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Nepal Telecom

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<strong>Nepal</strong> <strong>Telecom</strong><br />

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

Clause<br />

No.<br />

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

period as the Purchase may authorize in writing) after the receipt<br />

of the default notice from the Purchaser.<br />

(e) If it is proved that the Contractor has committed substantial<br />

defect in implementation of the contract or has not substantially<br />

fulfilled his obligations under the contract or the completed work<br />

is not of the specified quality as per the contract ,<br />

(f) If convicted by a court of law in a criminal offence which<br />

disqualifies the bidder from participating in the contract.<br />

(g) If it is proved that the contract agreement signed by the bidder<br />

was based on false or misrepresentation of bidder’s qualification<br />

information,<br />

(h) Other acts mentioned in the Bidding documents.<br />

20.1.1 After this, necessary action will be carried out to black list the<br />

Supplier and the notice of black listed shall be circulated to all<br />

departments of <strong>Nepal</strong> <strong>Telecom</strong>. The Supplier who has been black<br />

listed shall not be eligible to participate in any tender and sealed<br />

quotations of the <strong>Nepal</strong> <strong>Telecom</strong>.<br />

20.1.2 <strong>Nepal</strong> <strong>Telecom</strong> shall also forward the necessary paper to the Public<br />

Procurement Monitoring Office (PPMO) to black-list the Contractor.<br />

Without prejudice to any other rights of the Purchaser under this<br />

Contract, the PPMO may blacklist a Bidder for his conduct up to<br />

three years.<br />

20.2 Terminations for Convenience<br />

<strong>Nepal</strong> <strong>Telecom</strong> may terminate the Contract, in whole or in part, at<br />

any time for its convenience. The notice of termination shall specify<br />

that termination is for the <strong>Nepal</strong> <strong>Telecom</strong>’s convenience, the extent<br />

to which performance of work under the contract is terminated, and<br />

the date upon which such termination becomes effective.<br />

However, payment as per the contract payment terms shall be made<br />

to the Supplier for the performance of work under the contract<br />

already executed in accordance with the contract at the time of<br />

contract termination.<br />

21 Arbitration<br />

21.1 If any dispute arises between the contracting parties in connection<br />

with or arising out of contract or the execution of the contract,<br />

whether the execution of works after the completion of works and<br />

whether before or after the repudiation or termination of the contract<br />

including any disagreement by either party with any action, inaction<br />

certification, the matter shall be settled by arbitration under United<br />

Nation Commission on International and Trade Law (UNCITRAL)<br />

Arbitration Rules.<br />

21.2 Arbitration shall take place in Kathmandu, <strong>Nepal</strong> and shall be<br />

conducted in English Language.<br />

Bidder shall state as:<br />

Fully Compliant<br />

/Partially Compliant<br />

/Non Compliant<br />

________________________________________________________________________________________________________<br />

Tender No.: NDCL/MSD-04/066-67 for Supply and Delivery of Recharge Cards for GSM Pre-Paid Service<br />

Page 26 of 40

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