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

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RFP for Selection of SDA for Horticulture Departmentc) Wherever references are made in the Contract to codes and standards in accordance withwhich it shall be executed, the edition or the revised version of such codes and standards shallbe those specified in the bidding document. During Contract execution, any changes in anysuch codes and standards shall be applied only after approval by the Purchaser and shall betreated in accordance with the general conditions of the contract.16) Delivery period & Extent of Quantity of Resources – Repeat Ordersa) The time specified for delivery shall be deemed to be the essence of the contract and thesuccessful bidder shall arrange supplies within the period on receipt of the firm order from thePurchase Officer.b) The selected bidder shall arrange supplies within the stipulated time period.c) If the orders are placed in excess of the quantities, the bidder shall be bound to meet therequired supply. Repeat orders may also be placed on the rate and conditions given in thebidding document. If the bidder fails to do so, the Purchase Officer shall be fee to arrange forthe balance supply by limited tender or otherwise and the extra cost incurred shall berecoverable from the bidder.17) Paymentsa) Advance Payment will not be made.18) Liquidated Damages (LD)a) In case of extension in the delivery period with liquidated damages the recovery shall be madeon the basis of following percentages of value of Stores with the bidder has failed to supply:- delay up to one fourth period of the prescribed delivery period: 2.5% delay exceeding one fourth but not exceeding half of the prescribed period: 5.0% delay exceeding half but not exceeding three fourth of the prescribed period: 7.5% delay exceeding three fourth of the prescribed period: 10%b) Fraction of a day in reckoning period of delay in supplies shall be eliminated if it is less than halfa day.c) The maximum amount of liquidated damages shall be 10% of the contract value.d) If the supplier requires an extension of time in completion of contractual supply on account ofoccurrence of any hindrance, he shall apply in writing to the authority, which has placed thesupply order, for the same immediately on occurrence of the hindrance but not after thestipulated date of completion of supply.67
RFP for Selection of SDA for Horticulture Departmente) Delivery period may be extended with or without liquidated damages if the delay in the supplyof goods is on account of hindrances beyond the control of the bidder.19) Bidders must make their own arrangements to obtain import licence, if necessary. If a bidderimposes conditions which are in addition to or in conflict with the conditions mentioned herein,his bid is liable to summary rejection. In any case none of such conditions will be deemed to havebeen accepted unless specifically mentioned in the letter of acceptance of bid issued by thePurchase Officer.20) Settlement of Disputes:If any dispute arise out of the contract with regard to the interpretation, meaning and breach ofthe terms of the contract, the matter shall be referred to by the Parties to the Head of theDepartment who will appoint his senior most deputy as the Sole Arbitrator of the dispute whowill not be related to this contract and whose decision shall be final.21) All legal proceedings, if necessary arise to institute may by any of the parties (Government ofContractor) shall have to be lodged in courts situated in Rajasthan and not elsewhere.22) Limitation of LiabilityExcept in cases of gross negligence or wilful misconduct: -a) neither party shall be liable to the other party for any indirect or consequential loss or damage,loss of use, loss of production, or loss of profits or interest costs, provided that this exclusionshall not apply to any obligation of the supplier/ selected bidder to pay liquidated damages tothe Purchaser; andb) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether under theContract, in tort, or otherwise, shall not exceed the amount specified in the Contract, providedthat this limitation shall not apply to the cost of repairing or replacing defective equipment, orto any obligation of the supplier/ selected bidder to indemnify the Purchaser with respect topatent infringement.23) Change in Laws & Regulationsa) Unless otherwise specified in the Contract, if after the date of the Invitation for Bids, any law,regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,abrogated, or changed in Rajasthan/ India, where the Site is located (which shall be deemed toinclude any change in interpretation or application by the competent authorities) thatsubsequently affects the Delivery Date and/ or the Contract Price, then such Delivery Date and/or Contract Price shall be correspondingly increased or decreased, to the extent that theSupplier has thereby been affected in the performance of any of its obligations under the68
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