WESTERN RAILWAY GOVERNMENT OF INDIA TENDER ...

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Tender No DRM/S&T(ADI)/ Tele/ 02 of 2012-13 Chapter – II – Special Condition of Contract (e) (f) (g) The Performance Guarantee (PG) shall be released for works portion after physical completion of the work as per schedule of material and works and completion of warranty period. However, Performance Guarantee for Annual Maintenance Contact period of 3 years an unconditional and unequivocal bases on ‘Completion Certificate’ issued by the competent authority stating that the contactor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final bill based on ‘No claim Certificate’ from the contractor. Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contactor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred form participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/partnership firm. The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement)in the event of: (i) Failure by the contractor to extend the validity the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the notice to this effect by Engineer. (iii)The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. 2.7 SECURITY DEPOSIT: In addition to the Performance Guarantee mentioned above, Security deposit at a flat rate of 5 % of the accepted value will be collected from the contractor as per latest GCC. Divisional Railway Manager (S & T) Ahmedabad-45 For & on behalf of the president of India Chapter- II Page 5 of 32
Tender No DRM/S&T(ADI)/ Tele/ 02 of 2012-13 Chapter – II – Special Condition of Contract The earnest money deposit of successful tender will be retained as a part of Security Deposit. The amount over and above the earnest money so retained to make up the full security deposit will be recovered from each running bills at the rate of 10 % of the bill amount till the full Security Deposit is recovered. The balance to make up the full Security Deposit will be recovered only from the running bills. Bank guarantee, fixed deposit, Government securities etc. will not be accepted for security deposit. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub Clause (1) of this clause will be payable with interest accrued thereon Total Security Deposit deducted will be 5 % of total value (total accepted cost of both Schedule-A and Schedule-B). The security deposit shall be released against: • Schedule – ‘A’+’B’ after satisfactory completion of part (2.2.1) of the work including maintenance service during warranty period followed by issue of ‘Final Acceptance Certificate’ of the work with an unconditional and unequivocal ‘No claim certificate’ is signed by the contractor and submitted to the Railway Engineer. • Schedule – ‘C’ after satisfactory completion of part (2.2.2) of the work i.e. Comprehensive Annual Maintenance Service for the contracted period followed by issue of No Dues Certificate with an unconditional and unequivocal ‘No claim certificate’ is signed by the contractor and submitted to the Railway Engineer. 2.8 Rescind of contract Whenever the contracts are rescinded, the security deposit should be forfeited and the performance guarantee shall be en-cashed and the balance work should be got done separately. The balance work shall be getting done independently without risk and cost of the original contractor. The original contractor shall be debarred from participating in the tender for executing the balance work. (1) Determination of contract owing to default of contractor (1) if the Contractor should :- (i) (ii) Becomes bankrupt or insolvent, or Make an arrangement with of assignment in favour of the creditors, or agree to carry out the contract under a Committee of Inspection of his creditors, or Divisional Railway Manager (S & T) Ahmedabad-45 For & on behalf of the president of India Chapter- II Page 6 of 32
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