REQUEST FOR QUOTATION - GAIL (India)

REQUEST FOR QUOTATION - GAIL (India) REQUEST FOR QUOTATION - GAIL (India)

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General Conditions of Contractdue to such information or lack of same. The correctness of thedetails, given in the Tender Document to help the CONTRACTORto make up the tender is not guaranteed.The CONTRACTOR shall be deemed to have examined theCONTRACT DOCUMENTS, to have generally obtained his owninformation in all matters whatsoever that might affect the carryingout of the works at the schedules rates and to have satisfiedhimself to the sufficiency of his tender. Any error in description ofquantity or omission therefrom shall not vitiate the CONTRACT orrelease the CONTRACTOR from executing the work comprised inthe CONTRACT according to DRAWINGS andSPECIFICATIONS at the scheduled rates. He is deemed to haveknown the scope, nature and magnitude of the WORKS and therequirements of materials and labour involved etc., and as to whatall works he has to complete in accordance with the CONTRACTdocuments whatever be the defects, omissions or errors that maybe found in the DOCUMENTS. The CONTRACTOR shall bedeemed to have visited surroundings, to have satisfied himself tothe nature of all existing structures, if any, and also as to thenature and the conditions of the Railways, Roads, Bridges andCulverts, means of transport and communication, whether byland, water or air, and as to possible interruptions thereto and theaccess and egress from the site, to have made enquiries,examined and satisfied himself as to the sites for obtaining sand,stones, bricks and other materials, the sites for disposal of surplusmaterials, the available accommodation as to whatever required,depots and such other buildings as may be necessary forexecuting and completing the works, to have made localindependent enquiries as to the sub-soil, subsoil water andvariations thereof, storms, prevailing winds, climatic conditionsand all other similar matters effecting these works. He is deemedto have acquainted himself as to his liability of payment ofGovernment Taxes, Customs duty and other charges, levies etc.Any neglect or omission or failure on the part of theCONTRACTOR in obtaining necessary and reliable informationupon the foregoing or any other matters affecting the CONTRACTshall not relieve him from any risks or liabilities or the entireresponsibility from completion of the works at the scheduled ratesand times in strict accordance with the CONTRACT.It is, therefore, expected that should the CONTRACTOR have anydoubt as to the meaning of any portion of the CONTRACTDOCUMENT he shall set forth the particulars thereof in writing toEMPLOYER in duplicate, before submission of tender. TheEMPLOYER may provide such clarification as may be necessaryin writing to CONTRACT, such clarifications as provided byEMPLOYER shall form part of CONTRACT DOCUMENTS.No verbal agreement or inference from conversation with anyeffect or employee of the EMPLOYER either before, during orafter the execution of the CONTRACT agreement shall in any wayaffect or modify and of the terms or obligations herein contained.Any change in layout due to site conditions or technologicalrequirement shall be binding on the CONTRACTOR and no extraclaim on this account shall be entertained.16

General Conditions of Contract24 Contract PerformanceSecurity:24.1 The CONTRACTOR shall furnish to the EMPLOYER, within 15days from the date of notification of award, a security in the sumof 10% of the accepted value of the tender or the actual value ofwork to be done whichever is applicable due to any additionalwork or any other reasons, in the form of a Bank draft/Banker’scheque or Bank Guarantee or irrevocable Letter of credit (as perproforma enclosed) as Contract Performance Security with theEMPLOYER which will be refunded after the expiry of DEFECTSLIABILITY PERIOD.24.2 CONTRACTOR can furnish the Contract Performance Security inthe form of Demand Draft or through a Bank Guarantee orthrough an irrevocable Letter of Credit from any Indian scheduledbank or a branch of an International bank situated in India andregistered with Reserve Bank of India as scheduled foreignbank. However, other than the Nationalised Indian Banks, thebanks whose BGs are furnished, must be commercial bankshaving net worth in excess of Rs. 100 crores and a declarationto this effect should be made by such commercial bank either inthe bank guarantee itself or separately on a letter head.The bank guarantee or the Letter of Credit shall be submitted inthe prescribed format.24.3 If the CONTRACTOR/SUB-CONTRACTOR or their employees orthe CONTRACTOR’s agents and representatives shall damage,break, deface or destroy any property belonging to theEMPLOYER or others during the execution of the CONTRACT,the same shall be made good by the CONTRACTOR at his ownexpenses and in default thereof, the ENGINEER-IN-CHARGEmay cause the same to be made good by other agencies andrecover expenses from the CONTRACTOR (for which thecertificate of the ENGINEER- IN-CHARGE shall be final).24.4 All compensation or other sums of money payable by theCONTRACTOR to the EMPLOYER under terms of thisCONTRACT may be deducted from or paid by the encashment orsale of a sufficient part of his Contract Performance Security orfrom any sums which may be due or may become due to theCONTRACTOR by the EMPLOYER of any account whatsoeverand in the event of his Contract Performance Security beingreduced by reasons of any such deductions or sale of aforesaid,the CONTRACTOR shall within ten days thereafter make good incash, bank drafts as aforesaid any sum or sums which may havebeen deducted from or realised by sale of his ContractPerformance Security, or any part thereof. No interest shall bepayable by the EMPLOYER for sum deposited as ContractPerformance Security.24.5 Failure of the successful bidder to comply with the requirements ofthis Clause shall constitute sufficient grounds for the annulment ofthe award and the forfeiture of bid security.25 Time of Performance: 25.1 Time for MobilisationThe work covered by this CONTRACT shall be commenced withinfifteen (15) days, the date of letter/Fax of Intent and be completedin stages on or before the dates as mentioned in the TIMESCHEDULE OF COMPLETION OF WORK. The CONTRACTORshould bear in mind that time is the essence of this agreement.Request for revision of construction time after tenders are opened17

General Conditions of Contractdue to such information or lack of same. The correctness of thedetails, given in the Tender Document to help the CONTRACTORto make up the tender is not guaranteed.The CONTRACTOR shall be deemed to have examined theCONTRACT DOCUMENTS, to have generally obtained his owninformation in all matters whatsoever that might affect the carryingout of the works at the schedules rates and to have satisfiedhimself to the sufficiency of his tender. Any error in description ofquantity or omission therefrom shall not vitiate the CONTRACT orrelease the CONTRACTOR from executing the work comprised inthe CONTRACT according to DRAWINGS andSPECIFICATIONS at the scheduled rates. He is deemed to haveknown the scope, nature and magnitude of the WORKS and therequirements of materials and labour involved etc., and as to whatall works he has to complete in accordance with the CONTRACTdocuments whatever be the defects, omissions or errors that maybe found in the DOCUMENTS. The CONTRACTOR shall bedeemed to have visited surroundings, to have satisfied himself tothe nature of all existing structures, if any, and also as to thenature and the conditions of the Railways, Roads, Bridges andCulverts, means of transport and communication, whether byland, water or air, and as to possible interruptions thereto and theaccess and egress from the site, to have made enquiries,examined and satisfied himself as to the sites for obtaining sand,stones, bricks and other materials, the sites for disposal of surplusmaterials, the available accommodation as to whatever required,depots and such other buildings as may be necessary forexecuting and completing the works, to have made localindependent enquiries as to the sub-soil, subsoil water andvariations thereof, storms, prevailing winds, climatic conditionsand all other similar matters effecting these works. He is deemedto have acquainted himself as to his liability of payment ofGovernment Taxes, Customs duty and other charges, levies etc.Any neglect or omission or failure on the part of theCONTRACTOR in obtaining necessary and reliable informationupon the foregoing or any other matters affecting the CONTRACTshall not relieve him from any risks or liabilities or the entireresponsibility from completion of the works at the scheduled ratesand times in strict accordance with the CONTRACT.It is, therefore, expected that should the CONTRACTOR have anydoubt as to the meaning of any portion of the CONTRACTDOCUMENT he shall set forth the particulars thereof in writing toEMPLOYER in duplicate, before submission of tender. TheEMPLOYER may provide such clarification as may be necessaryin writing to CONTRACT, such clarifications as provided byEMPLOYER shall form part of CONTRACT DOCUMENTS.No verbal agreement or inference from conversation with anyeffect or employee of the EMPLOYER either before, during orafter the execution of the CONTRACT agreement shall in any wayaffect or modify and of the terms or obligations herein contained.Any change in layout due to site conditions or technologicalrequirement shall be binding on the CONTRACTOR and no extraclaim on this account shall be entertained.16

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