Government of Rajasthan (GoR)
Final RFP for Supply and Installation of IT ... - DOITC Rajasthan
Final RFP for Supply and Installation of IT ... - DOITC Rajasthan
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Final RFP - IT Hardware for e-Secretariat & other Projects<br />
35) Force Majeure<br />
a) The supplier/ selected bidder shall not be liable for forfeiture <strong>of</strong> its PSD, LD, or<br />
termination for default if and to the extent that its delay in performance or other failure to<br />
perform its obligations under the Contract is the result <strong>of</strong> an event <strong>of</strong> Force Majeure.<br />
b) For purposes <strong>of</strong> this Clause, “Force Majeure” means an event or situation beyond the<br />
control <strong>of</strong> the supplier/ selected bidder that is not foreseeable, is unavoidable, and its<br />
origin is not due to negligence or lack <strong>of</strong> care on the part <strong>of</strong> the supplier/ selected bidder.<br />
Such events may include, but not be limited to, acts <strong>of</strong> the Purchaser in its sovereign<br />
capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight<br />
embargoes.<br />
c) If a Force Majeure situation arises, the supplier/ selected bidder shall promptly notify the<br />
DoIT&C in writing <strong>of</strong> such conditions and cause there<strong>of</strong> within 15 days <strong>of</strong> occurrence <strong>of</strong><br />
such event. Unless otherwise directed by DoIT&C, the supplier/ selected bidder shall<br />
continue to perform its obligations under the contract as far as reasonably practical.<br />
d) If the performance in whole or part or any obligation under the contract is prevented or<br />
delayed by any reason <strong>of</strong> Force Majeure for a period exceeding 60 days, either party at<br />
its option may terminate the contract without any financial repercussion on either side.<br />
e) In case a Force Majeure situation occurs with the DoIT&C, the DoIT&C may take the<br />
case with the supplier/ selected bidder on similar lines.<br />
36) Change Orders and Contract Amendments<br />
a) The Purchaser may at any time order the supplier/ selected bidder through Notice in<br />
accordance with clause “Notices” above, to make changes within the general scope <strong>of</strong><br />
the Contract in any one or more <strong>of</strong> the following: -<br />
i. drawings, designs, or specifications, where Goods to be furnished under the Contract<br />
are to be specifically manufactured for the Purchaser;<br />
ii. the method <strong>of</strong> shipment or packing;<br />
iii. the place <strong>of</strong> delivery; and<br />
iv. the related services to be provided by the supplier/ selected bidder.<br />
b) If any such change causes an increase or decrease in the cost <strong>of</strong>, or the time required for,<br />
the supplier’s/ selected bidder’s performance <strong>of</strong> any provisions under the Contract, an<br />
equitable adjustment shall be made in the Contract Price or in the Delivery and Completion<br />
Schedule, or both, and the Contract shall accordingly should be amended. Any claims by<br />
the supplier/ selected bidder for adjustment under this clause must be asserted within thirty<br />
(30) days from the date <strong>of</strong> the supplier’s/ selected bidder’s receipt <strong>of</strong> the Purchaser’s<br />
change order.<br />
c) Prices to be charged by the supplier/ selected bidder for any related services that might be<br />
needed but which were not included in the Contract shall be agreed upon in advance by<br />
Page 53 <strong>of</strong> 90