1 CENTRAL INSTITUTE OF TECHNOLOGY ... - CIT, Kokrajhar...

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ii. A confirmed guarantee by an Indian Nationalized Bank, promising payment ofthe guaranteed sum to the BUYER, on demand within three working days withoutany demur whatsoever and without seeking any reasons whatsoever. Thedemand for payment by the BUYER shall be treated as conclusive proof forpayment.5.2. The Earnest Money Deposit shall be valid up to a period of five years or thecomplete conclusion of contractual obligations to complete satisfaction of both theBIDDER and the BUYER, including warranty period, whichever is later.5.3 In the case of successful BIDDER a clause would also be incorporated in the Articlepertaining to Performance Bond in the Purchase Contract that the provisions ofSanctions for Violation shall be applicable for forfeiture of Performance Bond in case of adecision by the BUYER to forfeit the same without assigning any reason for imposingsanction for violation of this pact.5.4 No interest shall be payable by the BUYER to the BIDDER(s) on Earnest MoneyDeposit for the period of its currency.6. Sanctions for ViolationAny breach of the aforesaid provisions by the BIDDER or any one employed by him or acting onhis behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER totake all or any one of the following action, wherever required:-(i) To immediately call off the pre-contract negotiations without assigning any reason orgiving any compensation to the BIDDER. However the proceedings with the otherBIDDER(s) would continue.(ii) The Earnest Money (in pre – contract stage) and /or/ Security deposit/PerformanceBond (after the contract is signed) shall stand forfeited either fully or partially, as decidedby the BUYER and the BUYER shall not be required to assign any reason therefore.(iii) To immediately cancel the contract, if already signed without giving anycompensation to the BIDDER.(iv) To recover all sums already paid by the BUYER, and in case of an Indian BIDDERwith interest thereon at 2% higher than the prevailing Prime Lending Rate, while in caseof a BIDDER from a country other than India with interest thereon at 2% higher than theLIBOR. If any outstanding payment is due by the BUYER to the BIDDER in connectionwith any other contract for any other stores, such outstanding payment could also beutilized to recover the aforesaid sum and interest.(v) To encash the advance bank guarantee and performance bond/warranty bond, iffurnished by the BIDDER, in order to recover the payments, already made by theBUYER, along with interest,(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable topay compensation for any loss or damage to the BUYER resulting from suchcancellation/rescission and the BUYER shall be entitled to deduct the amount sopayable from the money due to the BIDDER.28
(vii) To debar the BIDDER from participating in future bidding process of theGovernment of India for a minimum period of five years, which may be further extendedat the discretion of the BUYER.(viii) To recover all sums paid in violation of this pact by the BIDDER(s) to anymiddleman or agent or broker with a view to securing the contract.(ix) In cases where irrevocable Letters of Credit have been received in respect of anycontract signed by the BUYER with the BIDDER, the same shall not be opened.(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit thesame without assigning any reason for imposing sanction for violation of this Pact.6.2 The BUYER will be entitled to take or any of the actions mentioned at para 6.1 (i) to(x) of the Pact also on the Commission by the BIDDER or any one employed by it oracting on its behalf (whether with or without the knowledge of the BIDDER), of anoffence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention ofCorruption Act 1988 or any other statute enacted for prevention of corruption.6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pacthas been committed by the BIDDER shall be final and conclusive on the BIDDER.However, the BIDDER can approach the independent Monitors appointed for thepurpose of the Pact.7. Fall Clause7.1 The Bidder undertakes that he has not supplied/is not supplying the similar systemsor subsystems at a price lower than that offered in the present bid in respect of any otherDefence/ Public Sector Undertakings/Public sector undertakings/Ministry of Defence andif it is found at any stage that the similar system or sub-system was supplied by theBIDDER to any other Defence Public Sector Undertakings/Public SectorUndertaking/Ministry of Defence at a lower price, then that very price, with dueallowance for elapsed time, will be applicable to the present case and the difference inthe cost would be refunded by the BIDDER to the BUYER, if the contract has alreadybeen concluded.8 Independent External Monitor(s)8.1 The BUYER is in the process of appointing independent Monitors (herein afterreferred to as Monitors), for this Pact in consultation with Central Vigilance Commission.8.2 The task of the Monitor is to review independently and objectively, whether and towhat extent the parties comply with the obligations under this Pact.8.3 The Monitor shall not be subject to instructions by the representatives of the partiesand performs their functions neutrally and independently.8.4 Both the parties accept that the Monitors have the right to access all the documentsrelating to the project / procurement, including minutes of meetings.29
Page 1 and 2: CENTRAL INSTITUTE OF TECHNOLOGY, KO
Page 3 and 4: SECTION-1. INVITATION FOR BIDS1. Ce
Page 5 and 6: (xiii) The prices should be shown a
Page 7 and 8: 16. Bid Evaluation Criteria(i) On t
Page 9 and 10: SECTION-2: INSTRUCTIONS TO BIDDERSD
Page 11 and 12: SUBMISSION OF BIDS6. Deadline for s
Page 13 and 14: 6. Pre-installationThe BIDDER has t
Page 15 and 16: 15. Force MajeureCIT, Kokrajhar may
Page 17 and 18: 3 MICRO OVEN1. General Requirement:
Page 19 and 20: 8 TEXTURE ANALYZER1. Force capacity
Page 21 and 22: 13 VORTEX MIXERS1. Speed Range : 10
Page 23 and 24: SECTION-5: PRICE SCHEDULEBill of Ma
Page 25 and 26: SECTION - 7 : PRE CONTRACT INTEGRIT
Page 27: 3.6 The BIDDER, either while presen
Page 31 and 32: 13. The Parties hereby sign this In
Page 33: IMPORTANT NOTICETENDERERS RESPONDIN

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