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  • 37.

    Forfeiture of Security Deposit:

    • A.

      Security amount in full or part may be forfeited in the following cases:

      • (a)

        When the terms and conditions of contract is breached / infringed.

      • (a)

        When the Tenderer fails to make complete services satisfactorily.

      • (b)

        When contract is being terminated due to non-performance of the agency for consecutive 30 days.

      • (c)

        Notice of reasonable time will be given in case of forfeiture of security deposit. The decision of the Purchase Officer in this regard shall be final.

    • B.

      Failure of the successful Tenderer to comply with the requirement of the contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the tendering authority may make the award to the next lowest evaluated Tenderer or call for new bids.

  • 38.

    The tenderer shall pay the expenses of stamp duty for execution of agreement.

  • 39.

    Liquidated damages: In case of extension in the delivery and/or installation period / completion with liquidated damages the recovery shall be made on the basis of following percentages of value of Stores / work completion which the tenderer has failed to supply / complete the work: -







Delay up to one fourth period of the prescribed delivery period, successful installation & completion of work Delay exceeding one fourth but not exceeding half of the prescribed delivery period, successful installation & completion of work Delay exceeding half but not exceeding three fourth of the prescribed delivery period, successful installation & completion of work Delay exceeding three fourth of the prescribed delivery period, successful installation & completion of work

LD % 2.5 %

5.0 %

7.5 %

10.0 %

    • Fraction of a day in reckoning period in supplies/ completion of work shall be eliminated if it is less than half a day.

    • The maximum amount of liquidated damages shall be 10% (including all taxes & duties and other charges). In the event of LD exceeds10% of the order value, Department reserves the right to terminate the contract and Department will get the job completed by any other competent party. This amount will be adjusted from the security deposited.

    • If the supplier/ tenderer requires an extension of time in completion of contractual supply on account of occurrence of any hindrance, he shall apply in writing to the authority, which has placed the supply order/, completion of work for the same immediately on occurrence of the hindrance but not after the stipulated date of completion of supply.

    • Delivery and installation period may be extended with or without liquidated damages if the delay in the supply of goods/ ICT evaluation work is on account of hindrances beyond the control of the tenderer.

  • 40.

    Recoveries: Recoveries of liquidated damages, short supply, breakage, rejected articles shall ordinarily be made from bills. Amount may also be withheld to the extent of short supply, breakage, rejected articles and in case of failure in satisfactory replacement by the supplier along with amount of liquidated damages shall be recovered from his dues and security deposit available with the department. In case recovery is not possible recourse will be taken under Rajasthan PDR Act or any other law in force.

  • 41.

    If a tenderer imposes conditions, which is in addition to or in conflict with the conditions mentioned herein, his tender is liable to summary rejection. In any case none of such conditions will be deemed to have been accepted unless specifically mentioned in the letter of acceptance of tender issued by the Purchase Officer.

  • 42.

    The Purchase Officer/Tendering Authority reserves the right to accept any tender not necessarily the lowest, reject any tender without assigning any reasons and accept tender for all or anyone or more of the articles for which tenderer has been given or distribute items of stores to more than one firm/supplier.

  • 43.

    If any dispute arises out of the contract with regard to the interpretation, meaning and breach of the terms of the contract, the matter shall be referred to by the Parties to the Principal Secretary, School & Sanskrit Education, Government of Rajasthan who will appoint his senior most deputy as the Sole Arbitrator of the dispute who will not be related to this contract and whose decision shall be final.

  • 44.

    All legal proceedings, if necessary arises to institute may by any of the parties (Department of

approved supplier) shall have to be lodged in

courts situated

Department of Secondary Education reserves Date for submission of the Proposals.

the right to:

Secondary Education or and not elsewhere.

  • 45.

    Reservation of Rights:

    • a.

      Extend the Closing




NIT: Shivira-Sec/Secondary/ICT/Evalution/2010-11 Dtd: 13/01/2011 Tenderer

Page 9 of 14

Signature & Seal of the

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