Annexure 22 — CONSULT_MANUAL

Extension of Delivery Period/Performance Notice To M/s (name and address of form) Sub: Contract No ---------------- dated --------------for the [enter Consultancy Procurement title or detail] ------------------------- Ref: Your letter no. ------------------ dated: --------------------

1. You have failed to deliver {the (fill in details of deliverables} within the contract delivery period [as last extended up to] (fill in date). In your letter under reply you have asked for [further] extension of time for delivery. In view of the circumstances stated in your said letter, the time for delivery is extended from (fill in date) to (fill in date) 2. Please note that notwithstanding the grant of this extension in terms of Clause (fill in clause number) of the subject contract an amount equivalent to........................% (...............per cent) of the delivered price of the delayed services for each week of delay or part thereof (subject to the ceiling as provided in the aforesaid clause) beyond the original contract delivery date/the last unconditionally re-fixed delivery date (as & if applicable), viz., (fill in date) will be recovered from you as liquidated damages. You may now submit the deliverables for review [balance of the deliverables] in terms of this letter. Deliverables if any already submitted by your for review and approval, but not reviewed will be now reviewed accordingly. 3. You are also required to extend the validity period of the performance guarantee for the subject contract from (fill in present validity date) to (fill in required extended date) within 15 (fifteen) days of issue of this amendment letter. 4. Denial Cause: The above extension of delivery date will also be subject to the following Denial Clause. 1) That no increases in price on account of any statutory increase in or fresh Imposition of customs duty, excise duty, GST or on account of any other taxes/duty, leviable in respect of the Deliverables specified in the said contract which takes place after (insert the original delivery date) shall be admissible on such of the said Deliverables, as are submitted after the said date; and. 2) That notwithstanding any stipulation in the contract for increase in price on any other ground including foreign exchange rate variation, no such increase which takes place after (insert the original delivery date) shall be admissible on such of the said Deliverables as are delivered after the said date. 3) But nevertheless, the purchaser shall be entitled to the benefit of any decrease in price on account of reduction in or remission of customs duty, excise duty, GST or on account of any other Tax or duty or on any other ground as stipulated in the price variation clause or foreign exchange rate variation which takes place after the expiry of the above mentioned date namely (insert the original delivery date)

Annexure 22: Format for Extension of Delivery Period/ Performance Notice (Refer Para 10.4.2-7), 10.4.3 and 10.4.4) Name of the Procuring Entity________________________________________________________

Annexure 22: Format for Extension of Delivery Period/ Performance Notice 5. All other terms and conditions of the contract remain unaltered. This is without any prejudice to purchasers’ rights under the terms and conditions of the subject contract. 6. Please intimate your unconditional acceptance of this amendment letter within 10 (ten) days of the issue of this letter failing which the contract will be cancelled at your risk and expense without any further reference to you.

Yours faithfully, (Authorised Officer) Duly authorised, for and on behalf of The President of India

Note: Select one option within { } brackets; delete portion within [ ] brackets, if not applicable; fill in ( ) brackets. Brackets and this note are not to be typed.

Substitute following first para instead of first para in format above, for issuing a performance notice. 1. You have failed to submit {enter details of the deliverables/ the entire deliverables as per the scope of Work/ Terms of Reference} within the contract delivery period [as last extended up to] (fill in date). In spite of the fact that the time of delivery of the services stipulated in the contract is deemed to be of the essence of the contract, it appears that (fill in the outstanding deliverables) are still outstanding even though the date of delivery has expired. Although not bound to do so, the time for delivery is extended from (fill in date) to (fill in date) and you are requested to note that in the event of your failure to deliver the services within the delivery period as hereby extended, the contract shall be cancelled for the outstanding services at your risk and cost.