Tender document — White Topping of Selected Roads under GoK Grants, Package-2 (BBMP, Project Central-8)

Comprehensive Development of Selected Roads by Providing
White Topping Under GoK Grants Package - 2 Technical Bid
Tenderer Page 43 of 65 Executive Engineer,
PC-8, BBMP, Bengaluru
Current Program and the Stoppage has not been authorized by the Employer.
b. The Contractor becomes Bankrupt or goes into Liquidation other than for a
Reconstruction or Amalgamation.
c. The Employer gives Notice that Failure to correct a Particular Defect is a Fundamental
Breach of Contract and the Contractor fails to correct it within a Reasonable Period of
Time determined by the Employer.
d. The Contractor does not maintain a Security which is required.
e. The Contractor has delayed the Completion of Works by the Number of Days for which
the Maximum Amount of Liquidated Damages can be paid as defined in the Contract data;
and
f. If the Contractor, in the judgment of the Employer has engaged in Corrupt or Fraudulent
Practices in competing for or in the Executing the Contract.
For the purpose of this paragraph “Corrupt Practice” means the Offering, Giving, Receiving
or Soliciting of any thing of Value to influence the Action of a Public Official in the
Procurement Process or in Contract Execution. “Fraudulent Practice” means a
Misrepresentation of Facts in order to influence a Procurement Process or the Execution of a
Contract to the Detriment of the Borrower and includes Collusive Practice among Tenderers
(prior to or after Tender Submission) designed to establish Tender Prices at Artificial Non
Competitive Levels and to deprive the Borrower of the Benefits of Free and Open
Competition.
49.3 When either Party to the Contract gives Notice of a Breach of Contract to the Employer for a
Cause other than those Listed under Sub Clause 49.2 above, the Employer shall decide
whether the Breach is Fundamental or not.
49.4 Notwithstanding the above, the Employer may terminate the Contract for Convenience.
49.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site Safe
and Secure and leave the Site as soon as reasonably possible.
50. Payment upon Termination
50.1 If the Contract is terminated because of a Fundamental Breach of Contract by the Contractor,
the Employer shall prepare Bill for the Value of the Work done Less Advance Payments
received upto the Date of the Bill, Less other Recoveries Due in Terms of the Contract, Less
Taxes Due to be deducted at Source as per Applicable Law and Less the Percentage to apply
to the Work not completed as indicated in the Contract Data. Additional Liquidated Damages
shall not apply. If the Total Amount due to the Employer exceeds any Payment due to the
Contractor, the Difference shall be a Debt payable to the Employer.
50.2 If the Contract is terminated at the Employer's Convenience or because of a Fundamental
Breach of Contract by the Employer, the Employer shall prepare Bill for the Value of the Work
done, the Reasonable Cost of Removal of Equipment, Repatriation of the Contractor's
Personnel employed solely on the Works and the Contractor's Costs of protecting and
securing the Works and Less Advance Payments received upto the Date of the Certificate,
Less other Recoveries due in Terms of the Contract and Less Taxes due to be deducted at
Source as per Applicable Law and make Payment accordingly.