NCSCM Building Bid Document - Sicom

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60. Payment upon Termination 60.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply . If the total amount due to the Employer exceeds any payment due to the Contractor the difference shall be a debt payable to the Employer. 60.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of Contract by the Employer, the Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting and securing the Works and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable law. 61. Property 61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the property of the Employer, if the Contract is terminated because of a Contractor’s default. 62. Release from Performance 62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor the Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which commitment was made. 63. Suspension of World Bank Loan or Credit 63.1 In the event that the World Bank suspends the Loan or Credit to the Employer, from which part of the payments to the Contractor are being made: (a) (b) The Employer is obligated to notify the Contractor of such suspension within 7 days of having received the World Bank’s suspension notice. If the Contractor has not received sums due to it upon the expiration of the 28 days for payment provided for in Sub-Clause 43.1, the Contractor may immediately issue a 14-day termination notice. 64. Fraud and Corruption 64.1 If the Employer determines that the Contractor has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, in competing for or in executing the Contract, then the Employer may, after giving 14 days notice to the Contractor, terminate the Contractor's employment under the Contract and expel him from the Site, and the provisions of Clause 59 shall apply as if such expulsion had been made under Sub-Clause 59.5 [Termination by Employer]. 64.2 Should any employee of the Contractor be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Works, then that employee shall be removed in accordance with Clause 9. 64.3 For the purposes of this Sub-Clause: 54 NCB.CW/W-2
(i) (ii) (iii) (iv) (v) “corrupt practice”7 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; “fraudulent practice”8 is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; “collusive practice”9 is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; “coercive practice”10 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; “obstructive practice” is (aa) (bb) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Sub-Clause 22.2. 7 “another party” refers to a public official acting in relation to the procurement process or contract execution]. In this context, “public official” includes World Bank staff and employees of other organizations taking or reviewing procurement decisions. 8 a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution. 9 “parties” refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non competitive levels. 10 a “party” refers to a participant in the procurement process or contract execution. 55 NCB.CW/W-2
Page 1 and 2:
GOVERNMENT OF INDIA MINISTRY OF ENV
Page 3 and 4: GOVERNMENT OF INDIA MINISTRY OF ENV
Page 5 and 6: SECTION 1: INSTRUCTIONS TO BIDDERS
Page 7 and 8: A. General 1. Scope of Bid 1.1 The
Page 9 and 10: completion as per milestones. Provi
Page 11 and 12: the bidder or his identified sub-co
Page 13 and 14: where A = N = B = Assessed Availabl
Page 15 and 16: C. Preparation of Bids 11. Language
Page 17 and 18: 17. Alternative Proposals by Bidder
Page 19 and 20: 24. Process to Be Confidential 24.1
Page 21 and 22: 33. Notification of Award and Signi
Page 23 and 24: 23 NCB.CW/W-2
Page 25 and 26: Contractor's Bid Description of the
Page 27 and 28: Qualification Information The infor
Page 29 and 30: 1.4 Information on Bid Capacity (wo
Page 31 and 32: 1.12 Statement of compliance under
Page 33 and 34: (Common Seal) ________________ This
Page 35 and 36: 2 To be used only if the Contractor
Page 37 and 38: Agreement Form Agreement This agree
Page 39 and 40: SECTION 3: CONDITIONS OF CONTRACT 3
Page 41 and 42: Conditions of Contract A. General 1
Page 43 and 44: (5) Conditions of Contract includin
Page 45 and 46: 16. Contractor to Construct the Wor
Page 47 and 48: without the Contractor taking steps
Page 49 and 50: 40.5 The Contractor shall not be en
Page 51 and 52: (b) (c) The price adjustment shall
Page 53: 58.2 If the Contractor does not sup
Page 57 and 58: to be provided, by the Principal Em
Page 59 and 60: (b) In the case of dispute with a F
Page 61 and 62: S. No. Activity Measures to be Impl
Page 63 and 64: SECTION 4: CONTRACT DATA 63 NCB.CW/
Page 65 and 66: Contract Data Items marked "N/A" do
Page 67 and 68: ) for Contractor’s Employees In a
Page 69 and 70: The standard form of Performance Se
Page 71 and 72: SECTION 6: DRAWINGS SEE VOLUME 4 71
Page 73 and 74: SECTION 7: BILL OF QUANTITIES SEE V
Page 75 and 76: SECTION 8: FORMS OF SECURITIES 75 N
Page 77 and 78: Annex A BID SECURITY (BANK GUARANTE
Page 79 and 80: PERFORMANCE BANK GUARANTEE (for unb
Page 81: The following document can be downl
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