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municipal corporation of jalandhar (mcj) water supply division ...

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Municipal Corporation <strong>of</strong> Jalandhar (MCJ)<br />

G AWARD OF CONTRACT<br />

37. Award 37.1 Subject to Clause 39, the Employer will award the Contract to<br />

the bidder whose bid has found lowest as explain in clause 37.<br />

38. Employer’s Right to<br />

Accept any Bid and to<br />

Reject any or all Bids<br />

38.1 Notwithstanding Clause 38, the Employer reserves the right to<br />

accept or reject any bid, and to annul the bidding process and<br />

reject all bids, at any time prior to award <strong>of</strong> Contract, without<br />

thereby incurring any liability to the affected bidder or bidders<br />

or any obligation to inform the affected bidder or bidders <strong>of</strong> the<br />

grounds for the Employer’s action.<br />

39. Notification <strong>of</strong> Award 39.1 Prior to expiry <strong>of</strong> the period <strong>of</strong> bid validity prescribed by the<br />

Employer, the Employer will notify the successful bidder that<br />

its bid has been accepted. This letter (hereinafter and in the<br />

Conditions <strong>of</strong> Contract called the “Letter <strong>of</strong> Acceptance”) shall<br />

name the sum which the Employer will pay the Consultant in<br />

consideration <strong>of</strong> the Terms <strong>of</strong> Reference as prescribed by the<br />

Contract (hereinafter and in the Conditions <strong>of</strong> Contract called<br />

“the Contract Price”).<br />

39.2 The notification <strong>of</strong> award will constitute the formation <strong>of</strong> the<br />

Contract.<br />

40. Signing <strong>of</strong> Agreement 40.1 At the same time that the Employer notifies the successful<br />

bidder that its bid has been accepted, the Employer will send<br />

the bidder the Form <strong>of</strong> Agreement (Appendix: 4) provided in<br />

the bidding documents, incorporating all agreements between<br />

the parties.<br />

40.2 Within 7 days <strong>of</strong> receipt <strong>of</strong> the Form <strong>of</strong> Agreement, the<br />

successful bidder shall sign the Form and return it to the<br />

Employer.<br />

41. Performance Bank<br />

Guarantee (PBG)<br />

41.1 The successful bidder shall at his own expense deposit an<br />

unconditional and irrevocable Performance Bank Guarantee<br />

(PBG) from a scheduled bank in suitable format(Appendix:5),<br />

payable on demand, for the due performance and fulfilment <strong>of</strong><br />

the contract by the bidder, with the Commissioner, MCJ within<br />

fifteen (15) working days <strong>of</strong> the date <strong>of</strong> notice <strong>of</strong> award <strong>of</strong> the<br />

contract or prior to signing <strong>of</strong> the contract whichever is earlier,<br />

a. This Performance Bank Guarantee will be for an amount<br />

equivalent to 10% <strong>of</strong> contract value. All incidental charges<br />

whatsoever such as premium; commission etc. with respect to<br />

the performance bank guarantee shall be borne by the bidder.<br />

The Bank Guarantee shall be valid for a period <strong>of</strong> 18 months<br />

from the date <strong>of</strong> signing <strong>of</strong> contract. If the accepted Bidder<br />

fails to furnish the bank guarantee within the above said<br />

period, the EMD remitted by him will be forfeited by the<br />

Section 1: Instructions to Bidders - 22 -

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