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Municipal Corporation of Jalandhar (MCJ) G AWARD OF CONTRACT 37. Award 37.1 Subject to Clause 39, the Employer will award the Contract to the bidder whose bid has found lowest as explain in clause 37. 38. Employer’s Right to Accept any Bid and to Reject any or all Bids 38.1 Notwithstanding Clause 38, the Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer’s action. 39. Notification of Award 39.1 Prior to expiry of the period of bid validity prescribed by the Employer, the Employer will notify the successful bidder that its bid has been accepted. This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) shall name the sum which the Employer will pay the Consultant in consideration of the Terms of Reference as prescribed by the Contract (hereinafter and in the Conditions of Contract called “the Contract Price”). 39.2 The notification of award will constitute the formation of the Contract. 40. Signing of Agreement 40.1 At the same time that the Employer notifies the successful bidder that its bid has been accepted, the Employer will send the bidder the Form of Agreement (Appendix: 4) provided in the bidding documents, incorporating all agreements between the parties. 40.2 Within 7 days of receipt of the Form of Agreement, the successful bidder shall sign the Form and return it to the Employer. 41. Performance Bank Guarantee (PBG) 41.1 The successful bidder shall at his own expense deposit an unconditional and irrevocable Performance Bank Guarantee (PBG) from a scheduled bank in suitable format(Appendix:5), payable on demand, for the due performance and fulfilment of the contract by the bidder, with the Commissioner, MCJ within fifteen (15) working days of the date of notice of award of the contract or prior to signing of the contract whichever is earlier, a. This Performance Bank Guarantee will be for an amount equivalent to 10% of contract value. All incidental charges whatsoever such as premium; commission etc. with respect to the performance bank guarantee shall be borne by the bidder. The Bank Guarantee shall be valid for a period of 18 months from the date of signing of contract. If the accepted Bidder fails to furnish the bank guarantee within the above said period, the EMD remitted by him will be forfeited by the Section 1: Instructions to Bidders - 22 -
Municipal Corporation of Jalandhar (MCJ) MCJ and their tender will be held void. The PBG furnished by the Bidder in respect of their tender will be returned to him at the end of the contract period subject to submission of all reports to satisfaction of the concerned department and MCJ. b. If the Bidder failed to act up on to the tender conditions or backs out when their bid has been accepted, their PBG mentioned above will also be forfeited in favor of MCJ. 42.Execution of Work order 42.1 The successful Bidder should nominate and intimate to the MCJ, the name of their “Official” assigned for the project. The successful Bidder should ensure that the “Official” is fully familiarized with the terms and conditions of the Tender, Scope of Work and the guidelines. 43. Assigning of Tender whole or in part 43.1. The successful Bidder shall not assign or make over the contract, the benefit or burden thereof to any other person or persons or body corporate. They shall not underlet or sublet to any person(s) or body corporate for the execution of the contract or any part thereof. 44. Review Meetings. 44.1. Consultant/ successful Bidder shall organize weekly/fortnightly review meetings with the commissioner to review functionality issues and progress of work. The frequency of meetings will be intimated by the consultant in consideration of requirements in the interest of the project. Consultant would prepare the minutes of the review meetings mentioning the issues discussed, decisions taken on them and appropriate level at which these requires to be resolved. 45.Submission of Deliverables 46.Termination of Services 45.1. The submission of Deliverables should be made strictly in accordance with the Scope of Work in the Tender Document and should get necessary approval from MCJ. If the delivery is not affected as per tender, the MCJ shall have the right to cancel the order, forfeit PBG and take any such action which will be deemed fit in such circumstances. 46.1 The MCJ reserves the right to terminate the services of the consultant, if it finds their services/outputs unsatisfactory, at any stage during the contract period by giving a notice of fifteen (15) days. The consultant shall then be paid for the work completed, as per the fees quoted till that stage of the assignment as part of response to this tender document. Section 1: Instructions to Bidders - 23 -
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