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Annual Rate Contract for O&M Services for NCR GAS O&M ... - GAIL

Annual Rate Contract for O&M Services for NCR GAS O&M ... - GAIL

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31. Purchase Preference<br />

31.1 Purchase Preference to Central Government Public Sector Undertakings shall be allowed as<br />

per government guidelines in vogue.<br />

F. Award of <strong>Contract</strong><br />

32. Award<br />

32.1 Subject to Clause 25, <strong>GAIL</strong> will award the contract to the successful bidder whose bid has<br />

been determined to be substantially responsive and has been determined as the lowest, is<br />

determined to be qualified to satisfactorily per<strong>for</strong>m the contract.<br />

33. Employer’s Right to Accept Any Bid and to reject any or All Bids<br />

33.1 <strong>GAIL</strong> reserves the right to accept or reject any bid, and to annul the bidding process and<br />

reject all bids, at any time prior to award of contract, without thereby incurring any liability to<br />

the affected bidder or bidders or any obligations to in<strong>for</strong>m the affected bidder or bidders<br />

of the ground <strong>for</strong> <strong>GAIL</strong>’S ACTION.<br />

34. Notification of Award<br />

Prior to the expiration of period of bid validity <strong>GAIL</strong> will notify the successful bidder in writing<br />

by fax, cable or telex to be confirmed in writing, that his bid has been accepted. The<br />

notification of award / Fax of Intent will constitute the <strong>for</strong>mation of the <strong>Contract</strong>.<br />

Delivery shall be counted from the date of notification of award / Fax of Intent.<br />

The notification of award will constitute the <strong>for</strong>mation of a <strong>Contract</strong>, until the <strong>Contract</strong> has<br />

been affected pursuant to signing of <strong>Contract</strong> as per Clause 35 of ITB. Upon the successful<br />

bidder’s furnishing of contract per<strong>for</strong>mance security, pursuant to Clause 36 of ITB,<br />

<strong>GAIL</strong> will promptly notify each unsuccessful bidder and will discharge his bid security,<br />

pursuant to Clause 14 of ITB.<br />

35. Signing of Agreement<br />

<strong>GAIL</strong> will award the <strong>Contract</strong> to the successful bidder, who, within 15 days of receipt of the<br />

same, shall sign and return the acceptance copy to <strong>GAIL</strong>.<br />

The successful bidder shall be required to execute an AGREEMENT in the pro<strong>for</strong>ma given in<br />

of this standard bidding document on non-judicial paper of appropriate value (the cost<br />

of stamp paper shall be borne by the <strong>Contract</strong>or), within 15 days of the receipt by him<br />

of the Notification of Acceptance of Tender. In the event of failure on the part of the<br />

successful bidder to sign the AGREEMENT within the above stipulated period, the Bid<br />

Security shall be <strong>for</strong>feited and the acceptance of the tender shall be considered as<br />

cancelled.<br />

36. <strong>Contract</strong> Per<strong>for</strong>mance Security<br />

Within 15 days of the receipt of the notification of award / Fax of Intent from <strong>GAIL</strong>, the<br />

successful bidder shall furnish the contract per<strong>for</strong>mance security in accordance with Article 24<br />

of General Conditions of The <strong>Contract</strong> in the <strong>for</strong>m provided in the bidding documents. The<br />

<strong>Contract</strong> Per<strong>for</strong>mance Security shall be in the <strong>for</strong>m of either Banker’s Cheque or Demand<br />

Tender/Bid Document No: <strong>GAIL</strong>/<strong>NCR</strong>/C&P/6114<br />

ARC <strong>for</strong> O&M <strong>Services</strong><br />

27

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