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Procurement of amc(annual maintenance contract) for hvac ... - GAIL

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it will be liable <strong>for</strong> rejection.<br />

17 Award <strong>of</strong> Contract: 17.1 The Acceptance <strong>of</strong> Tender will be intimated to the successful Tenderer<br />

by <strong>GAIL</strong> either by Telex/ Telegram/ Fax or by Letter or like<br />

means-defined as LETTER OF ACCEPTANCE OF TENDER.<br />

18 Clarification <strong>of</strong> Tender<br />

Document:<br />

17.2 <strong>GAIL</strong> will be the sole judge in the matter <strong>of</strong> award <strong>of</strong> CONTRACT and<br />

the decision <strong>of</strong> <strong>GAIL</strong> shall be final and binding.<br />

18.1 The Tender is required to carefully examine the Technical<br />

Specifications, Conditions <strong>of</strong> Contract, Drawings and other details<br />

relating to WORK and given in Tender Document and fully in<strong>for</strong>m<br />

himself as to all conditions and matters which may in any way affect<br />

the WORK or the cost there<strong>of</strong>. In case the Tenderer is in doubt about<br />

the completeness or correctness <strong>of</strong> any <strong>of</strong> the contents <strong>of</strong> the Tender<br />

Documents he should request in writing <strong>for</strong> an<br />

interpretation/clarification to <strong>GAIL</strong> in triplicate. <strong>GAIL</strong> will then issue<br />

interpretation/clarification to Tenderer in writing. Such clarifications<br />

and or interpretations shall <strong>for</strong>m part <strong>of</strong> the Specifications and<br />

Documents and shall accompany the tender which shall be submitted<br />

by tenderer within time and date as specified in invitations to tender.<br />

18.2 Verbal clarification and in<strong>for</strong>mation given by <strong>GAIL</strong> or its employee(s) or<br />

its representatives shall not in any way be binding on <strong>GAIL</strong>.<br />

19 Local Conditions: 19.1 It will be imperative on each tenderer to in<strong>for</strong>m himself <strong>of</strong> all local<br />

conditions and factors which may have any effect on the execution <strong>of</strong><br />

WORK covered under the Tender Document. In their own interest, the<br />

tenderer are requested to familiarise themselves with the Indian<br />

Income Tax Act 1961, Indian Companies Act 1956, Indian Customs<br />

Act 1962 and other related Acts and Laws and Regulations <strong>of</strong> India<br />

with their latest amendments, as applicable <strong>GAIL</strong> shall not entertain<br />

any requests <strong>for</strong> clarifications from the tenderer regarding such local<br />

conditions.<br />

19.2 It must be understood and agreed that such factors have properly been<br />

investigated and considered while submitting the tender. No claim <strong>for</strong><br />

financial or any other adjustments to VALUE OF CONTRACT, on lack<br />

<strong>of</strong> clarity <strong>of</strong> such factors shall be entertained.<br />

20 Abnormal Rates: 20.1 The tenderer is expected to quote rate <strong>for</strong> each item after careful<br />

analysis <strong>of</strong> cost involved <strong>for</strong> the per<strong>for</strong>mance <strong>of</strong> the completed item<br />

considering all specifications and Conditions <strong>of</strong> Contract. This will<br />

avoid loss <strong>of</strong> pr<strong>of</strong>it or gain in case <strong>of</strong> curtailment or change <strong>of</strong><br />

specification <strong>for</strong> any item. In case it is noticed that the rates quoted by<br />

the tenderer <strong>for</strong> any item are unusually high or unusually low, it will be<br />

sufficient cause <strong>for</strong> the rejection <strong>of</strong> the tender unless the EMPLOYER<br />

is convinced about the reasonableness after scrutiny <strong>of</strong> the analysis <strong>for</strong><br />

such rate(s) to be furnished by the tenderer (on demand).<br />

21 Priority <strong>of</strong> Contract<br />

Documents<br />

Section-IV. General Obligations<br />

21.1 Except if and the extent otherwise provided by the Contract, the<br />

provisions <strong>of</strong> the General Conditions <strong>of</strong> Contract and Special<br />

Conditions shall prevail over those <strong>of</strong> any other documents<br />

<strong>for</strong>ming part <strong>of</strong> the CONTRACT. Several documents <strong>for</strong>ming the<br />

CONTRACT are to be taken as mutually explanatory <strong>of</strong> one<br />

another, but in case <strong>of</strong> ambiguities or discrepancies the same<br />

Page 68 <strong>of</strong> 158

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