Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(d)
(e)
if any amount payable by the Contractor to the Employer in a particular
currency exceeds the sum payable by the Employer to the Contractor in that
currency, the Employer may recover the balance of this amount from the
sums otherwise payable to the Contractor in other currencies; and
if no rates of exchange are stated in the Schedule of Details, they shall be
those prevailing on the Date of the Contract and determined by the central
bank of the Country.
14.16 Set Off
Set Off
The Employer may retain or set off any amounts which are or may be payable by the
Contractor to the Employer against amounts that may become or are payable to the
Contractor (including security) under the Contract.
14.17 Audit and Investigations
Audit and Investigations
(a)
(b)
Each payment made by the Employer to the Contractor may be subject to a
post-payment audit by auditors, whether internal or external, of the Employer
or by other authorised and qualified agents of the Employer at any time
during the term of the Contract and for a period of two (2) years following the
expiration or prior termination of the Contract. The Employer shall be entitled
to a refund from the Contractor for any amounts shown by such audits to
have been paid by the Employer other than in accordance with the terms and
conditions of the Contract.
The Contractor acknowledges and agrees that, from time to time, the
Employer may conduct investigations relating to any aspect of the
Contract or the award thereof, the obligations performed under the
Contract, and the operations of the Contractor generally relating to
performance of the Contract. The right of the Employer to conduct an
investigation and the Contractor’s obligation to comply with such an
investigation shall not lapse upon issuance of the Final Completion
Certificate or prior termination of the Contract. The Contractor shall
provide its full and timely cooperation with any such inspections, postpayment
audits or investigations. Such cooperation shall include, but
shall not be limited to, the Contractor’s obligation to make available the
Contractor’s Personnel and any relevant documentation for such
purposes at reasonable times and on reasonable conditions and to
grant to the Employer access to the Contractor’s premises at
reasonable times and on reasonable conditions in connection with
such access to the Contractor’s Personnel and relevant
documentation. The Contractor shall require its agents, including, but
not limited to, the Contractor’s attorneys, accountants or other
advisers, to reasonably cooperate with any inspections, post-payment
audits or investigations carried out by the Employer.
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