The delivery period in the essence of any contract, and must be rigorously adhered to , because the belated supplies are subjected to penalty @ 2 % per month under clause 14 of the conditions of the contract ( Schedule `B’).Thus while quoting the delivery period in the tender ,the tenderes should be very careful so as to avoid penalty for delay in supplies. However, there may be genuine reasons beyond the control of the contractor preventing him. from adhering to the delivery schedule. In such cases the contractor should immediately move the Directorate through a letter giving reasons alongwith the documentary proof in support of their request for extension of the delivery period. Normally under the Force Major clause which is a part and parcel of all such contract ,the extension of delivery period is allowed-when the performance of the contractor in whole/or in part is prevented /delayed by the causes arising out of war, hostilities, civil commotion, acts of the public enemy ,sabotage, fire floods ,explosion, epidemics , non-availability of Government controlled raw material under orders/instructions of Central/State Government regulations ,strikes ,lock-outs, embargo, acts of Civil/Military authorities or any other causes beyond their reasonable control.
In case the period of the extension of delivery period does not exceed 14 days ,the request should be made by the contractor to the indenting officer well in time explaining the various circumstances alongwith the documentary proof ,if any .But in case it exceeds 14 days the request should be made to the Director Supplies & Disposals, Haryana with a copy to indenting officer/consignee’s.
However ,the contractor should continue to make vigorous efforts for effecting the delivery at the earliest while application for extension of the delivery period is pending consideration and should offer the material for inspection under copies to this office at their earliest .The Indenting officers can have the inspection conducted even after the expiry of the delivery period pending the finalisation of request for such extension .They may, however ,while making payment impose penalty for the belated supplies but such penalty can be released as soon as the request for the extension of the delivery period has been granted .It must be noted that in case of undue delay in effecting the supplies, especially at the fag end of the financial year or where the supplies are date bound ,the indenting officers are well within their rights to refuse to grant the extension of inspect the stores when offered after the expiry of the delivery period and recommend cancellation the contract. However, it is in the interest of the contractor to keep in touch with the indenting officer /consignee and take them into confidence when such like situation arises.
Where, however ,the lowest offers have been ignored on account of longer delivery period then prescribed , no extension what-so ever is allowed even if there are exceptional circumstances justifying this delay. The contractor is bound to be penalised under the penalty clause in such circumstances .
The delivery period is to be computed from the date of issue of the supply order but when any substantial amendment is issued by the Director Supplies & Disposals, Haryana which has bearing of the delivery schedule, the delivery period will be counted from the date of tissue of latest amendment unless there is any stipulation of the contrary in this behalf However, where amendment made in the supply order arises out of any clerical/typographical or insignificant omissions and which have no bearing on the delivery schedule or wherein the opinion of the Director Supplies & Disposals, Haryana has been sought an flimsy grounds with a view to prolonging the delivery period ,such like amendment will have no effect on the delivery period and the responsibility for delay will be squarely upon the contractor.