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Engineer in consideration of documents furnished by the sub-vendor and further assessment, if
required, may be done in the pre-award/post award stage.
For non-QR items of supply, if new Sub Vendor is proposed by the bidder, it will be obligatory
on the part of bidder to furnish the details / documents in support of their claim which would be
reviewed and appropriate decision taken. In the event of further assessment of credential of Sub
Vendor being felt necessary beyond the document furnished by the bidders, it shall be dealt with
during post award stage.
Normally no separate QR may be stipulated for sub-contracting of erection works. In cases,
where Sub-contractor for erection job is proposed by the bidder, the qualification of the proposed
Sub-Contractor may be examined keeping in view the qualification requirement applicable for the
quantum of job proposed to be sub-contracted and other relevant aspects related to the site
condition and overall responsibility of the contractor.
The Sub Vendor / vendors shall be approved by the Tender Accepting Authority/concerned CEs.
32. CHANGES IN CONSTITUTION OF BUSINESS :
In the event of change in constitution of business of the contractor after issuance of contract due
to merger/acquisition/any other reasons, the newly formed entity shall be equally held responsible
to fulfil the contractual obligation. This is notwithstanding anything contained in NIT or
subsequent LOI / LOA / GCC or any other document issued or provisions contained in any other
Rules / Acts / Legislation.
33. WAIVER :
Any waiver by the Owner of any breach of the terms and conditions of the Order shall not
constitute any subsequent breach of the waiver of any other right or conditions.
34. COMPLIANCE OF REGULATIONS :
The Vendor shall warrant that all Goods and/or services covered by this Purchase Order/ contract
shall have been produced, sold, dispatched, delivered, tested and commissioned in strict
compliance with all applicable laws, regulations including industries (Development &
Regulations) Act, 1951 & Industrial Dispute Act, 1947 and any amendments there under, labour
agreements, Safety rules and PF compliance, working conditions and technical codes and
requirement as applicable from time to time.
All laws, rules and regulations required to be followed in execution of the order / contract, must
be complied with. The Vendor should execute and deliver such documents as may be needed by
the Purchaser/ owner in evidence of compliance. Any liability arising out of contravention of any
of the laws on executing this order shall be the sole responsibility of the Vendor and the Owner
shall not be responsible in any manner whatsoever.
35. SUB-LETTING & ASSIGNMENT :
The Vendor shall not sub-let or assign any part of this Purchase Order/ contract to any other
vendor/agency without the prior written consent of the Purchaser / owner. Such assignments or
W& P Manual – 2012 Page 166