(VERSION-IV) - DVC :: Consumer Login

a. The imposition and duration of the exclusion shall be determined by the severity of the
transgression.
b. The severity shall be determined by the circumstances of the case, in particular the number of
transgressions, the position of the transgressor within the company, hierarchy of the
bidder/contractor and the amount of the damage.
c. The exclusion will be imposed for a minimum of ...….. months and maximum of ……… years.
4. The Bidder/Contractor accepts and undertakes to respect and uphold DVC’s absolute right to
resort to and impose such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground including the absence of an opportunity of being heard
before the decision to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.
SECTION-IV
COMPENSATION FOR DAMAGES
1. If DVC disqualifies the Bidder/Contactor from the tendering process prior to award of contract
in accordance with section 3 mentioned above, DVC shall be entitled to demand and/or recover
from the Bidder/Contractor, liquidated damages equivalent to the amount or Earnest Money
Deposit/Bid Security.
2. If DVC terminates the contract, or becomes entitled to terminate the same in accordance with
section-III, then DVC shall be entitled to demand and recover from the Contractor liquidated
damages equivalent to the security deposit/performance Bank Guarantee, and if the amount of
damage exceeds the amount of Security Deposit and Performance Bank Guarantee, then DVC
shall be entitled to recover the balance amount of damage from the Bidder/Contractor either in
cash or from the amount payable and due from such Bidder/Contractor in other contracts being
executed by him with DVC.
SECTION-V
PREVIOUS TRANSGRESSION
W& P Manual – 2012 Page 261