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The Public Procurement Rules 2008 - LGED

The Public Procurement Rules 2008 - LGED

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lump sum contracts and, utilisation of person-months in the case of Time-based<br />

Contracts;<br />

(c) monitoring the Consultant’s reports and the availability of the key personnel<br />

specified in the Appendices for all types of consultancy related Contracts;<br />

(d) providing timely comments and feedback to the Consultants reports in line with<br />

the provisions of the Contract ;<br />

(e) adhering to the work plan and allocation of time for assigned activity ;<br />

(f) providing timely assistance to the Consultant as per provision of the Contract;<br />

(g) paying monthly payments or payments against deliverables;<br />

(h) determining appropriateness of any changes to the scope of work;<br />

(i) monitoring delays, additional tasks and the need for extensions of Contract;<br />

(j) issues relating to indemnification; and<br />

(k) General Conditions of Contract(GCC), Particular Conditions of Contract(PCC)<br />

and other terms as specified in the Request for Proposals(RFP).<br />

42. Termination of Contracts and Settlement of Disputes. |— (1) <strong>The</strong> Procuring<br />

Entity or the Contractor and the Consultant may terminate the Contract, in accordance with the<br />

General Conditions of Contract, if the other party causes a fundamental breach of the Contract.<br />

(2) <strong>The</strong> Procuring Entity shall refer to grounds on which, in accordance with the<br />

provisions of GCC, a Contract is terminated, and such grounds may include, in particular -<br />

(a) termination by the Procuring Entity on the grounds of default of the Supplier,<br />

Contractor or Consultant in the performance of the Contract;<br />

(b) termination by the Procuring Entity in the public interest;<br />

(c) termination pursuant to the force majeure; and<br />

(d) termination for the convenience of the Procuring Entity.<br />

(3) In the event that a Contract is terminated, the subsequent actions for concluding the<br />

contracts physically and financially shall be laid down in clear terms in the conditions of the<br />

Contract.<br />

(4) Any disputes or claims arising out of the implementation of the Contract shall be dealt<br />

with chronologically for settlement by amicable solutions, adjudications and arbitration in<br />

accordance with such provisions laid down in the Contract.<br />

(5) <strong>The</strong> CPTU by special order in general or as appropriate shall, outline the framework of and<br />

procedure for, amicable settlement and arbitration under Sub-Rule 4.<br />

PART- 7<br />

MAINTAINING RECORDS OF PROCUREMENT<br />

43. Maintaining Records of <strong>Procurement</strong> |— (1) <strong>The</strong> Procuring Entities shall maintain<br />

records and Documents regarding their public <strong>Procurement</strong> activities for a minimum period as<br />

defined in Schedule II for assisting the CPTU in carrying out its <strong>Procurement</strong> monitoring<br />

responsibilities under section 67 of the Act, meaningful <strong>Procurement</strong> Post Reviews and, Audits to<br />

take place,.<br />

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