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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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Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the<br />

<strong>Contract</strong>.<br />

The contract per<strong>for</strong>mance security shall be <strong>for</strong> an amount equal to 10% of the value of the<br />

contract towards faithful per<strong>for</strong>mance of the contractual obligations and per<strong>for</strong>mance of<br />

equipment. This Bank Guarantee/DD/Letter of Credit shall be from any Indian scheduled bank<br />

or a branch of an International bank situated in India and registered with Reserve bank<br />

of India as scheduled <strong>for</strong>eign bank. However, in case of bank guarantees from banks<br />

other than the Nationalized Indian banks, the bank must be a commercial bank having net<br />

worth in excess of Rs 100 crores and a declaration to this effect should be made by such<br />

commercial bank either in the Bank Guarantee itself or separately on its letterhead. This<br />

bank guarantee shall be valid <strong>for</strong> a period as stated in Article-24 of General Conditions<br />

of The <strong>Contract</strong>.<br />

Failure of the successful bidder to comply with the requirements of this article shall constitute<br />

sufficient grounds <strong>for</strong> the annulment of the award and <strong>for</strong>feiture of the bid security, in which<br />

event <strong>GAIL</strong> may award the order to the next lowest evaluated bidder or call <strong>for</strong> new bids.<br />

37. Corrupt or Fraudulent Practices<br />

37.1 <strong>GAIL</strong> requires that bidders/contractors observe the highest standard of ethics during the<br />

execution of contracts. In pursuance of this policy, the Employer :<br />

a) defines, <strong>for</strong> the purposes of this provision, the terms set <strong>for</strong>th below as follows :<br />

“corrupt practice” means the offering, giving or soliciting of anything of value to influence the<br />

action of a public official in the procurement process or in contract execution; and<br />

“fraudulent practice” means a misrepresentation of facts in order to influence a procurement<br />

process or the execution of a contract to the detriment of the Employer, and includes<br />

collusive practice among bidders (prior to or after bid submission) designed to<br />

establish bid prices at artificial non-competitive levels and to deprive the Employer of the<br />

benefits of free and open competition;<br />

b) will reject a proposal <strong>for</strong> award if it determines that the bidder recommended <strong>for</strong><br />

award has engaged in corrupt or fraudulent practices in competing <strong>for</strong> the contract in<br />

question;<br />

c) will declare a firm ineligible and put on holiday, either indefinitely or a <strong>for</strong> a stated<br />

period of time if it at any time determines that the firm has engaged in corrupt or<br />

fraudulent practices in competing <strong>for</strong>, or in executing a contract.<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 />

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