Nepal Telecom IBM Compatible Computers and Spares October, 2009

NEPAL TELECOM
Nepal Doorsanchar Company Limited
Clause
No.
1
Section IV : Conditions of Contract (COC)
Particulars of Nepal Telecom’s Requirements
Definitions
In this contract the following terms shall be interpreted as indicated:
Bidder shall state as :
Fully Compliant/ Partially
Compliant /Non
Compliant
(a) "The contract" means the agreement entered into between the Nepal
Telecom and the Supplier, as recorded in the contract agreement form signed
by the parties, including all amendments and appendices thereto and all
documents incorporated by reference therein;
(b)"The Total Contract Price" means the total price of all the goods and
services included in the contract which will be payable to the supplier on the
fulfilment of all obligations under the contract;
(c) "The Contract Price" means the price of individual item listed in the price
schedule of the contract.
(d) "The Goods" means all of the goods (Hardware & Software), which the
supplier is required to supply and deliver to the Nepal Telecom under the
contract;
(e) "Nepal Telecom (NT)" means the purchaser, Nepal Doorsanchar Company
Limited
(f) "MMD" means the Material Management Department of the Nepal Telecom
(g) "The Supplier" means the individual or firm supplying the goods under this
contract;
2 Country of Origin
The bidder shall mention country of origin of all the goods offered in accordance
with the section VII: Price Schedule and Quantity thereof and shall not be
deviated from the offered country of origin in the offered bid.
3 Standards
The goods supplied under this contract shall conform to the standards
mentioned in the technical specifications.
4 Performance Security
4.1 The successful bidder shall submit a bank guarantee equivalent to ten percent
(10%) of the total contract amount (including inland transportation cost, if
applicable) as performance security at the time of signing the contract as per
Sample Form No. – 4 of section V, enclosed in the bid document. The
currency of the bank guarantee shall be in currency of contract or equivalent
amount in US$. The validity of the bank guarantee shall cover one month more
than the warranty period as mentioned in the clause No. - 6 "warranty" of
section IV: conditions of contract.
The performance security shall be issued or counter guaranteed by one of
the banks as mentioned in clause No. - 4 of section II: Invitation for Bids.
4.2 The proceeds of the performance security shall be payable to the Nepal
Telecom as compensation for any loss resulting from the supplier's failure to
complete its obligations under the contract.
4.3 The Nepal Telecom can terminate the contract if the supplier fails to fulfill the
obligations as per the contract. Upon termination of the contract, the
performance security submitted under the contract will be forfeited and the
loss incurred by the Nepal Telecom due to termination of the contract shall be
borne by the supplier. After this, the supplier shall be black listed and the
notice of black listed shall be circulated to all departments of the Nepal
Telecom. The supplier who has been black listed shall not be eligible to
participate in any tender and sealed quotations of the Nepal Telecom for the
minimum period of three (3) years.
4.4 The performance security will be discharged by the Nepal Telecom not later
than thirty (30) days following the date of completion of the supplier's
performance obligations, including any warranty obligations, as stated in the
clause No. - 6 "warranty" of section IV: conditions of contract under the
Tender No: NDCL/10/066-67 for Supply and Delivery of IBM Compatible Computers and Spares
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