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(ii) Despite being well aware that PVD work is a very critical activity and of utmost importance for timely completion of works in the Nischintpur yard area you did not show any intent to take up this work with sincerity. Accordingly, left with no other alternative and in the best interest of the project, IRCON had to remove this item from your scope and engage another agency in accordance with Clause 32 of SCC-I.
(iii) Similarly, works in the section between Km 4400 to 5100 was also deleted from your scope of the contract because of your inability to show desired progress at site during the best working season (from November to April) again as per Cl. 32 of SCC- I.
(iv) Again, you have failed to commence the important activity of blanketing work at site and the Blanketing Item has not even been considered by you in your work program submitted on 16.04.19. You have also not submitted any samples/ source approvals to any lab for testing and finalization of blanket material. Therefore, IRCON is left with no alternative but to delete the Blanketing Item from your scope and engage another agency as per Clause No. 32 of SCC- I.
(v) IRCON has taken these decisions in the right spirit and in the best interest of the project, which is a highly prestigious project of International importance.
(vi) Interestingly, you are now taking a stand that on account of delay committed by other agencies you are not able to do your work. You seem to be deliberately forgetting or brushing aside the fact that only on account of the continuing unjustifiable delay on your part, the work was allotted to other OMP(I)(COMM) 223/2019 Page 7 agencies. While other agencies are continuing with their work, your work is still frequently stalled on account of non-
OMP(I)(COMM) 223/2019 Page 8 If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other J.V/partnership firm.

The Engineer shall not make a claim under the Performance Guarantee (P.G.) except for amounts to which Ircon International Limited is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of:-