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

eaches or other wrongs arising out of the contract. Accordingly, Bidder/Contractor hereby
expressly waives, releases and foregoes any and all actions or claims, including cross claims,
impleader claims or counter claims against the Government of India arising out of this
contract and covenants not to sue to Government of India as to any manner, claim, cause of
action or thing whatsoever arising of or under this agreement.
5. Transfer of Tender Documents:
5.1 Transfer of Tender Documents purchased by one intending tenderer to another is not
permissible.
6. Earnest Money:
6.1 The bidder must pay Earnest Money as given in the letter /notice inviting tenders and attach
the official receipt with the tender failing which the tender is liable to be rejected and
representatives of such tenderers will not be allowed to attend the tender opening. Earnest
Money can be paid in Demand Drafts or Bank Guarantee or Banker’s Cheque or Letter of
Credit from any Indian scheduled bank or a branch of an International bank situated in India
and registered with Reserve Bank of India as scheduled foreign bank. However, other than
the Nationalised Indian Banks, the banks whose BGs are furnished, must be commercial
banks having net worth in excess of Rs. 100 crores and a declaration to this effect should be
made by such commercial bank either in the bank guarantee itself or separately on a letter
head. The bid guarantee shall be submitted in the prescribed format . Note: The Bank
Guarantee so furnished by the tenderer shall be in the proforma prescribed by the
EMPLOYER. No interest shall be paid by the EMPLOYER on the Earnest Money deposited by
the tenderer. The Bank Guarantee furnished in lieu of Earnest Money shall be kept valid for a
period of "SIX MONTHS" from the date of opening of tender.(TWO MONTHS beyond the bid
validity). The Earnest Money deposited by successful tenderer shall be forfeited if the
Contractor fails to furnish the requisite Contract Performance Security as per clause 24 hereof
and /or fails to start work within a period of 15 days or fails to execute the AGREEMENT
within 15 days of the receipt by him of the Notification of Acceptance of Tender.
Note: The Earnest Money of the unsuccessful bidder will be returned by EMPLOYER
/CONSULTANT, directly to the tenderer (s), within a reasonable period of time but not later
than 30 days after the expiration of the period of bid validity prescribed by EMPLOYER.
7 Validity:
7.1 Tender submitted by tenderers shall remain valid for acceptance for a period of "4 MONTHS"
from the date of opening of the tender. The tenderers shall not be entitled during the said
period of 4 months, without the consent in writing of the EMPLOYER, to revoke or cancel his
tender or to vary the tender given or any term thereof. In case of tender revoking or
canceling his tender or varying any term in regard thereof without the consent of EMPLOYER
in writing, the EMPLOYER shall forfeit Earnest Money paid by him alongwith tender.
8 Addenda/Corrigenda
8.1 Addenda/ Corrigenda to the Tender Documents will be issued in duplicate prior to the date of
opening of the tenders to clarify documents or to reflect modification in design or CONTRACT
terms. 8.2 Each addenda/ corrigendum issued will be issued in duplicate to each person or
organisation to whom set of Tender Documents has been issued. Recipient will retain
tenderer's copy of each Addendum/Corrigendum and attach original copy duly signed along
with his offer. All Addenda/Corrigenda issued shall become part of Tender Documents.
Tender/Bid Document No: GAIL/NCR/C&P/6114
ARC for O&M Services
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