The Bidding Documents - National Aerospace Laboratories

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2.23 Change Orders and Contract Amendments2.23.1 The Purchaser may at any time, by written order given to the Supplier pursuant to Clause onNotices of the GCC make changes within the general scope of the Contract in any one or moreof the following:(a)(b)(c)(d)(e)Drawings, designs, or specifications, where Goods to be furnished under the Contract are tobe specifically manufactured for the PurchaserThe method of shipping or packing;The place of delivery; and/orThe Services to be provided by the Supplier.The delivery schedule.2.23.2 If any such change causes an increase or decrease in the cost of, or the time required for, theSupplier's performance of any provisions under the Contract, an equitable adjustment shall bemade in the Contract Price or delivery schedule, or both, and the Contract shall accordingly beamended. Any claims by the Supplier for adjustment under this clause must be asserted withinfifteen (15) days from the date of the Supplier's receipt of the Purchaser's change order.2.23.3 No variation or modification in the terms of the contract shall be made except by writtenamendment signed by the parties.2.24 Assignment2.24.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the Contract,except with the Purchaser's prior written consent.2.25 Subcontracts2.25.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under thisContract if not already specified in the bid. Such notification, in the original bid or later, shall notrelieve the Supplier from any liability or duties or obligation under the Contract.2.26 Extension of time.2.26.1 Delivery of the Goods and performance of the Services shall be made by the Supplier inaccordance with the time schedule specified by the Purchaser.2.26.2 If at any time during performance of the Contract, the Supplier or its sub-contractor(s) shouldencounter conditions impeding timely delivery of the Goods and performance of Services, theSupplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely durationand its cause(s). As soon as practicable after receipt of the Supplier’s notice, the Purchasershall evaluate the situation and may, at its discretion, extend the Supplier’s time forperformance with or without penalty, in which case the extension shall be ratified by the partiesby amendment of the Contract.2.26.3 Except as provided under the Force Majeure clause of the GCC, a delay by the Supplier in theperformance of its delivery obligations shall render the Supplier liable to the imposition ofpenalty pursuant to Penalty Clause of the GCC unless an extension of time is agreed uponpursuant to above clause without the application of penalty clause.
2.27 Penalty clause2.27.1 Subject to GCC Clause on Force Majeure, if the Supplier fails to deliver any or all of the Goodsor to perform the Services within the period(s) specified in the Contract, the Purchaser shall,without prejudice to its other remedies under the Contract, deduct from the Contract Price, aspenalty, a sum equivalent to the percentage specified in SCC of the delivered price of thedelayed Goods or unperformed Services or contract value for each week or part thereof ofdelay until actual delivery or performance, up to a maximum deduction of the Percentagespecified in SCC. Once the maximum is reached, the Purchaser may consider termination ofthe Contract pursuant to GCC Clause on Termination for Default. The SCC shall also indicatethe basis for ascertaining the value on which the penalty shall be applicable.2.28 Termination for Default2.28.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by writtennotice of default sent to the Supplier, terminate the Contract in whole or part(a)(b)(c)If the Supplier fails to deliver any or all of the Goods within the period(s) specified in thecontract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause onExtension of Time; orIf the Supplier fails to perform any other obligation(s) under the Contract.If the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent orcollusive or coercive practices as defined in GCC Clause on Fraud or Corruption in competingfor or in executing the Contract.2.28.2 In the event the purchaser terminates the contract in whole or in part, he may take recourse toany one or more of the following action:(a)(b)(c)The Performance Security is to be forfeited;The purchaser may procure, upon such terms and in such manner as it deems appropriate,stores similar to those undelivered, and the supplier shall be liable for all available actionsagainst it in terms of the contract.However, the supplier shall continue to perform the contract to the extent not terminated.2.29 Force Majeure2.29.1 Notwithstanding the provisions of GCC Clauses relating to extension of time, penalty andTermination for Default the Supplier shall not be liable for forfeiture of its performance security,liquidated damages or termination for default, if and to the extent that, its delay in performanceor other failure to perform its obligations under the Contract is the result of an event of ForceMajeure.2.29.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control ofthe Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence orlack of care on the part of the Supplier. Such events may include, but not be limited to, acts of
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Page 3 and 4: INVITATION FOR BIDS / NIT01. Direct
Page 5 and 6: A. Introduction1.1. Eligible Bidder
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