Technology & Communications (DoIT&C) Government of Rajasthan (GoR)

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Bid Document for Selection of Enrolment Agencies for Bhilwara & Nagaur for RUID Project13) Delivery period & Extent of Quantity – 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 orderfrom the Purchase 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 inthe bidding document. If the bidder fails to do so, the Purchase Officer shall be fee toarrange for the balance supply by limited tender or otherwise and the extra cost incurredshall be recoverable from the bidder.14) Liquidated Damages (LD)a) The Purchaser may without prejudice to all its other remedies under the Contract shalldeduct from the Contract Price, a sum equivalent to Rs. 100 per ES per calendar daydelay until actual delivery of performance as liquidated damages, subject to a maximumof 10% of the total ordered value.b) Fraction of a day in reckoning period of delay in supplies shall be eliminated if it is lessthan half a day.c) If the supplier requires an extension of time in completion of contractual supply onaccount of occurrence of any hindrance, he shall apply in writing to the authority, whichhas placed the supply order, for the same immediately on occurrence of the hindrancebut not after the stipulated date of completion of supply.d) Delivery period may be extended with or without liquidated damages if the delay in thesupply of goods is on account of hindrances beyond the control of the bidder.15) 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 mentionedherein, his bid is liable to summary rejection. In any case none of such conditions will bedeemed to have been accepted unless specifically mentioned in the letter of acceptance ofbid issued by the Purchase Officer.16) Settlement of Disputes: If any dispute arise out of the contract with regard to theinterpretation, meaning and breach of the terms of the contract, the matter shall be referredto by the Parties to the Head of the Department who will appoint his senior most deputy asthe Sole Arbitrator of the dispute who will not be related to this contract and whose decisionshall be final.17) 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.Page 52 of 74
Bid Document for Selection of Enrolment Agencies for Bhilwara & Nagaur for RUID Project18) 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 ordamage, loss of use, loss of production, or loss of profits or interest costs, provided thatthis exclusion shall not apply to any obligation of the supplier/ selected bidder to payliquidated damages to the Purchaser; andb) the aggregate liability of the supplier/ selected bidder to the Purchaser, whether underthe Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract,provided that this limitation shall not apply to the cost of repairing or replacing defectiveequipment, or to any obligation of the supplier/ selected bidder to indemnify thePurchaser with respect to patent infringement.19) Change in Laws & Regulationsa) Unless otherwise specified in the Contract, if after the date of the Invitation for Bids, anylaw, regulation, ordinance, order or bylaw having the force of law is enacted,promulgated, abrogated, or changed in Rajasthan/ India, where the Site is located (whichshall be deemed to include any change in interpretation or application by the competentauthorities) that subsequently affects the Delivery Date and/ or the Contract Price, thensuch Delivery Date and/ or Contract Price shall be correspondingly increased ordecreased, to the extent that the Supplier has thereby been affected in the performanceof any of its obligations under the Contract. Notwithstanding the foregoing, suchadditional or reduced cost shall not be separately paid or credited, if the same hasalready been accounted for in the price adjustment provisions where applicable.b) If any dispute arise out of the contract with regard to the interpretation, meaning andbreach of the terms of the contract, the matter shall be referred to by the Parties to theHead of the Department who will appoint his senior most deputy as the Sole Arbitrator ofthe dispute who will not be related to this contract and whose decision shall be final.c) All legal proceedings, if necessary arise to institute may by any of the parties(Government of Contractor) shall have to be lodged in courts situated in Rajasthan andnot elsewhere.20) Force Majeurea) The supplier/ selected bidder shall not be liable for forfeiture of its PSD, LD, ortermination for default if and to the extent that its delay in performance or other failure toperform its obligations under the Contract is the result of an event of Force Majeure.Page 53 of 74
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Technology & Communications (DoIT&C) Government of Rajasthan (GoR)

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