(1) In the event that the work under the purchase agreement cannot be completed within the period of such agreement under the circumstances according to section 56 of the Act, the relevant builder, supplier, service provider or consultant shall submit an application for extension of the period to the relevant public body at least twenty-one days before the expiration of the purchase agreement. .
(1A) Notwithstanding anything written in sub-rule (1), in the case of purchase contracts entered into before the commencement of this sub-rule, the relevant construction business, supplier, service provider or consultant shall submit an application for an extension within twenty-one days of the commencement of this sub-rule.
(1b) Notwithstanding anything written in sub-rule (1a), the relevant builder, supplier, service provider or consultant who could not submit an application for extension within the period as per that sub-rule for any reason may apply for extension within fifteen days of the commencement of this sub-rule.
(1c) Notwithstanding anything written in sub-rules (1A) and (1B), the relevant builder, supplier, service provider or consultant whose term has expired before the commencement of this sub-rule and for any reason could not apply for extension within such period, this sub-rule shall be commenced. The date can apply for extension within twenty one days.
(2) Upon receipt of an application in accordance with sub-rule (1), (1A), (1B) or (1C), the concerned authorized officer may conduct or conduct the necessary investigation in that regard.
(a) whether the concerned builders, suppliers, service providers or consultants have made their best efforts to complete the work as per the purchase agreement on time,
(b) whether the relevant public body has provided the builder, supplier, service provider or consultant with what is required to be provided according to the contract, ".......
(B1) Section 67A of the Act. Whether or not there is a delay in the work due to the submission of documents as per the following, and
(c) Circumstances beyond control aWhether the work has been delayed due to the reason or not.
(3) If the reason disclosed in the application to extend the deadline during the investigation according to sub-rule (2) is found to be reasonable according to the purchase agreement, the reason for the extension of the period up to fifteen percent of the initial contract period, the bid approval authority and if the deadline is extended up to twenty-five percent of the initial contract period. If necessary, the head of the department can add more.
(4) If there is a reasonable reason to extend the period beyond the period mentioned in sub-rule (3), the secretary of the concerned ministry or agency may extend it.
(5) The decision regarding extension of time as per sub-rules (3) and (4) should be made within the contract period.
(6) No matter what is written in this rule, no extension shall be allowed to exceed fifty percent of the initial contract. However, if the purchase agreement is not completed before 15 Baisakh 2077, "in the case of contracts for which extension of time has been applied for according to sub-rule (1A), (1B) or (1C), when the time is extended after analyzing the work progress and the remaining work on the basis of the technical report as well. If it seems that the work can be completed according to the contract. After the initiation of this sub-rule without incurring any additional financial burden on the public body or project, the special category or equivalent officer of the relevant ministry or agency may extend the deadline for a maximum period of one year from the date of the decision. In case of failure to complete the work as per the contract even within the extended period of time, the performance guarantee and any other security or bond, if any, will be confiscated and the loss caused due to the non-completion of the work will be charged according to the prevailing law and blacklisted under the prevailing law. Action will be taken soon.
(6a) In the case of a decision regarding the extension of time in accordance with the restrictive clause of sub-rule (6), in the case of applications which are yet to be decided upon in accordance with sub-rule (1a) or (1b), within thirty days from the date of commencement of this by-law and in the case of applications made under sub-rule (1c) It should be done within 60 days from the date of expiry of the application period. But the bylawsIn the case of builders, suppliers, service providers or consultants who have been decided to extend the deadline once according to the restrictive clause of (6), the deadline will not be extended again according to this rule.
(6B) Notwithstanding anything written elsewhere in this regulation, the pre-determined compensation shall not be charged when the deadline is extended as per sub-rule (6A). However, if the work as per the contract is not completed even within the extended period, the pre-determined compensation will be taken with effect from before the extension of the period.
(6c) Even within the extended period according to sub-rule (4) or (6), if the work as per the contract cannot be completed due to special circumstances or other extenuating circumstances, and if it is ensured that such work will be completed, the government of Nepal, the Council of Ministers may extend the necessary period without incurring any additional financial burden on the public body. .
(6d) In the event that due to the negligence of the builder, supplier, service provider or consultant, the work cannot be completed on time due to their own fault, in the case of extending the deadline according to sub-rule (6c), such builder, supplier, service provider or consultant shall not complete the work as per the contract from the date of the decision to extend the deadline. Can't participate in new purchases.
(6e) For the purpose of sub-rule (6d), the relevant public body shall send the extension of time to the Public Procurement Monitoring Office in writing and the Public Procurement Monitoring Office shall publish a notice prohibiting such builder, supplier, service provider or consultant from participating in the new procurement. .
(6f) In accordance with this rule, the relevant officials or employees who do not complete the extension process on time and do not monitor, evaluate and take action on the daily progress of the construction work that has been extended, will be punished according to the prevailing law.
(7) If the period is not extended according to sub-rules (3), (4) and (6) or (6c), then the contract shall be terminated.