Department of Information Technology & Communications (DoIT&C)

Limited Bidding Document
f) If any tax exemptions, reductions, allowances or privileges may be available to the successful/
selected 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.
4) Payments
a) Advance Payment will not be made.
b) 100 % payment will be made after completion of supplies and sucessfull installation of the goods.
c) Payment shall be made after submission of bills/invoices in triplicate in the name of Secretary &
Commissioner, DoIT & C, Jaipur alongwith copies of proof of supplies and installations.
5) Liquidated Damages (LD)
a) In case of extension in the delivery period with liquidated damages the recovery shall be made on 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 half a day.
c) The maximum amount of liquidated damages shall be 10% (4) If the supplier requires an extension of
time in completion of contractual supply on account of occurrence of any hindrance, he shall apply in
writing to the authority, which has placed the supply order, for the same immediately on occurrence of
the hindrance but not after the stipulated date of completion of supply.
d) Delivery period may be extended with or without liquidated damages if the delay in the supply of goods
is on account of hindrances beyond the control of the bidder.
6) If any dispute arise out of the contract with regard to the interpretation, meaning and breach of the terms of
the contract, the matter shall be referred to by the Parties to the Head of the Department who will appoint
his senior most deputy as the Sole Arbitrator of the dispute who will not be related to this contract and
whose decision shall be final.
7) 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 and not elsewhere.
8) Authenticity of Equipment: The selected bidder shall certify (as per Annexure-3) that the supplied goods
are brand new, genuine/ authentic, not refurbished, conform to the description and quality as specified in
this bidding document and are free from defects in material, workmanship and service.
9) Warranty: The bidder must supply all items with standard warranty after the goods, or any portion thereof
as the case may be, have been delivered to, installed and accepted at the final destination(s) indicated in
the bidding document. However, if delay of installation is more than a month’s time due to the reasons
ascribed to the bidder, the warranty shall start from the date of last successful installation of the items
covered under the PO.
10) Force Majeure
a) The supplier/ selected bidder shall not be liable for forfeiture of its PSD, LD, or termination for default if
and to the extent that its delay in performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure.
b) For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the
supplier/ selected bidder that is not foreseeable, is unavoidable, and its origin is not due to negligence
or lack of care on the part of the supplier/ selected bidder. Such events may include, but not be limited
to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes.
c) If a Force Majeure situation arises, the supplier/ selected bidder shall promptly notify the DoIT&C in
writing of such conditions and cause thereof within 15 days of occurrence of such event. Unless
otherwise directed by DoIT&C, the supplier/ selected bidder shall continue to perform its obligations
under the contract as far as reasonably practical.
d) If the performance in whole or part or any obligation under the contract is prevented or delayed by any
reason of Force Majeure for a period exceeding 60 days, either party at its option may terminate the
contract without any financial repercussion on either side.
e) In case a Force Majeure situation occurs with the DoIT&C, the DoIT&C may take the case with the
supplier/ selected bidder on similar lines.
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