v) + (vi)
+(vii)
GST/ Custom
IGST Duty (%)
(%)
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)
A3 Cost of Antenna for long range 10
communication

A4 Cost of Lorry 7.5 Ton 4 x 4 GS vehicle


duly modified 10

Anti- 80
Personal
Option -I Anti-
Armour 40
Cost of Type of
Loiter Anti- 120 Warheads to be
Option -II
Munition Personal contracted is
A5 (to be fas Hybrid subjective to
per one of Warhead performance
the three having during the
options) both Anti Demonstration
Option -III Personal & 120
anti
Armour
capability

A6 Cost of Inert Warhead 20


A7 Cost of Training Simulator 05
B. (i) Cost of Manufacturer’s
Recommended List of Spares as per
the format given at Annexure II to
Appendix E, to include cost of Special
Maintenance Tools and Special Test
Equipment as per format given at
Annexure III to Appendix E.

(ii) In case equipment is


already in usage, the spare parts
requirement must be specific rather
than being based on MRLS.
C. Cost of Training to include
following: -

(i) Cost of Operator’s Manual


and Technical Literature (in
English Language) including
Illustrated Spare Parts List as
per Annexure IV to Appendix
E.

(ii) Cost of Training Aids such as


simulators, cut out models, films,
charts etc as recommended by the
supplier as per Annexure V to
Appendix E.

(iii) Cost of recommended period of


Training excluding the cost of travel
and boarding and lodging. This
should be given as per Annexure V
to Appendix E.
69

Ser Items Qty Unit Total Indicative Rate of Total Cost Remarks
Cost Cost Taxes & Duties (including
used to arrive at all taxes &
(iii) x Total Cost (as duties)
(iv) applicable) (v) + (vi)
+(vii)
GST/ Custom
IGST Duty (%)
(%)
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)
D. Cost of AMC as per Annexure-I to Year
Appendix E wise
for
three
year
after
warra
nty
E. Any other cost (to be specified).

F. Freight and Transit Insurance Cost


(where applicable).

G. Total Cost including taxes (Total of


Serial A to F)
H Total Cost as per serial G (in words) # # This will be
used in
determining L1
Bidder (duly
applying
provisions of
Para 1 above).
J. Foreign Exchange component of the
proposal. (for Indian Vendors only)

K. CDEC (if applicable), its authority and This will be with


amount for which required. reference to Para
1.2 of Appendix J

Note: Taxes and Duties. All Indirect Taxes and Duties will be paid at actuals or as indicated
in the Commercial bid by the Bidder, whichever is lower. In case of any change in the tax
structure/rates by BUYER’s Government, only incremental/decremented change will be paid.
70

Appendix K
(Refers to Para 53 of
RFP)

STANDARD CONDITIONS OF RFP

LAW

1. The present Contract shall be considered and made in accordance to the laws of
Republic of India.

ARBITRATION
(For Indian Private Bidders)

2.1 All disputes or differences arising out of or in connection with the present Contract,
including the one connected with the validity of the present Contract or any part thereof, shall
be settled by bilateral discussions.

2.2 Any dispute, disagreement of question arising out of or relating to this Contract or
relating to construction or performance (except as to any matter the decision or
determination whereof is provided for by these conditions), which cannot be settled
amicably, shall within sixty (60) days or such longer period as may be mutually agreed upon,
from the date on which either party informs the other in writing by a notice that such dispute,
disagreement or question exists, will be referred to the Arbitration Tribunal consisting of three
arbitrators.

2.3 Within 60 ( Sixty) days of the receipt of the said Notice, one arbitrator shall be
nominated in writing by BIDDER and one arbitrator shall be nominated by BUYER.

2.4 The third arbitrator, shall be nominated by the parties within ninety (90) days of the
receipt of the notice mentioned above, failing which the third arbitrator may be nominated
under the provision of Indian Arbitration and Conciliation Act, 1996 (as amended from time to
time) or by dispute resolution institutions like Indian Council of Arbitration or ICADR, at the
request of either party, but the said nomination would be after consultation with both the
parties. The arbitrator nominated under this Clause shall not be regarded nor act as an
umpire.

2.5 The Arbitration Tribunal shall have its seat in New Delhi or such other place in India as
may be decided by the arbitrator.

2.6 The Arbitration Proceedings shall be conducted in India under the Indian Arbitration
and Conciliation Act, 1996 (as amended from time to time) and the award of such Arbitration
Tribunal shall be enforceable in Indian Courts only.

2.7 The decision of the majority of the arbitrators shall be final and binding on the
parties to this contract.

2.8 Each party shall bear its own cost of preparing and presenting its case. The cost of
arbitration including the fees and expenses of the third arbitrator shall be shared equally by
the BIDDER and the BUYER.
71

2.9 In the event of a vacancy caused in the office of the arbitrators, the party which
nominated such arbitrator, shall be entitled to nominate another in his place and the
arbitration proceedings shall continue from the stage they were left by the retiring arbitrator.

2.10 In the event of one of the parties failing to nominate its arbitrator within sixty (60)
days as above or if any of the parties does not nominate another arbitrator within sixty (60)
days of the place of arbitrator falling vacant, then the other party shall be entitled after due
notice of at least thirty (30) days to request dispute resolution institutions in India like Indian
Council of Arbitration and ICADR to nominate another arbitrator as above.

2.11 If the place of the third arbitrator falls vacant, his substitute shall be nominated
according to the provisions herein above stipulated.

2.12 The parties shall continue to perform their respective obligations under this contract
during the pendency of the arbitration proceedings except in so far as such obligations are
the subject matter of the said arbitration proceedings.

FORCE MAJEURE

3.1 Should any force majeure circumstances arise, each of the contracting party shall be
excused for the non-fulfilment or for the delayed fulfilment of any of its contractual obligations,
if the affected party within 30 (Thirty) days of its occurrence informs in a written form the other
party.

3.2 Force majeure shall mean fires, floods, natural disasters or other acts such as war,
turmoil, strikes, sabotage, explosions, beyond the control of either party.

3.3 Provided the acts of The Government or any state parties of the Bidder which may
affect the discharge of the Bidder’s obligation under the contract shall not be treated as Force
Majeure.

PENALTY FOR USE OF UNDUE INFLUENCE

4.1 The Bidder undertakes that he has not given, offered or promised to give, directly or
indirectly any gift, consideration, reward, commission, fees brokerage or inducement to any
person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or
for having done or for borne to do any act in relation to the obtaining or execution of the
Contract or any other Contract with the Government for showing or forbearing to show favour
or disfavour to any person in relation to the Contract or any other Contract with the
Government. Any breach of the aforesaid undertaking by the Bidder or any one employed by
him or acting on his behalf (whether with or without the knowledge of the Bidder) or the
commission of any offence by the Bidder or anyone employed by him or acting on his behalf,
as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act,
1988 or any other Act enacted for the prevention of corruption shall entitle the Buyer to
cancel the contract and all or any other contracts with the Bidder and recover from the Bidder
the amount of any loss arising from such cancellation. A decision of the buyer or his nominee
to the effect that a breach of the undertaking had been committed shall be final and binding on
the Bidder.
72

4.2 Giving or offering of any gift, bribe or inducement or any attempt at any such act on
behalf of the Bidder towards any officer/employee of the buyer or to any other person in a
position to influence any officer/employee of the Buyer for showing any favour in relation to
this or any other contract, shall render the Bidder to such liability/penalty as the Buyer may
deem proper, including but not limited to termination of the contract, imposition of penal
damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.

INTEGRITY PACT

5.1 Further signing of an ‘Integrity Pact’ would be considered between government


department and the bidder for schemes exceeding 20 (Twenty) Crores. The Integrity Pact is
a binding agreement between the agency and bidders for specific contracts in which the
agency promises that it will not accept bribes during the procurement process and bidders
promise that they will not offer bribes. Under the IP, the bidders for specific services or
contracts agree with the procurement agency or office to carry out the procurement in a
specified manner. The essential elements of the IP are as follows: -

(a) A pact (contract) between the Government of India (Ministry of Defence) (the
authority or the "principal") and those companies submitting a tender for this specific
activity (the "bidders");

(b) An undertaking by the principal that its officials will not demand or accept any
bribes, gifts, etc., with appropriate disciplinary or criminal sanctions in case of violation;

(c) A statement by each bidder that it has not paid and will not pay, any bribes;

(d) An undertaking by each bidder that he shall not pay any amount as gift, reward,
fees, commission or consideration to such person, party, firm or institution (including
Agents and other as well as family members, etc., of officials), directly or indirectly, in
connection with the contract in question. All payments made to the Agent 12 months
prior to tender submission would be disclosed at the time of tender submission and
thereafter an annual report of payments would be submitted during the procurement
process or upon demand of the MoD.

(e) The explicit acceptance by each bidder that the no-bribery commitment and the
disclosure obligation as well as the attendant sanctions remain in force for the winning
bidder until the contract has been fully executed;

(f) Undertakings on behalf of a bidding company will be made "in the name and on
behalf of the company’s chief executive officer";

(g) The following set of sanctions shall be enforced for any violation by a bidder of
its commitments or undertakings:

(i) Denial or loss of contract;

(ii) Forfeiture of the EMD (pre-contract) and Guarantee for Performance-


cum-Warranty Bond (after signing of contract).

(iii) Payment to the Buyer of any such amount paid as gift, reward, fees or
consideration along with interest at the rate of 2% per annum above LIBOR
rate.
73

(iv) Refund of all sums already paid by the Buyer along with interest at the
rate of 2% per annum above LIBOR rate.

(v) Recovery of such amount, referred to in (iii) and (iv) above, from other
contracts of the Bidder with the Government of India.

(vi) At the discretion of the Buyer, the Bidder shall be liable for action as per
extant policy on Putting on Hold, Suspension and Debarment of Entities.

(h) Bidders are also advised to have a company code of conduct (clearly rejecting
the use of bribes and other unethical behaviour) and a compliance program for the
implementation of the code of conduct throughout the company.

(j) The draft Pre-Contract Integrity Pact is attached as Annexure I to this


Appendix. The Bidders are required to sign them and submit separately along with the
technical and commercial offers.

5.2 In respect of bids from DPSUs, the concerned DPSU shall enter in to a Pre-Contract
Integrity Pact, on the same lines with their sub-Bidders individually, in case the estimated
value of each sub-contract(s) exceed ₹ 20 (Twenty) Crores and such subcontract(s) are
required to be entered in to by the DPSU with a view to enable DPSU to discharge the
obligations arising out of their bid in question in response to this RFP.

AGENTS

6. The Bidder confirms and declares to the Buyer that the Bidder is the original
manufacturer of the stores referred to in this contract. The Bidder confirms that he has not
engaged any person, party, firm or institution as an Agent including his Agents already
intimated to MoD; to, influence, manipulate or in any way to recommend to any functionaries
of the Government of India, whether officially or unofficially, to the award of the contract to the
Bidder, or to indulge in corrupt and unethical practices. The Bidder has neither paid, promised
nor has the intention to pay to any person, party, firm or institution in respect of any such
intervention or manipulation. The Bidder agrees that if it is established at any time to the
satisfaction of the buyer that the present declaration is in any way incorrect or if at a later
stage it is discovered by the Buyer that Bidder has engaged any such person, party, firm or
institution and paid, promised or has intention to pay any amount, gift, reward, fees,
commission or consideration to such person, party, firm or institution, whether before or after
the signing of this contract, the Bidder will be liable for any or all of the following actions:-

(a) To pay to the Buyer any such amount paid as gift, reward, fees or consideration
along with interest at the rate of 2% per annum above LIBOR rate.

(b) The Buyer will also have a right to put on hold or cancel the Contract either
wholly or in part, without any entitlement or compensation to the Bidder who shall in
such event be liable to refund all payments made by the Buyer in terms of the Contract
along with interest at the rate of 2% per annum above LIBOR rate
(c) The Buyer will also have the right to recover any such amount referred in (a)
and (b) above from other contracts of the Bidder with the Government of India.

(d) At the discretion of the Buyer, the Bidder shall be liable for action as per extant
policy on Putting on Hold, Suspension and Debarment of Entities
74

7. In case it is found to the satisfaction of the BUYER that the BIDDER has engaged an
Agent, or paid commission or influenced any person to obtain the contract as described in
clauses relating to Agents and clauses relating to Penalty for Use of Undue Influence, the
BIDDER, on demand of the BUYER shall provide necessary information/inspection of the
relevant financial documents/ information, including a copy of the contract(s) and details of
payment terms between the Bidders and Agents engaged by him.
75

Annexure I to Appendix K
(Refers to Para 5.1 (j) of Appendix
K)

PRE-CONTRACT INTEGRITY PACT

General

1. Whereas the PRESIDENT OF INDIA, represented by Joint Secretary & Acquisition


Manager (Army/Air Force/Maritime & Systems)/Major General & equivalent, Service
Headquarters./Coast Guard, Ministry of Defence, Government of India, hereinafter referred to
as the Buyer and the first party, proposes to procure (Name of the Equipment), hereinafter
referred to as Defence Stores and M/s ___ ____________________________ represented
by,_______________________________ Chief Executive Officer (which term, unless
expressly indicated by the contract, shall be deemed to include its successors and its
assignees), hereinafter referred to as the Bidder/Bidder and the second party, is willing to
offer/has offered the Defence stores.

2. Whereas the Bidder is a private company/public company/partnership/registered export


agency, constituted in accordance with the relevant law in the matter and the Buyer is a
Ministry of the Government of India performing its functions on behalf of the President of
India.

Objectives

3. Now, therefore, the Buyer and the Bidder agree to enter into this pre-contract
agreement, hereinafter referred to as Integrity Pact, to avoid all forms of corruption by
following a system that is fair, transparent and free from any influence/unprejudiced dealings
prior to, during and subsequent to the currency of the contract to be entered into with a view
to:

3.1 Enabling the Buyer to obtain the desired defence stores at a competitive price in
conformity with the defined specifications of the Services by avoiding the high cost
and the distortionary impact of corruption on public procurement

3.2 Enabling Bidders to abstain from bribing or any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also
refrain from bribing and other corrupt practices and the Buyer will commit to prevent
corruption, in any form, by their officials by following transparent procedures.

Commitments of the Buyer

4. The Buyer commits itself to the following:-

4.1 The Buyer undertakes that, no official of the Buyer, connected directly or
indirectly with the contract will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any material or
immaterial benefit or any other advantage from the Bidder, either for themselves or for
any person, organisation or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation
process related to the Contract.
76

4.2 The Buyer will, during the pre-contract stage, treat all Bidders alike and will
provide to all Bidders the same information and will not provide any such information to
any particular Bidder which could afford an advantage to that particular Bidder in
comparison to other Bidders.

4.3 All the officials of the Buyer will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.

5. In case of any such preceding misconduct on the part of such official(s) is reported by
the Bidder to the Buyer with full and verifiable facts and the same is prima facie found to be
correct by the Buyer, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the Buyer and such a person shall be
debarred from further dealings related to the contract process. In such a case while an
enquiry is being conducted by the Buyer the proceedings under the contract would not be
stalled.

Commitments of Bidders

6. The Bidder commits himself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of his bid or during any pre-
contract or post-contract stage in order to secure the contract or in furtherance to secure it
and in particular commits himself to the following:

6.1 The Bidder will not to offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the Buyer, connected
directly or indirectly with the bidding process, or to any person, organisation or third
party related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the Contract.

6.2 The Bidder further undertakes that he has not given, offered or promised to
give, directly or indirectly any bribe, gift, consideration, reward, favour, any material
or immaterial benefit or other advantage, commission, fees, brokerage or inducement
to any official of the Buyer or otherwise in procuring the Contract or forbearing to do or
having done any act in relation to the obtaining or execution of the Contract or any
other Contract with the Government for showing or forbearing to show favour or
disfavour to any person in relation to the Contract or any other Contract with the
Government.

6.3 The Bidder will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.

6.4 The Bidder will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
77

6.5 The Bidder further confirms and declares to the Buyer that the Bidder is the
original manufacturer/integrator/authorised government sponsored export entity of the
Defence stores and has not engaged any individual or firm or company whether
Indian or foreign to intercede, facilitate or in any way to recommend to the Buyer or
any of its functionaries, whether officially or unofficially to the award of the contract to
the Bidder, nor has any amount been paid, promised or intended to be paid to any such
individual, firm or company or Agent in respect of any such intercession, facilitation or
recommendation.

6.6 The bidder would not enter into conditional contract with any Agents, brokers or
any other intermediaries wherein payment is made or penalty is levied, directly or
indirectly, on success or failure of the award of the contract. The bidder while
presenting the bid, shall disclose any payments he has made during the 12 months
prior to tender submission or is committed to or intends to make to officials of the
buyer or their family members, Agents, brokers or any other intermediaries in
connection with the contract and the details of such services agreed upon for such
payments. Within the validity of PCIP, bidder shall disclose to MoD any payments
made or has the intention to pay any amount, gift, reward, fees, commission or
consideration to such person, party, firm or institution as an annual report during the
procurement process.

6.7 The Bidder shall not use improperly, for purposes of competition or personal
gain or pass on to others, any information provided by the Buyer as part of the
business relationship regarding plans, technical proposals and business details,
including information contained in any electronic data carrier. The Bidder also
undertakes to exercise due and adequate care lest any such information is divulged.

6.8 The Bidder commits to refrain from giving any complaint directly or through
any other manner without supporting it with full and verifiable facts. Complaint will be
processed as per Guidelines for Handling of Complaints in vogue. In case the
complaint is found to be vexatious, frivolous or malicious in nature, it would be
construed as a violation of Integrity Pact.

6.9 The Bidder shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.

7. Previous Transgression

7.1 The Bidder declares that no previous transgression occurred in the last three
years immediately before signing of this Integrity Pact, with any other company in any
country in respect of any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India.
7.2 If the Bidder makes incorrect statement on this subject, Bidder can be disqualified
from the tender process or the contract and if already awarded, can be terminated for such
reason.
78

8. Bid Security: Earnest Money Deposit

8.1 Every bidder, while submitting commercial bid, shall submit Bid Security in the
form of Earnest Money Deposit (EMD), in cases where applicable (as provided in
Clause 8 herein).
(a) To safeguard against a bidder(s) withdrawing or altering its bid during
the bid validity period, Bid Security (also known as EMD) is to be obtained from
all bidders except for cases upto ₹ 100 (Hundred) Crores (i.e, all cases upto
₹ 100 (hundred) crores of AoN will be exempted from payment of EMD) as
follows:-
EMD TABLE
Estimated Cost of Procurement EMD Amount
Scheme(Crore)
Above (Not including) To (Including)
- 100 Nil
100 150 30 Lakh
150 300 70 Lakh
300 1000 2 Crore
1000 2000 5 Crore
2000 3000 10 Crore
3000 5000 15 Crore
5000 - 25 Crore

(b) EMD is not required from Micro and Small Enterprises (MSEs) as
defined in MSE Procurement Policy issued by Department of Micro, Small and
Medium Enterprises (MSME) or are registered with the Central Purchase
Organisation or the concerned Ministry or Department or Startups as
recognised by Department of Industrial Policy & Promotion (DIPP), in
accordance with the Ministry of Finance office memorandum bearing No. No.
F.20/2/2014-PPD (Pt.) dated July 25, 2017 (as amended from time to time).

(c) DPSUs are not required to submit EMD when nominated as ab-initio
single Bidder. DPSUs will submit all BGs and EMD as applicable while
participating in multi-Bidder cases with private Bidders.

(d) Format of EMD. The Bid Security may be accepted in the following
forms, safeguarding the Buyer’s interest in all respect: -

(i) Bank Guarantee from any Indian Public or Private Scheduled


Commercial Bank notified by RBI or first-class banks of international
repute. The format of the Bank Guarantee for Bid Security is provided at
Annexure I to Appendix J.

(ii) Insurance Surety Bond - The format and guidelines pertaining to


the same shall be issued / notified by the Ministry of Defence.
79

(iii) Account Payee Demand Draft, Fixed Deposit Receipt, Banker’s


Cheque shall be payable in an acceptable form. The Beneficiary Bank
Details for furnishing the same are as follows:

(IFSC Code - SBIN0000691)


State Bank of India New Delhi Main Branch
C Block, 11 Parliament Street
New Delhi, Pin: 110001

(e) Validity of EMD. The EMD will be valid for eighteen months or till
signing of contract, whichever is later. The EMD shall be extended from time to
time as required by the Buyer and agreed by the Bidder. No interest shall be
payable by the Buyer to the Bidder(s) on the EMD for the period of its currency.
For unsuccessful bidders EMD will be returned on declaration of successful
bidder(s).

(f) Instances of Forfeiture of EMD.

(i) If the Bidder withdraws or amends, impairs or derogates from the


Bid in any respect within the period of validity of this tender.

(ii) If the Bidder having been notified of the acceptance of his tender
by the Buyer during the period of its validity.

(aa) If the Bidder fails to furnish the Performance Security for the
due performance of the contract.

(ab) Fails or refuses to accept/ execute the contract.

(iii) In case of violation of Pre-Contract Integrity Pact, EMD will be


forfeited besides other legal penalties as may be decided by the
Ministry of Defence.

8.2 In the case of successful bidder a clause would also be incorporated in the Article
pertaining to Performance-cum-Warranty Bond in the Purchase Contract that the
provisions of Sanctions for Violation shall be applicable for forfeiture of Performance
Bond in case of a decision by the Buyer to forfeit the same without assigning any
reason for imposing sanction for violation of this pact.

8.3 The provisions regarding Sanctions for Violation in Integrity Pact include
forfeiture of Performance-cum-Warranty Bond in case of a decision by the Buyer to
forfeit the same without assigning any reason for imposing sanction for violation of
Integrity Pact.

8.4 No interest shall be payable by the Buyer to the Bidder(s) on EMD for the
period of its currency.
80

9. Company Code of Conduct

9.1 Bidders are also advised to have a company code of conduct (clearly rejecting
the use of bribes and other unethical behaviour) and a compliance program for the
implementation of the code of conduct throughout the company.

10. Sanctions for Violation

10.1 Any breach of the aforesaid provisions by the Bidder or any one employed by
him or acting on his behalf (whether with or without the knowledge of the Bidder) or the
commission of any offence by the Bidder or any one employed by him or acting on
his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention
of Corruption Act 1988 or any other act enacted for the prevention of corruption shall
entitle the Buyer to take all or any one of the following actions, wherever required:

(i) To immediately call off the pre-contract negotiations without assigning


any reason or giving any compensation to the Bidder. However, the proceedings
with the other Bidder(s) would continue.

(ii) The EMD for pre contract period, Performance-cum-Warranty Bond


post signing of contract shall stand forfeited either fully or partially, as decided
by the Buyer and the Buyer shall not be required to assign any reason
therefore.

(iii) To immediately cancel the contract, if already signed, without any


compensation to the Bidder.

(iv) To recover all sums already paid by the Buyer, in case of an Indian
Bidder with interest thereon at 2% higher than the prevailing Base Rate of SBI
and in case of a Bidder from a country other than India with interest thereon at
2% higher than the LIBOR. If any outstanding payment is due to the Bidder
from the Buyer in connection with any other contract for any other defence
stores, such outstanding payment could also be utilised to recover the aforesaid
sum and interest.

(v) To encash the advance bank guarantee and Performance-cum-


Warranty Bond if furnished by the Bidder, in order to recover the payments,
already made by the Buyer, along with interest.

(vi) To cancel all or any other Contracts with the Bidder.

(vii) To Put on Hold or Suspend or Debar the bidder as per the extant policy.

(viii) To recover all sums paid in violation of this Pact by Bidder(s) to any
Agent or broker with a view to securing the contract.

(ix) If the Bidder or any employee of the Bidder or any person acting on
behalf of the Bidder, either directly or indirectly, is closely related to any of the
officers of the Buyer, or alternatively, if any close relative of an officer of the
Buyer has financial interest/stake in the Bidder’s firm, the same shall be
disclosed by the Bidder at the time of filing of tender. Any failure to disclose the
interest involved shall entitle the Buyer to debar the Bidder from the bid process
81

or rescind the contract without payment of any compensation to the Bidder. The
term ‘close relative’ for this purpose would mean spouse whether residing with
the Government servant or not, but not include a spouse separated from the
Government servant by a decree or order of a competent court; son or daughter
or step son or step daughter and wholly dependent upon Government servant,
but does not include a child or step child who is no longer in any way
dependent upon the Government servant or of whose custody the Government
servant has been deprived of by or under any law; any other person related,
whether by blood or marriage, to the Government servant or to the
Government servant’s wife or husband and wholly dependent upon Government
servant.

(x) The Bidder shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of
the Buyer and if he does so, the Buyer shall be entitled forthwith to rescind the
contract and all other contracts with the Bidder. The Bidder shall be liable to
pay compensation for any loss or damage to the Buyer resulting from such
rescission and the Buyer shall be entitled to deduct the amount so payable from
the money(s) due to the Bidder.

(xi) In cases where irrevocable Letters of Credit have been received in


respect of any contract signed by the Buyer with the Bidder, the same shall not
be opened.

10.2 The decision of the Buyer to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder shall be final and binding on the
Bidder, however, the Bidder can approach the Independent Monitor(s) appointed for
the purposes of this Pact.

11. Fall Clause

11.1 The Bidder undertakes that he has not supplied/is not supplying the similar
products, systems or subsystems at a price lower than that offered in the present bid
in respect of any other Ministry/Department of the Government of India and if it is
found at any stage that the similar system or sub-system was supplied by the Bidder
to any other Ministry/Department of the Government of India at a lower price, then
that very price, with due allowance for elapsed time, will be applicable to the present
case and the difference in the cost would be refunded by the Bidder to the Buyer, even
if the contract has already been concluded.

11.2 The Bidder shall strive to accord the most favoured customer treatment to the
Buyer in respect of all matters pertaining to the present case.

12. Independent Monitors

12.1 The Buyer has appointed Independent Monitors for this Pact in
consultation with the Central Vigilance Commission. The names and addresses of
nominated Independent Monitors (at the time of issue of RFP) are as follows (however
the Bidder must refer to the MoD website at www.mod.nic.in to check for changes to
these details):-
82

(a) Shri Ravikant, IAS/ Bihar (1984) (Retd)


Apartment No. 502, Tower-1, M3M Merlin,
Sector-67, Gurugram-122001 (Haryana)
Mob : 9953555566, Email- [email protected]

(b) Dr. Prabhat Kumar, IAS/ UP (1985) (Retd)


C-120, Sector-39, Noida-201301
Gautam Budh Nagar (Uttar Pradesh)
Mob : 9810530048, Email- [email protected]

(c) Shri Chet Ram, IRS (1985) (Retd)


Flat No.A-203, Building Gemini, Gladys Alwares Marg,
HiranandaniMeadows, Off-Pokhran Road No.2,
Thane (W), Maharashtra-400610
Mob : 9869479987, Email- [email protected]

12.1A All communications to Independent Monitors will be copied to Director


(Vigilance). The Designation and Contact details of Director (Vigilance) are as follows:-

Director (Vigilance)
Room No 340,
B Wing, Sena Bhawan
New Delhi 110011
Tel No - 011 – 23012304

12.2 After the Integrity Pact is signed, the Buyer shall provide a copy thereof, along
with a brief background of the case to the Independent Monitors, if required by them.

12.3 The Bidder(s), if they deem it necessary, may furnish any information as
relevant to their bid to the Independent Monitors.

12.4 If any complaint with regard to violation of the IP is received by the buyer in a
procurement case, the buyer shall refer the complaint to the Independent Monitors for
their comments/enquiry.

12.5 If the Independent Monitors need to peruse the relevant records of the Buyer in
connection with the complaint sent to them by the Buyer, the Buyer shall make
arrangement for such perusal of records by the Independent Monitors.

12.6 The report of enquiry, if any, made by the Independent Monitors shall be
submitted to the head of the Acquisition Wing of the Ministry of Defence, Government
of India for a final and appropriate decision in the matter keeping in view the provision
of this Pact.
83

13. Examination of Books of Accounts

In case of any allegation of violation of any provisions of this Integrity Pact or payment of
commission, the Buyer or its agencies shall be entitled to examine the Books of Accounts of the
Bidder and the Bidder shall provide necessary information of the relevant financial documents
in English and shall extend all possible help for the purpose of such examination.

14. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
Buyer i.e. New Delhi.

15. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the extant law in force relating to any
civil or criminal proceedings.

16. Validity

16.1 The validity of this Integrity Pact shall be from date of its signing and extend up
to 5 years or the complete execution of the contract to the satisfaction of both the
Buyer and the Bidder/Bidder, whichever is later.

16.2 Should one or several provisions of this Pact turn out to be invalid; the
remainder of this Pact remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.

17. The Parties hereby sign this Integrity Pact at on

BUYER BIDDER

MINISTRY OF DEFENCE, CHIEF EXECUTIVE OFFICER


GOVERNMENT OF INDIA

Witness Witness
1. 1. __________________
2. 2. __________________
84

Refers to Para 8.1 (d) (i) of


Pre-Contract Integrity Pact

EMD BANK GUARANTEE FORMAT

Whereas …………………………………… (hereinafter called the “Bidder”) has


submitted their offer dated………………………………….for the supply of
……………………………………… (hereinafter called the “Bid”) against the Buyer’s Request
for proposal No. …………………………………… KNOW ALL MEN by these presents that WE
…………………of ……………………………………….. having our registered office at
……………………………………. are bound unto …………………. (hereinafter called the
“Buyer”) in the sum of ………… ……………………………… ………………………for which
payment will and truly to be made to the said Buyer, the Bank binds itself, its successors and
assigns by these presents.
Sealed with the Common Seal of the said Bank this…………… day of …………….20……
The conditions of obligations are:-
(1) If the Bidder withdraws or amends, impairs or derogates from the Bid in any respect
within the period of validity of this tender.
(2) If the Bidder having been notified of the acceptance of his tender by the Buyer during
the period of its validity.
(a) If the Bidder fails to furnish the Performance Security for the due performance
of the contract.
(b) Fails or refuses to accept/execute the contract.
(3) If the bidder violates Pre-Contract Integrity Pact.
WE undertake to pay the Buyer up to the above amount upon receipt of its first written
demand, without the Buyer having to substantiate its demand, provided that in its demand the
Buyer will note that the amount claimed by it is due to it owing to the occurrence of above
mentioned conditions, specifying the occurred condition or conditions.
This guarantee will remain in force upto and including 45 days after the period of 18 months/
contract signing whichever is later and any demand in respect thereof should reach the Bank
not later than the above date.
…………………………….
(Signature of the authorized officer of the Bank)
Name and designation of the officer
Seal, name & address of the Bank and address of the Branch
85

Appendix L
(Refers to Para 6 of RFP)

CRITERIA FOR VENDOR SELECTION / PRE-QUALIFICATION


FOR - RFP ISSUE/ INCLUSION INRFP REQUIREMENTS
(Only For Multi Vendor Cases. Not applicable to DPSUs/PSUs).

1. The following parameters may be used, as a guideline for the Collegiate to adopt, for
inclusion in the RFP.

Sl
No Parameter For all Cases except Shipbuilding (Ch XII), Make (Ch III &IV) and
Strategic Partnerships (Ch VII)
1 Financial
a Credit Long term credit rating of CCR-BBB or better and SME-04 or better for
Rating SMEs as on 31st March of the previous financial year.

b Average Min Avg Annual Turnover for last 03 financial years, ending 31st
Annual Turn March of the previous financial year, should not be less than 30% of
Over estimated annual outflow of project cost of the Buy (Indian-IDDM) and
Buy (Indian) project and for Buy & Make (Indian) should not be less
than 30% of estimated annual outflow of the project cost of the make
portion.
c Net Worth Net worth of entities, ending 31st march of the previous financial year,
should not be less than 5% of the estimated cost of the Buy (Indian-
IDDM) and Buy (Indian) project and for Buy & Make (Indian) should
not be less than 5% of estimated cost of the Make portion. For orders
above Rs 5000 Cr, the Networth of group companies can be
considered on production of suitable documentary assurance.
d Insolvency The entity should not be under insolvency resolution as per IBC at any
stage of procurement process from the issuing of RFP to the signing of
contract.

2 Technical
a Nature of Manufacturing entity or System Integrator of defence equipment and
Business not a trading company, except in cases where OEM participates only
through its authorised Vendors.
b Experience Min 02 (Two) Years. experience in broad areas like manufacturing/
in related engineering/ electronics/ explosives etc. as applicable in the instant
field case. If not, then cumulative experience of at least 03 (Three) years in
above areas, resulting in gaining of competence for manufacturing the
proposed product.
3 Others
a Industrial Posses or be in the process of acquiring a license, if the product under
License (If project requires license as per DIPP licensing policy.
applicable)
b Registration Registered for Min 02 (Two) Years, 01 (One) years for MSMEs. Min no
of years not applicable for JVs constituted specifically for a project
86

Appendix M
(Refers to Para 55 of
RFP)

DOCUMENTS TO BE SUBMITTED BY THE BIDDER ALONG WITH THEIR


TECHNO-COMMERCIAL PROPOSALS

The list of documents which needs to be mandatorily submitted by the Bidders as part of
Technical Proposal are placed below. Non-submission of the documents may result in
disqualification of the Bidder from the bidding process.

Ser
Reference Document Description
No.
1 Para 5 (a) of RFP Declaration by Bidder : Debarment of Bidders
2 Para 17 of RFP Declaration by Bidder : Government Regulation
3 Para 19 of RFP Declaration by Bidder : Patent Rights
4 Para 21 of RFP Declaration by Bidder : Fall Clause
5 Para 28 of RFP Technical document covering performance parameters.
6 Appendix B Compliance Table
7 Appendix C Warranty Clause
8 Appendix D CERTIFICATE: Malicious Code
9 Annexure I to Appendix E Annual Maintenance Contract Clause
10 Annexure II to Appendix E Manufacturer’s Recommended List of Spares (MRLS)
11 Annexure III to Appendix E List of SMT/STEs, Jigs, Fixture and Infrastructure
12 Annexure IV to Appendix E Technical Literature
13 Annexure V to Appendix E Training Aggregates
14 Annexure VI to Appendix E ISPPL
15 Appendix G Guideline for framing Draft ATP
16 Appendix J Bid Evaluation and Acceptance Criteria
17 Annexure I to Appendix K Pre-Contract Integrity Pact & EMD
18 Appendix L Criteria for Vendor Selection/Pre-Qualification

19 Appendix M Check-Off list – Documents to be Submitted


87

Appendix N
GLOSSARY

AoN Acceptance of Necessity


ATP Acceptance Test Procedure
CNC Contract Negotiation Committee
DGQA Director General of Quality Assurance
DAP Defence Acquisition Procedure
ESP Engineering Support Package
GoI Government of India
IC Indigenous Content
IM Indigenously Manufactured
IP Integrity Pact
EMD Earnest Money Deposit
LRU Line Replaceable Unit
MoD Ministry of Defence
MRLS Manufacturer Recommended List of Spares
NCNC No Cost No Commitment
OEM Original Equipment Manufacturer
OTE Open Tender Enquiry
PCIP Pre Contract Integrity Pact
QA Quality Assurance
RFP Request for Proposal
SPB Services Procurement Board.
SHQ Service Headquarters
TEC Technical Evaluation Committee

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