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Mobile BTS Vehicle - Nepal Telecom

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NEPAL TELECOM<br />

<strong>Nepal</strong> Doorsanchar Company Limited<br />

Clause<br />

No.<br />

Section IV: Conditions of Contract (COC)<br />

Particulars of <strong>Nepal</strong> <strong>Telecom</strong>’s Requirements<br />

1 Definitions<br />

In this contract the following terms shall be interpreted as indicated:<br />

(a) “The Contract” means the agreement entered into between the <strong>Nepal</strong> <strong>Telecom</strong> and the<br />

Supplier, as recorded in the contract agreement form signed by the parties, including all<br />

amendments and appendices thereto and all documents incorporated by reference<br />

therein;<br />

(b) “The Contract Price” means the total contract price of all the goods and services<br />

included in the contract which will be payable to the supplier on the fulfillment of all<br />

obligations under the contract;<br />

(c) “The Contract Unit Price” means the price of individual item listed in the price<br />

schedule of the contract.<br />

(d) “The Goods” means all of the goods, which the Supplier is required to supply and<br />

deliver to the <strong>Nepal</strong> <strong>Telecom</strong> under the contract;<br />

(e) “<strong>Nepal</strong> <strong>Telecom</strong> (NT)” means the purchaser, <strong>Nepal</strong> Doorsanchar Company Limited<br />

(f) “MMD” means the Material Management Department of the <strong>Nepal</strong> <strong>Telecom</strong><br />

(g) “The Supplier” means the individual or firm supplying the goods under this contract;<br />

2 Country of Origin<br />

The bidder shall mention country of origin of all the goods offered in accordance with<br />

the Section VII: Price Schedule and Quantity thereof of the tender document and shall<br />

not be deviated from the offered country of origin in the offered bid.<br />

3 Standards<br />

The goods supplied under this contract shall conform to the standards mentioned in the<br />

technical specifications.<br />

4 Performance Security<br />

4.1 The successful bidder shall submit a bank guarantee equivalent to ten percent (10%) of<br />

the total contract amount (including inland transportation cost, if applicable) as<br />

Performance Security at the time of signing the Contract as per Sample Form No. – 4 of<br />

Section V of tender document, enclosed in the bid document. The currency of the bank<br />

guarantee shall be in currency of contract or equivalent amount in US$. The validity of<br />

the bank guarantee shall cover one month more than the warranty period as<br />

mentioned in the Clause No. – 6 "warranty" of Section IV: Conditions Of Contract of<br />

tender document.<br />

The Performance Security shall be issued or counter guaranteed by one of the<br />

banks as mentioned in clause No. – 4 of section II: Invitation for Bids of tender<br />

document.<br />

4.2 The proceeds of the Performance Security shall be payable to <strong>Nepal</strong> <strong>Telecom</strong> as<br />

compensation for any loss resulting from the Supplier's failure to complete its obligations<br />

under the Contract. <strong>Nepal</strong> <strong>Telecom</strong> can terminate the Contract if the Supplier fails to<br />

fulfil the obligations as per the Contract. Upon termination of the Contract, the<br />

Performance Security submitted under the Contract will be forfeited and the loss<br />

incurred by <strong>Nepal</strong> <strong>Telecom</strong> due to termination of the Contract shall be borne by the<br />

Supplier.<br />

4.3 The Performance Security will be discharged by the <strong>Nepal</strong> <strong>Telecom</strong> not later than thirty<br />

(30) days following the date of completion of the Supplier's performance obligations,<br />

including any warranty obligations, as stated in the Clause No. - 6 "Warranty" of<br />

Section IV: Conditions Of Contract of tender document under the Contract.<br />

4.4 If the bidder bidding on behalf of the principal company/ manufacturer (other than<br />

<strong>Nepal</strong>) shall furnish the performance bond/ guarantee/ security in the currency quoted in<br />

the bid price or in US$ from the principal company/ manufacturer.<br />

Bidder shall state as:<br />

Fully Compliant<br />

/Partially<br />

Compliant<br />

/Non Compliant<br />

Tender No. NDCL/26/066-67 for Supply and Delivery of <strong>Mobile</strong> <strong>BTS</strong> <strong>Vehicle</strong><br />

Page 20 of 91

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