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BID Document for Guest House with Boundary Wall.pdf - Integrated ...

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33.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder. It will be kept<br />

ready <strong>for</strong> signature of the successful bidder in the office of employer <strong>with</strong>in 28 days following the notification of<br />

award along <strong>with</strong> the Letter of Acceptance. Within 21 days of receipt, the successful Bidder will sign the<br />

Agreement and deliver it to the Employer.<br />

33.4 Upon the furnishing by the successful Bidder of the Per<strong>for</strong>mance Security, the Employer will promptly notify the<br />

other Bidders that their Bids have been unsuccessful.<br />

34. Per<strong>for</strong>mance Security<br />

34.1 Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a<br />

Per<strong>for</strong>mance Security in any of the <strong>for</strong>ms given below <strong>for</strong> an amount equivalent to 5% of the Contract price plus<br />

additional security <strong>for</strong> unbalanced Bids in accordance <strong>with</strong> Clause 29.5 of ITB and Clause 52 of Conditions of<br />

Contract:<br />

- A bank guarantee issued by a nationalized / scheduled bank located in India or a reputable bank located<br />

abroad in the <strong>for</strong>m given in Section 8;<br />

- Certified cheque/Bank draft, in favour of Institute of Environmental Studies and Wetland Management....<br />

payable at Kolkata..<br />

34.2 If the per<strong>for</strong>mance security is provided by the successful Bidder in the <strong>for</strong>m of a Bank Guarantee, it shall be issued<br />

either (a) at the Bidder's option, by a Nationalized/Scheduled Indian bank or (b) by a <strong>for</strong>eign bank located in India<br />

and acceptable to the Employer or (c) by a <strong>for</strong>eign bank through a correspondent Bank in India [scheduled or<br />

nationalized].<br />

34.3 Failure of the successful bidder to comply <strong>with</strong> the requirements of sub-clause 34.1 shall constitute a breach of<br />

contract, cause <strong>for</strong> annulment of the award, <strong>for</strong>feiture of the bid security, and any such other remedy the Employer<br />

may take under the contract, and the Employer may resort to awarding the contract to the next ranked bidder.<br />

35 Advance Payment and Security<br />

35.1 The Employer will provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract,<br />

subject to maximum amount, as stated in the Contract Data.<br />

36. Adjudicator<br />

36.1 The Employer proposes that Sri Paritosh Mitra (retd. Chief Engineer) be appointed as Adjudicator under the<br />

Contract, at a daily fee of Rs. 3000/-plus reimbursable expenses. If the Bidder disagrees <strong>with</strong> this proposal, the<br />

Bidder should so state in the Bid. If in the Letter of Acceptance, the Employer has not agreed on the appointment<br />

of the Adjudicator, the Adjudicator shall be appointed by Institution of Engineers, India, at a daily fee of Rs.<br />

3000.00 per sitting plus reimbursable expenses, at the request of either party.<br />

37. Corrupt or Fraudulent Practices<br />

37.1 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), as well as bidders,<br />

suppliers, and contractors and their subcontractors under Bank-financed contracts, observe the highest standard of<br />

ethics during the procurement and execution of such contracts. 1 In pursuance of this policy, the Bank:<br />

(a)<br />

defines, <strong>for</strong> the purposes of this provision, the terms set <strong>for</strong>th below as follows:<br />

(i) “corrupt practice” 2 is the offering, giving, receiving or soliciting, directly or indirectly, of<br />

anything of value to influence improperly the actions of another party;<br />

1<br />

In this context, any action taken by a bidder, supplier, contractor, or a sub-contractor to influence the<br />

procurement process or contract execution <strong>for</strong> undue advantage is improper.<br />

2<br />

“another party” refers to a public official acting in relation to the procurement process or contract<br />

execution]. In this context, “public official” includes World Bank staff and employees of other organizations taking<br />

or reviewing procurement decisions.<br />

18

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