RFP after pre bid meeting for selection of SDA - Directorate of ...

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RFP for Selection of SDA for Horticulture Department12) Taxes & Dutiesa) The TDS, if applicable, shall be deducted at source from the due payments to the Supplier/Selected Bidder as per the law in force at the time of execution of contract.b) For goods supplied from outside India, the successful/ selected bidder shall be entirelyresponsible for all taxes, stamp duties, license fees, and other such levies imposed outside thecountry.c) For goods supplied from within India, the successful/ selected bidder shall be entirelyresponsible for all taxes, duties, license fees, etc., incurred until delivery of the contractedGoods to the Purchaser.d) Revision of taxes, if any, during the entire project period shall be governed as per the Clause:“Change in Laws & Regulations” of this chapter.e) If any tax exemptions, reductions, allowances or privileges may be available to the successful/13) Copyrightselected bidder in India, the Purchaser shall use its best efforts to enable the successful/selected bidder to benefit from any such tax savings to the maximum allowable extent.The copyright in all drawings, design documents and other materials containing data andinformation furnished to the Purchaser by the Supplier/ Selected Bidder herein shall remainvested in the Supplier/ Selected Bidder, or, if they are furnished to the Purchaser directly orthrough the Supplier/ Selected Bidder by any third party, including suppliers of materials, thecopyright in such materials shall remain vested in such third party.14) Confidential Informationa) The Purchaser and the Supplier/ Selected Bidder shall keep confidential and shall not, withoutthe written consent of the other party hereto, divulge to any third party any drawings,documents, data, or other information furnished directly or indirectly by the other party heretoin connection with the Contract, whether such information has been furnished prior to, duringor following completion or termination of the Contract.b) The Supplier/ Selected Bidder may furnish to its Subcontractor, if permitted, such documents,data, and other information it receives from the Purchaser to the extent required for theSubcontractor to perform its work under the Contract, in which event the Supplier/ SelectedBidder shall obtain from such Subcontractor an undertaking of confidentiality similar to thatimposed on the Supplier/ Selected Bidder.c) The Purchaser shall not use such documents, data, and other information received from theSupplier/ Selected Bidder for any purposes unrelated to the Contract. Similarly, the Supplier/65
RFP for Selection of SDA for Horticulture DepartmentSelected Bidder shall not use such documents, data, and other information received from thePurchaser for any purpose other than the design, procurement, or other work and servicesrequired for the performance of the Contract.d) The obligation of a party under sub-clauses above, however, shall not apply to informationthat: -i. the Purchaser or Supplier/ Selected Bidder need to share with other institutionsparticipating in the Contract;ii. now or hereafter enters the public domain through no fault of that party;iii. can be proven to have been possessed by that party at the time of disclosure and whichwas not previously obtained, directly or indirectly, from the other party; oriv. otherwise lawfully becomes available to that party from a third party that has noobligation of confidentiality.e) The above provisions shall not in any way modify any undertaking of confidentiality given byeither of the parties hereto prior to the date of the Contract in respect of the supply or any partthereof.f) The provisions of this clause shall survive completion or termination, for whatever reason, ofthe Contract.15) Specifications and Standardsa) All articles supplied shall strictly conform to the specifications, trademark laid down in thebidding document and wherever articles have been required according to ISI/ ISO/ otherapplicable specifications/ certifications/ standards. The supply shall be of best quality anddescription. The decision of the competent authority/ purchase committee whether the articlessupplied conform to the specifications shall be final and binding on the supplier/ selectedbidder.b) Technical Specifications and Drawingsi. The Supplier/ Selected Bidder shall ensure that the services comply with the technicalspecifications and other provisions of the Contract.ii. The Supplier/ Selected Bidder shall be entitled to disclaim responsibility for any design,data, drawing, specification or other document, or any modification thereof provided ordesigned by or on behalf of the Purchaser, by giving a notice of such disclaimer to thePurchaser.iii. The services supplied under this Contract shall conform to the standards mentioned inbidding document.66
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