Pre Bid response for supply of Laptops for ... - DOITC Rajasthan

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S. No RFP Page No. RFP Rule no. Rule details Query/Suggestion/clarification Response 12 38 29 29) Limitation of Liability: b) the aggregate liability of the Supplier to the Purchaser, whether under the 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 defective equipment, or to any obligation of the Supplier to indemnify the Purchaser with respect to patent infringement. We request the clause to be amended. Amended clause is as follows: 29) Limitation of Liability: b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort, or otherwise, shall be limited to the amount actually paid by the Purchaser to the Bidder in respect of the Hardware/ Network Equipment/ Services that are subject matter of a claim subject to a maximum of 10% of the contract value , provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Supplier to indemnify the Purchaser with respect to patent infringement. As per RFP 13 40 33 c) Termination for Convenience: i. RISL, by a written Notice of at least 30 days sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. We request the clause to be amended. Amended clause is as follows: c) Termination for Convenience: i. RISL, by Ninety days (90) written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. As per RFP 14 40 33 iii. The Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier's receipt of the Notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect: We request the clause to be amended. Amended clause is as follows: iii. The Goods that are complete and ready for shipment within sixty (60) days after the Supplier's receipt of the Notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect: As per RFP
S. No RFP Page No. RFP Rule no. Rule details Query/Suggestion/clarification Response 15 40 34) b Standing Committee for Settlement of Disputes We recommend the clause to be deleted as we prefer arbitration proceedings to be conducted as per Arbitration and Conciliation Act, 1996. Proposed clause is as follows: RISL and the selected Bidder shall make every effort to resolve amicably by direct negotiations any disagreement or dispute between them on any matter connected with the contract or in regard to the interpretation of the context thereof. If, after seven (7) days from the commencement of negotiations, RISL and the selected Bidder have not been able to resolve amicably a contract dispute, such differences and disputes shall be referred, at the option of either party, to the arbitration of one single arbitrator to be mutually agreed upon and in the event of no consensus, the arbitration shall be done by three arbitrators, one to be nominated by RISL, one to be nominated by the selected Bidder and the third arbitrator shall be nominated by the two arbitrators nominated as above. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act 1996. As per RFP 16 36 26 d) Liquidated damages: b) Liquidated damages: Delay up to one fourth period of the Delay up to one fourth period of the prescribed delivery period, successful prescribed delivery period, installation & completion of work: 2.5 % of the value of undelivered Goods/ successful installation & completion uninstalled work/ delayed services. of work: 2.5 % Delay exceeding one fourth but not exceeding half of the prescribed delivery period, successful installation & completion of work: 5.0 % Delay exceeding half but not exceeding three fourth of the prescribed delivery period, Delay exceeding one fourth but not exceeding half of the prescribed delivery period, successful installation & completion of work: 5.0 % of the value of undelivered Goods/ uninstalled work/ delayed services. Delay exceeding half but not exceeding three fourth of the prescribed delivery period, successful installation & completion of work: 7.5 % of the value of undelivered Goods/ uninstalled work/ delayed services. Delay exceeding three fourth of the prescribed delivery period, successful installation & completion of work: 10.0 % of the value of undelivered Goods/ uninstalled work/ delayed services. successful installation & completion Kindly amend the LD item wise for the items only not delivered in time. of work: 7.5 % Delay exceeding three fourth of the prescribed delivery period, successful installation & completion of work: 10.0 % As per amended RFP 17 18 10. e . V To adjust any dues against the firm from any other contract with RISL Kindly amend it to the "same contract only" and not from any other project as it goes against Contract Law of Government of India. As per RFP
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Pre Bid response for supply of Laptops for ... - DOITC Rajasthan

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