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BRIEF FACTS:

2. The Petitioner, National Technical Research Organisation4, floated a limited tender enquiry bearing No. NTRO/CPC/07/2017 dated 09.11.2017 for the supply, installation and integration of a network solution for the establishment of a secure intranet infrastructure at various locations across India.
3. Pursuant to the tender process, a contract dated 10.08.20185 was executed between NTRO and the Respondent, for the supply, installation and integration of a secure and reliable network infrastructure across twenty-three (23) locations, including the establishment of a wide area network and local area networks, together with associated training, testing and support obligations.

147. It is admitted that vide letter nos.

CIPL/PMO/NTRO_STTC/19 dated 25.10.2018 (Ex. C-9) and CIPL/PMO/NTRO_SITC/26 dated 31.10.2018 (Ex. C-10) along with location wise list of engineers, the Claimant sought permission for all the site engineers to access the sites but since the Respondent's outstation sites were not ready for laying the LAN Cabling Infra, the work could not commence. The LAN Diagram for all the outstation sites were admittedly submitted vide CIPL letter No.CIPL/PMO/NTRO-SITC/64 dated 30.11.2018 (Ex. C-

11). It is not in dispute that the Claimant vide its letter No. CIPL/PMO/NTRO_SITC/27 dated 31.10.2018 (Ex. C-13) stated that infra at the MDC was not ready. There was no 3-phase power supply in the UPS room No. 301 at MDC and 300 Meter 3 Phase power cable was provided by M/s CIPL as the UPS installation work was getting delayed after the request from NTRO vide Letter No. XXXIIII68/05/2018-SMNY-2545 dated 29.10.2018 (Ex. C-

14). Further, the NTRO officials were informed by Claimant vide letter No CIPL/PMO/NTRO_SITC/331 dated 05.03.2019 (Ex. C-

12) about completion of Lah/UTP & OFC Cabling at all the outstation sites. It is also not in dispute that the Respondent, vide its letter dated. 07.06.2019 (Ex. C-27), had acknowledged that MPLS Links for the project were being provided by M/s Railtel and delivery was under process and, further, that, to reduce the implementation delay, the Claimant might start configuration of network equipment as well as end terminal desktops at remote sites through their on-site reps.