tender for supply of t.r.m. to u.p. state road transport ... - Upsrtc.com

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29- Failure to Supply and Risk Purchase Clasue If the supplier fails to supply any stores in accordance with the terms and conditions herein provided and those agreed with the Undertakings, or fails to replace the stores as may be rejected by the Undertakings, within the time stipulated, the Undertakings shall at the risk and cost of supplier and without any notice or reference to him be entitled to purchase such stores (of the same specifications) for any other source and at such price as the undertaking shall in their sole discretion think fit and if such price shall exceed the rate set out in rate contract, the supplier shall be liable to pay to the Undertakings the difference between the price at which such stores have been purchased by athe Undertakins and at the price set out in the contract plus 10% overheads. The risk purchase and payment of difference with overheads in terms thereof shall not absolve the supplier form the liability to pay damage as may be suffered and claimed by the Undertakings due to the failure of the supplier to make timely and proper delivery of the contracted stores. 30- Force Majeure Clause (5) Provided however, if such failure referred to in clause (36) above shall have arised form an act of God or disorganization of public transport, thunder, flood, earthquake or any other inevitable or unforeseen circumstance beyond human control including any casue directly or indirectly interfering with the supply of raw material such as limitation of import licence or any other cause which the UPSRTC may admit as reasonable ground for non-supply in time as may be justified by the circumstances of the case, the UPSRTC may forego the claim for any such loss or damage. 31- Liquidated Damages If the contractor fails to deliver the stores or any installment thereof within the period fixed for such delivery or at any time repudiates the contract before the expiry of such period, the Undertaking may without prejudice to the other rights of the purchaser to recover damages for breach of the contract, recover from the contractor as agreed liquidate damages and not by way of penalty a sum equivalent to 2% of the price of any stores which the Supplier has failed to deliver within the period fixed for the delivery in the schedule for each month or part of a month during which the delivery of such store may be in arrears, where delivery thereof is accepted after expiry of the aforesaid period subject to the conditions that the damages to be calculated shall be limited to 10% of the value of delayed supplies. 32- Service of Notice Any Notice required to be given under any of the foregoing Clause shall be deemed to have been given and served if sent to the supplier by registered Post/Speed Post/Courier at the address given in the tender form or at any other address subsequently notified by the supplier. 33- If the higher rates are offered in comparison to previous tender, then the rate will applicable only after supplying the total back order quantity. 34- (a) If any tenderer offers a km guarantee which is more than the km guarantee specified by UPSRTC in this case 33,000 km then CPKM of the tenderer shall be calculated on the offered Km. Guarantee (b) Formula of CPKM Calculation Nett Bill Rate* (Material Cost Per Tyre) KM Guarantee *(Material Cost of Tread Rubber Belt+Bonding Gum + Cement) -35- The proprietor who has more than one Firm in different Names then the different Firm shall be treated as one and order will be place accordingly. 36- CORRUPT OR FRAUDULENT PRACTICES The Bidders and their respective officers, employees, agents and advisers shall observe the selected standard of ethics during the Tender process and subsequent to the issue of the Tender and during the subsistence of the Agreement. Not with standing anything to the contrary contained herein, or in the Tender or the Agreement, the Authority may reject a Bid, withdraw the Tender terminate the Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder or Contractor, as the case may be, if it determines that the Bidder or Contractor, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Tender Process. In such an event, the Authority shall be entitled to forfeit and appropriate the EMD or Bid Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority under this Tender Document and /or the Agreement, or otherwise. Contd…6 Downloaded from www.upsrtc.com
Without prejudice to the rights of the Authority under Clause hereinabove and the rights and remedies which the Authority may have under the Tender or the Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Tender Process, or after the issue of the Tender or the execution of the Agreement, such Bidder or Contractor shall not be eligible to participate in any tender during a period of 2 (two) years from the date such Bidder or Contractor, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. For the purposes of this clause, the following terms shall have the meaning hereinafter respectively assigned to them:- (i) (ii) (iii) (iv) (v) (vi) (6) “Corrupt practice” means (a) The offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Tender Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly, with the Tender Process or has dealt with matters concerning the Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Tender Process). Or Engaging in any manner whatsoever, whether during the Tender Process after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the Tender of Agreement, who at any time has been or is a legal, financial or technical adviser of the Authority in relation to any matter concerning the Project “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Tender Process. “Coercive Practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or properly to influence any person’s participation or action in the Tender Process. “Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Tender Process, or (ii) having a Conflict of Interest, and “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Tender Process. The Bidder shall submit an affidavit as per Annexure-F (a) (b) (c) (d) Downloaded from www.upsrtc.com Convicted of a cognizable offence by any Court of law with imprisonment for a term exceeding one year, or Imposed a penalty of rupees one crore or more for violation of the provisions of the Foreign Exchange Regulation Act, 1973 (46 of 1973) (since repealed) or the Foreign Exchange Management Act, 1999 (42 of 1999), or Detained under the National Security Act, 1980 (65 of 1980) or the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), or Adjudged guilty by the Stock Exchange Board of India or any other such Financial Regulatory Boards or Tribunals or Agencies, or Contd…7
Page 1 and 2: U.P. STATE ROAD TRANSPORT CORPORATI
Page 3 and 4: (2) General Terms & Condition for t
Page 5: (4) (a) The tenderer should enclose
Page 9 and 10: (8) BILL OF QUANTITY PARIVAHAN NIGA
Page 11 and 12: (10) TECHNICAL BID (Condition to be
Page 13 and 14: (12) OTHER INFORMATION ANNEXURE “
Page 15 and 16: (14) FINANCIAL BID (For ELGI PLANT

tender for supply of t.r.m. to u.p. state road transport ... - Upsrtc.com

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