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Penalty on small suppliers‘ failure to execute contracts during covid to be returned: Centre

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NEW DELHI : In a major relief to small suppliers, the Centre on Monday asked various ministries to refund the performance security, bid security and liquidated damages forfeited or deducted during the COVID-19 pandemic.

The move gives effect to finance minister Nirmala Sitharaman’s announcement on 1 February in her budget speech that in cases of failure by micro, small and medium enterprises (MSMEs) to execute contracts during the Covid period, 95% of the forfeited amount relating to bid or performance security, will be returned to them by the government and state-owned companies.

The minister said in her speech that this would provide relief to MSMEs. “95% of the bid security (Earnest Money Deposit), if any, forfeited from MSME firms in tenders opened between 19 February 2020 and 31 March 2022 shall be refunded," the department of expenditure said in an order.

Also, 95% of the liquidated damages (LD) deducted from such firms shall also be refunded. LD so refunded shall not exceed 95% of the performance security stipulated in the contract.

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