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GENERAL PRINCIPLES - Shivaji University

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5.40 Normally, the lowest tender shall be accepted after ascertaining the capacity of<br />

the contractor. In cases where it is decided to accept a tender other than the<br />

lowest or by negotiation, the matter shall be submitted for perusal, to the Building<br />

Committee with reasons.<br />

5.41 The amount of earnest money to be deposited with the tender is fixed at one<br />

percent of the estimated cost of the work. The amount shall be sufficiently large<br />

to be a security against loss in case of the contractor failing to furnish the required<br />

security or to enter into agreement within the appointed time, after acceptance of<br />

the tender, as the case may be.<br />

5.42 The demand drafts for earnest money received with the tenders shall be refunded<br />

to the party whose tender is not accepted. If the tender is accepted, the earnest<br />

money of accepted tenderer shall be taken to form part of the initial security<br />

deposit and transferred to the deposit register.<br />

5.43 For every work given out on contract, an agreement on a stamped paper shall be<br />

executed. As soon as an agreement is entered into with the contractor, it shall be<br />

entered in a register and given a number and date or year. Payments made to the<br />

contractors from time to time shall be noted in a Register of Works.<br />

5.44 Security shall in all cases be taken for the due fulfilment of a contract as 5 percent<br />

of tendered cost. This security may be :-<br />

(a)<br />

A deposit or cash or the amount or earnest money accompanying the tender,<br />

(b) A deduction of percentage fixed from the payments made on account of work<br />

done.<br />

(c) Government Securities.<br />

5.45 Security deposit may be refunded after a period of six months after the completion<br />

of the work,<br />

5.46 Time for commencement and completion of the work shall be mentioned in the<br />

agreement and power shall be reserved therein for cancellation of the contract<br />

and for getting the work done by any other agency at the cost of the Contractor<br />

in case of failure on his part to commence the work in time or to keep it in<br />

progress with due diligence. Provision shall also be made in the agreement for<br />

imposing penalty for breach of any conditions of the agreement.<br />

(i) Work shall be executed strictly in accordance with specifications given in the<br />

approved estimates. The terms of every agreement shall be strictly enforced<br />

and nothing shall be allowed to be done that would tend to nullify or vitiate<br />

any agreement.<br />

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