Post on 27-Mar-2020
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SPORTS BOARD PUNJAB LAHORE
SUPPLY OF GYM / SPORTS EQUIPMENT
Tehsil Level Gymnasium at Chak Jhumra District Faisalabad,
Tehsil Level Gymnasiums at Jarranwala District Faisalabad
(DIRECTORATE GENERAL SPORTS /
SPORTS BOARD PUNJAB)
January 2020
TENDER DOCUMENTS
(BIDDING DOCUMENTS)
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SECTION 1: INVITATION TO BID
Date: 23.01.2020
1. “Employer” The Director General / Secretary Sports Board Punjab, National
Hockey Stadium, Ferozepur Road, Lahore.
2. The Employer invites sealed bids from the interested Firms / Companies /
Institutions for Supply of Gym / Sports Equipment.
3. The procurement procedure adopted will be “Single stage Two envelops”
as prescribed under the PPRA Rules, 2014.
4. The Bid shall be a single package consisting of two sealed envelopes,
containing the Technical Proposal and Financial Proposal, for each of the
Item procurement.
5. The above referred envelops shall be clearly marked as Technical Proposal
and Financial Proposal followed by the name of assignment / procurement
and properly sealed. This outer envelope shall be sealed bear the submission
address and title of the assignment.
6. Bidders may obtain further information from, inspect at and acquire the
Bidding Document from the office of Deputy Director (Planning), office of
Directorate General Sports Punjab, Lahore Ph. # 042-99232504.
7. A complete set of Tender Document (Bidding Document) may be obtained by
Interested Bidder on submission of a written request along-with cash deposit
of Rs. 2,000/- to the above office, by or before 20th February, 2020 at
02:00 pm.
8. All Bids / Financial Proposals must be accomplished by earnest money (Bid
Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a
Scheduled Bank in Pakistan / Guarantee issued by an Insurance
Company having at least AA rating from PACRA / JCR for an amount of
2% of the Estimated Cost referred hereinafter in the Bidding Documents
for the category of Gym / Sports Equipment in favour of “Director General
/ Secretary Sports Board Punjab, Lahore”.
9. Tender Document (Bidding Documents) include the following:-
Section 1: Invitation to Bid.
Section 2: Instructions to Bidders (including Special Instructions).
Section 3: Technical and Financial Proposals-Standard Form for Supply of Gym / Sports Equipment.
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Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.
Section 5: Specifications and Performance Criteria
Section 6: List of Goods / Services (Bill of Quantities)
Section 7: Delivery time / Completion Schedule
Section 8: Estimated Cost.
Section 9: Evaluation Criteria
Section 10: Format of Securities required
Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.
10. It is mandatory for Tender Document (Bidding Documents) to be made by
using the Standard Forms of these Documents. The Technical and Financial
Proposals that are not in the prescribed format may be discarded. If any
information required in the Forms is found missing or written elsewhere, no
credit will be given in the relevant section of the evaluation.
11. The Bidder must sign and affix Firm / Company stamp on each page of the
Tender Document (Bidding Documents)
12. Tender Document (Bidding Documents) are required to be brought in person
or by the authorized representative of the Bidder on or before
21st February, 2020 at 11:45 am positively in the office of Director Sports
Punjab, National Hockey Stadium, Ferozepur Road, Lahore.
13. The Bids (Technical Proposal) will be opened on the same day i.e.
21st February, 2020 at 12:15 pm, in the presence of Representatives of
Firms / Companies / Institutions who choose to attend the same address.
14. Financial Bids of only those bidders shall be opened which have been found
responsive as a result of assessment / evaluation of Technical Proposals.
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INSTRUCTIONS TO BIDDERS AND APPENDICES
(A) GENERAL
IB.1 Scope of Bid and Source of Funds
1.1 Scope of Bid
Director General / Secretary Sports Board Punjab (hereinafter called the
“Employer”) wishes to receive Request for Proposals (Bids) for the scope of
Goods and Services which include, but shall not be limited to Supply of Gym
/ Sports Equipments.
A detailed scope of procurement (supply of goods) has been described
elsewhere in these documents. The successful Bidder will be expected to
supply & install the required goods / services and complete the Work within
the stipulated period (Described in Section “Delivery Time / Completion
Schedule” of the Bidding Documents) after receipt of the Letter of
Acceptance (Work Order) by the successful Bidder, as specified in these
Bidding Documents.
1.2 Source of Funds
The Employer has received funds from the Government of the Punjab and it
is intended that part of the proceeds of the funds will be applied to eligible
payments under the Contract for which these Bidding Documents are issued.
IB.2 Eligible Bidders
2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the
prescribed requirement / criteria mentioned in the Tender Notice and in this
Biding Documents after wide publication in daily newspapers and PPRA
website. Financial Proposals of only those Bidders shall be opened
(considered) who have been found eligible (responsive) as per
mandatory requirement / criteria as a result of assessment of Technical
Proposals.
IB.3 Eligible Goods and Services
3.1 All Goods (Equipment) to be supplied under this Contract shall be of
renowned Brand.
IB.4 Cost of Bidding
4.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid and the Employer will in no case be responsible or liable
for those costs, regardless of the conduct or outcome of the Bidding process.
(B) BIDDING DOCUMENTS
IB.5 Contents of Bidding Documents
5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to
Bid”.
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IB.6 Clarification of Bidding Documents
6.1 A prospective Bidder requiring any clarification(s) in respect of the Bidding
Documents may notify the Employer in writing or by fax at the address as
provided under the Tender Notice (Invitation to Bid). Employer will examine
the request for clarification of the Bidding Documents which it receives not
later than three (3) days prior to the deadline for the submission of bids and
if needed will issue the clarification / amendment of the Bidding Documents
(without identifying the source of enquiry) to all prospective Bidders who have
obtained the Bidding Documents.
IB.7 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Employer may,
for any reason, whether at his own initiative or in response to a clarification
requested by a prospective Bidder, modify the Bidding Documents by issuing
addendum.
7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant
to Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders
who have obtained the Bidding Documents. Prospective Bidders shall be
intimated of such addendum through TCS, E-mail or by hand. The Bidder
shall also confirm in the Form of Bid that the information contained in such
addenda have been considered in preparing his Bid.
7.3 To afford prospective Bidders reasonable time in which to take an addendum
into account in preparing their Bids, the Employer may at its discretion extend
the deadline for submission of Bids.
(C) PREPARATION OF BIDS
IB.8 Language of Bid
8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and
all correspondence and documents relating to the Bid, shall be written in the
English language, provided that if any printed literature furnished by the
Bidder is written in another language then it shall be accompanied by an
English translation of its pertinent passages in which case, for purposes of
interpretation of the Bid, the English translation shall govern.
IB.9 Documents Comprising the Bid
9.1 Tender Document (Bidding Documents) prepared by the Bidder shall
comprise the following components:
(a) Covering Letter
(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.
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(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.
(d) Bid Security furnished in accordance with these Instructions.
(e) Power of Attorney in accordance with these Instructions.
(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.
IB.10 Bid Prices
10.1 The Bidder shall fill up the Schedule of Prices attached to these documents
indicating the unit rates including the services to be performed under the
Contract. Prices on the Schedule of Prices shall be entered keeping in view
the instructions contained in the Preamble to the Schedule of Prices.
10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services
described in the Schedule of Prices. Items against which no rate or price is
entered by a Bidder will not be paid for by the Employer when executed and
shall be deemed covered by rates and prices for other items in the Schedule
of Prices.
10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by
the Bidder shall remain fixed during the Bidder’s performance of the Contract
and not subject to variation on any account. When the Bidders are required
to quote only fixed price(s), a Bid submitted with an adjustable price quotation
will be treated as non-responsive.
10.4 Any discount offered shall be valid for at least the period of validity of the Bid.
A discount valid for lesser period shall be considered null and void.
IB.11 Currencies of Bid
11.1 Prices shall be quoted in the currency of Pakistan (Pak rupees).
11.2 The currency of payment shall be in Pak Rupees.
IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding
Documents
12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility
and conformity to the Bidding Documents of all Goods and Services which
Bidder proposes to perform under the Contract.
12.2 The documentary evidence of the Goods / Services eligibility shall establish
to the Employer’s satisfaction. Such documentary evidence shall include the
documents / information as specifically required in the Tender Document
(Bidding Documents) Forms, the compliance thereof will only establish
Employer’s satisfaction under this Clause.
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12.3 The documentary evidence of the Goods and Services’ conformity to the
Bidding Documents shall also be required in the form of literature, drawings,
catalogues and data relating to the goods and services.
12.4 A clause-by-clause commentary on Biding requirements shall be provided
with the Bidding Documents, demonstrating the Goods and Service’s
substantial responsiveness to those Specifications or a statement of
deviations and exceptions to the provisions of the Technical Provisions as
required in Bidding Documents.
IB.13 Bid Security
13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount
of 2% of the estimated cost referred hereinafter for the category of Gym
/ Sports Equipment.
13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit
at call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank in
Pakistan / Guarantee issued by an Insurance Company having at least AA
rating from PACRA / JCR in favour of the Employer valid for a period of twenty
eight (28) days beyond the bid validity date.
13.3 The Bid Security is required to protect the Employer against the risk of
Bidder’s conduct which would warrant the security’s forfeiture.
13.4 Any Bid not accompanied by an acceptable Bid Security shall be
considered by the Employer as non-responsive.
13.5 The Bid securities of unsuccessful Bidders will be returned upon award of
contract to the successful Bidder or on the expiry of validity of Bid Security
whichever is earlier.
13.6 The Bid Security of the successful Bidder will be returned when the Bidder
has furnished the required Performance Security. If required pursuant to the
clauses of these Instructions and signed the Contract Agreement if no
performance security is required, then the bid security shall be returned after
the completion of work under the Contract Agreement.
13.7 The Bid Security may be forfeited:
(a) If a Bidder withdraws his Bid during the period of Bid validity;
(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or
(c) In the case of a successful Bidder, if he fails to:
(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or
(ii) Sign the Contract Agreement, in accordance with the clauses herein below.
IB.14 Validity of Bids
14.1 Bids shall remain valid for 90 days after the date of Bid opening.
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14.2 In exceptional circumstances prior to expiry of original Bid validity period, the
Employer may request the Bidders to extend the period of validity for a
specified additional period which shall in no case be more than the original
Bid validity period. The request and the responses thereto shall be made in
writing. A Bidder may refuse the request without forfeiture of his Bid Security.
A Bidder agreeing to the request will be required to extend the validity of his
Bid Security for the period of such extension as agreed.
IB.15 Format and Signing of Bid
15.1 Bidders are particularly directed that the amount entered on the Form of Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
15.2 All Schedules to Bid are to be properly completed and signed.
15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto
except in filling up the blanks as directed. If any alteration is made or if these
instructions are not fully complied with, the Bid may be rejected.
15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the
documents comprising the bid as described under these Instructions and
clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of
discrepancy between them, the original shall prevail.
15.5 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person or persons duly authorized to sign (in the
case of copies, Photostats are also acceptable). This shall be indicated by
submitting a written Power of Attorney authorizing the signatory of the Bidder
to act for and on behalf of the Bidder. All pages of the Bid and Schedules
to Bid shall be initialed and stamped by the person or persons signing
the Bid.
15.6 The Bid shall contain no alterations, omissions or additions, except to comply
with instructions issued by the Employer, or as are necessary to correct errors
made by the Bidder, in which case such corrections shall be initialed by the
person or persons signing the Bid.
15.7 Bidders shall indicate in the space provided in the Form of Bid their full and
proper addresses at which Notices may be legally served on them and to
which all correspondence in connection with their Bids and the Contract is to
be sent.
15.8 Bidders should retain a copy of the Bidding Documents as their file copy.
(D) SUBMISSION OF BIDS
IB.16 Sealing and Marking of Bids
16.1 Each Bidder shall submit his Bid as under:
(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.
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(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.
16.2 The inner and outer envelopes shall;
(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.
(b) Bear the Work Name and date of opening of Bid.
(c) Provide a warning not to open before the time and date for Bid opening.
16.3 The Bid shall be delivered in person or through an authorized representative
or sent by registered mail at the address to Employer as mentioned in the
Invitation to Bids.
16.4 In addition to the identification required in Sub-Clause referred hereof, the
inner envelope shall indicate the name and address of the Bidder to enable
the Bid to be returned unopened in case it is declared “late” pursuant to these
Instructions to Bidders.
16.5 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
IB.17 Deadline for Submission of Bids
17.1 (a) Bids must be received by the Employer at the address specified in
Invitation for Bids not later than the time and date stipulated in the
Invitation for Bids.
(b) Bids with charges payable will not be accepted, nor will arrangements
be undertaken to collect the Bids from any delivery point other than
that specified above. Bidders shall bear all expenses incurred in the
preparation and delivery of Bids.
(c) Upon request, acknowledgment of receipt of Bids will be provided to
those making delivery in person or by representative.
17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.
17.3 The Employer may, at his discretion, extend the deadline for submission of
Bids by issuing an addendum in accordance with these Instructions to
Bidders, in which case all rights and obligations of the Employer and the
Bidders previously subject to the original deadline will thereafter be subject to
the deadline as extended.
IB.18 Late Bids
18.1 (a) Any Bid received by the Employer after the dead line for submission of
Bids prescribed in these Instructions to Bidders / Invitation to Bid will
be returned unopened to such Bidder.
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(b) Delays of person in transit or delivery of a Bid to the wrong office shall
not be accepted as an excuse for failure to deliver a Bid at the proper
place and time. It shall be the Bidder’s responsibility to determine the
manner in which timely delivery of his Bid will be accomplished either
in person or by authorized representative or through registered post.
IB.19 Modification, Substitution and Withdrawal of Bids
19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission
provided that modification, substitution or written notice of the withdrawal is
received by the Employer prior to the deadline for submission of Bids.
19.2 The modification, substitution or withdrawal of any Bid shall be prepared,
sealed, marked and delivered in accordance with the provisions of these
Instructions of Bidders with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
19.3 Withdrawal of a Bid during the interval between the deadline for submission
of Bids and the expiration of the period of Bid validity specified in the Form of
Bid may result in forfeiture of the Bid Security pursuant to the clauses of these
Instructions to Bidders.
(E) BID OPENING AND EVALUATION
IB.20 Bid Opening
20.1 A Committee consisting of nominated members by the Employer will open the
Bids, including withdrawals, substitution and modifications made pursuant to
the clauses of these Instructions to Bidders, in the presence of Bidders’
representatives who choose to attend, at the time, date and location
stipulated in the Invitation for Bids.
The Bidders’ representatives who are present shall sign on the Attendance
Sheet evidencing their attendance.
20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”
shall be opened and read out first and the name of the Bidder shall be read
out. Bids for which an acceptable notice of withdrawal has been submitted
pursuant to the clauses of these Instructions to Bidders, shall not be opened.
20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid
modifications, substitutions and withdrawals, the presence or absence of Bid
Security, and such other details as the Employer at its discretion may
consider appropriate, will be announced by the Employer at the Bid opening.
The Employer will record minutes of Bid opening.
Any Bid price or discount which is not recorded in Minutes of Bid opening will
not be taken into account in the evaluation of Bid. Any discount offered by the
Bidder on its quoted prices, shall only be considered if such discount is either
shown on the duly filled-in, signed and stamped Form of Bid / Letter of price
bid or on the Summary Page of the quoted amount for lump sum contract /
bill of quantities as applicable. In case of any discrepancy or difference in the
rate or amount of discount mentioned in the Form of Bid/Letter of price bid
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(as duly filled-in and signed), and on the Summary Page of the Priced BOQ,
the discount shown on the Priced BOQ shall prevail. Discount if offered,
through a separate letter of discount submitted with the Bid, will not be
entertained and shall be considered null & void.
20.4 Discounts offered for lesser period than the Bid validity shall not be
considered in evaluation.
IB.21 Clarification of Bids
21.1 To assist in the examination, evaluation and comparison of Bids, the
Procuring Agency may, at its discretion, ask the Bidder for a clarification of its
Bid. The request for clarification and the response shall be in writing and no
change in the price or substance of the Bid shall be sought, offered or
permitted.
IB.22 Preliminary Examination & Determination of Responsiveness of Bids
22.1 Evaluation Committee constituted for the purpose shall make preliminary
examination and determine the responsiveness of the Bids as follows:
(a) The Evaluation Committee will examine the Bids to determine whether;
(i) The Bid is complete and does not deviate from the scope,
(ii) Any computational errors have been made,
(iii) Required sureties have been furnished,
(iv) The documents have been properly signed,
(v) The Bid is valid till required period,
(vi) The Bid prices are firm during currency of contract if it is a fixed
price bid,
(vii) Completion period offered is within specified limits,
(viii) The Bid does not deviate from basic technical requirements and
specifications mentioned for the goods (equipment); and
(ix) The Bids are generally in order.
(b) A bid is likely not to be considered, if;
(i) it is unsigned,
(ii) its validity is less than specified,
(iii) it is submitted for incomplete scope of work,
(iv) it indicates completion period later than specified,
(v) it indicates that goods and materials to be supplied do not meet
eligibility requirements / specifications,
(vi) it indicates that Bid prices do not include the amount of
applicable taxes, and
(vii) there is alteration in Form of Bid.
(c) A bid will not be considered, if;
(i) It is not accompanied with bid security,
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(ii) It is received after the deadline for submission of Bids,
(iii) It is submitted through fax, telex, telegram or email,
(iv) It indicates that prices quoted are not firm during currency of the
contract whereas the Bidders are required to quote fixed
price(s),
(v) The Bidder refuses to accept arithmetic correction,
(vi) It is materially and substantially different from the Conditions /
Specifications of the Bidding Documents.
It is after review and determination of the responsiveness as per above that
further action on technical evaluation will be taken.
22.2 Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the
total price shall be corrected. If there is a discrepancy between the words and
figures the amount in words shall prevail. If there is a discrepancy between
the total Bid price entered in Form of Price Bid and the total shown in
Schedule of Prices Summary, the amount stated in the Form of Price Bid will
be corrected by the Employer in accordance with the Corrected Schedule of
Prices.
If the Bidder does not accept the corrected amount of Bid, his Bid will be
rejected and his Bid Security forfeited.
22.3 The Employer / Evaluation Committee will determine the substantial
responsiveness of each Bid to the Bidding Documents. For purpose of these
Clauses, a substantially responsive Bid is one which conforms to all the terms
and conditions of the Bidding Documents without material deviations.
A material deviation or reservation is one:
(i) Which affect in any substantial way the scope, quality or performance
of the required supply and installation of goods (equipment);
(ii) Which limits in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under the
Contract; or
(iii) Whose rectification/adoption would affect unfairly the competitive
position of other Bidders presenting substantially responsive Bids.
22.4 A Bid determined as substantially non-responsive will be rejected and will not
subsequently be made responsive by the Bidder by correction of the non-
conformity.
22.5 Any minor informality or non-conformity or irregularity in a Bid which does not
constitute a material deviation may be waived by Employer, as long as the
waiver does not prejudice or affect the relative ranking of any Bidder.
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IB.23 Detailed Evaluation of Bids
23.1 Only the Bids previously determined to be substantially responsive pursuant
to the clauses of these Instructions to Bidders will be evaluated and compared
in detail by the Employer / Evaluation Committee as per the requirements
given in the evaluation criteria.
23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s
data submitted with the Bid will be compared with the technical features /
criteria of the Goods / Services detailed and prescribed by the Employer in
these documents.
23.3 Bids indicating completion beyond 10 days later than the dates set out in
Conditions of Contract shall not be considered and rejected as
non- responsive.
IB.24 Process to be Confidential
24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact
Employer / Evaluation Committee on any matter relating to its Bid from the
time of the Bid opening to the time the Bid evaluation result is announced by
the Employer.
24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the
Bid evaluation, Bid comparison or Contract Award decisions may result in the
rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a
written complaint not later than fifteen (15) days after the announcement of
the Bid evaluation result; however, mere fact of lodging a complaint shall not
warrant suspension of the procurement process.
(F) AWARD OF CONTRACT
IB.25 Post-Qualification
25.1 The Employer, at any stage of the bid evaluation, having credible reasons for
or prima facie evidence of any defect in supplier’s or contractor’s capacities,
may require the suppliers or contractors to provide information concerning
their professional, technical, financial, legal or managerial competence
whether already pre-qualified:
Provided that such qualification shall only be laid down after recording
reasons therefore in writing. They shall form part of the records of that bid
evaluation report.
25.2 An affirmative determination will be a pre-requisite for award of the Contract
to the lowest evaluated Bidder. A negative determination will result in rejection
of that Bidder’s Bid in which event, Employer will proceed to undertake a
similar determination of the next lowest evaluated Bidder’s capabilities to
perform the Contract satisfactorily.
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IB.26 Award Criteria
26.1 Subject to the clauses of these Instructions to Bidders, the Employer will
award the Contract to the Bidder whose Bid has been determined to be
substantially responsive to the Bidding Documents and who has offered the
lowest evaluated Bid Price, provided that such Bidder has been determined
to be qualified to satisfactorily perform the Contract in accordance with the
provisions of these Instructions to Bidders.
IB.27 Employer’s Right to Vary Quantities
27.1 Employer reserves the right at the time of award of Contract to increase or
decrease the quantity of Goods and Services contained in the Schedule of
Prices without any change in the unit price or other terms and conditions. The
Employer also reserves the right to delete any one or more items of goods
(equipment) and services for which the bid has been called.
IB.28 Employer’s Right to Reject Bids
28.1 Employer reserves the rights to annul the bidding process and reject all Bids,
at any time prior to award of Contract, without thereby incurring any liability
to the affected Bidders or any obligation to inform the affected Bidders of the
grounds for the Employer’s action except that the grounds for its rejection
shall upon request be communicated, to any Bidder who submitted a Bid,
without justification of grounds. Rejection of all Bids shall be notified to all
Bidders promptly.
28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the
Bid evaluation report.
IB.29 Notification of Award
29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the
Employer will notify the successful Bidder in writing (“Letter of Acceptance /
Work Order”) that his Bid has been accepted. This letter shall name the sum
which the Employer will pay the Contractor in consideration of the supply &
installation of required goods and provision of services / facility by the
Contractor as prescribed by the Contract (hereinafter and in the Conditions
of Contract called the “Contract Price”).
29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will
constitute the formation of the Contract, binding the Employer and the
successful Bidder till signing of the formal Contract Agreement (In case the
formal Contract Agreement is not signed by an act of the successful Bidder
or due to some other reason, the letter of Acceptance / Work Order as well
as the terms and conditions of these documents shall be binding and
considered as terms and conditions between the Employer and successful
Bidder).
29.3 Upon furnishing by the successful Bidder of a Performance Security (if
applicable otherwise after signing of the former contract Agreement) the
Employer will promptly notify the other Bidders that their Bids have been
found unsuccessful and return their Bid securities.
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IB.30 Signing of Contract Agreement
30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance
/ Work Order, the successful Bidder shall submit to the Employer the Form
of Contract Agreement provided in the Bidding Documents, duly filled in and
incorporating all agreements between the parties for signing.
30.2 The formal Agreement between the Employer and the successful Bidder shall
be executed within ten (10) days of the receipt of such Form of Contract
Agreement by the Employer from the successful Bidder. The expenses for
executing the Contract Agreement shall be borne by the successful Bidder.
(G) ADDITIONAL (SPECIAL) INSTRUCTIONS
IB.31 Instructions Importance
31.1 Bids shall be prepared and submitted in accordance with the above
Instructions to Bidders including Additional (Special) Instructions which are
provided to assist Bidders in preparing their Bids.
IB.32 Contract Documents
32.1 The Documents which will be included in the Contract are listed in the Form
of Contract Agreement set out in these Bidding Documents.
IB.33 Sufficiency of Bid
33.1 Each Bidder shall satisfy himself before bidding as to the correctness and
sufficiency of his Bid and of the rates and prices entered in the Schedule of
Prices. Except in so far as it is otherwise expressly provided in the Contract,
the rates and prices entered in the Schedule of Price shall cover all his
obligations under the Contract and all matters and things necessary for the
proper completion of the works / supply and installation of goods (equipment).
IB.34 Bidder to inform himself
34.1 The Bidder is advised to obtain for himself at his own cost and responsibility
all information that may be necessary for preparing the Bid and entering into
a Contract for execution of the works / supply and installation of goods
(equipment). This shall include but not be limited to the following:
(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.
(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.
(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.
(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.
19
IB.35 Alternate Proposals by Bidder
35.1 If any Bidder may considers that he can offer any advantage to the Employer
by a modification to the designs, specifications or other conditions, he may,
in addition to his Bid to be submitted in strict compliance with the Bidding
Documents, submit any Alternate Proposal(s) containing (a) technical
specifications; and (b) any other relevant details / conditions, provided always
that the total sum entered on the Form of Bid shall be that which represents
complete compliance with the Bidding Documents.
35.2 Alternate Proposal(s): The Goods / Services offered of the specifications
superior to the one specified in these Bidding Documents may be acceptable,
only if alternate proposal is from the lowest bidder.
IB.36 Site Visit and Local Conditions
36.1 Bidder must verify and supplement by his own investigations the
information about site and local conditions. However, Employer will
assist the Bidder wherever practicable and possible.
36.2 All Bidders are required to visit the site at their own expense to review the
areas allocated for the Supply & Installation of Goods (Equipment) and the
interfacing facilities, if any. Bidders shall also study local conditions, available
facilities, communications, craft wages, roads and other transport facilities.
Bidders shall also acquaint themselves with the relevant laws, rules, and
regulations of Pakistan.
36.3 The Bidders and any of their personnel or agents will be granted permission
by the Employer to enter upon his premises and lands for the purpose of such
inspection, but only upon the express condition that the Bidders, their
personnel and agents, will release and indemnify the Employer, his personnel
and agents from and against all liability in respect thereof and will be
responsible for death or personal injury, loss of or damage to property and
any other loss, damage, costs and expenses incurred as a result of such
inspection.
IB.37 Clarification of Issues
37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee
to clarify issues and to answer any questions on matters related to the Bidding
Documents.
IB.38 Integrity Pact
38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of
Instructions to Bidder in the Bidding Documents. Failure to provide such
Integrity Pact shall make the Bid non-responsive.
20
IB.39 General Performance of the Bidders
39.1 The Employer reserves the right to obtain information regarding performance
of the Bidders on their previously awarded contracts/works. The Employer
may in case of poor performance of any Bidder so as past record of
terminated / incomplete works of similar nature pertaining to any Government,
Semi-Government, autonomous Body or Organization, reject his bid.
(H) APPENDICES
The Appendices Instructions to Bidders are as given below, and the Bidder
shall fill in all these Appendices:
• Appendix-A: Proposed Programme of Supply.
• Appendix-B: Integrity Pact.
21
Appendix-A
(Instructions to Bidders)
PROPOSED PROGRAMME OF SUPPLY.
Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing
the sequence of Supply of Gym / Sports Equipment by which he proposes to
complete the Work of the entire Contract. The programme should indicate the
sequences of supply and installation of items and the period of time during which he
proposes to complete the Works for each site including the activities like supply,
ordering / procurement of goods (equipment), delivering & schedule of installation of
required Goods / Services under the Contract.
22
Appendix-B
(Instructions to Bidders)
Integrity Pact
[To be filled and signed by the Bidder]
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE
Contract No.____________________ Dated
____________________
Contract Value: _________________
Contract Title: __________________
………………………………… [Name of Supplier] hereby declares that it has
not obtained or induced the procurement of any contract, right, interest,
privilege or other obligation or benefit from Government of Pakistan or
Government of the Punjab or any administrative sub division or agency
thereof or any other entity owned or controlled by Government of Pakistan or
Government of the Punjab through any corrupt business practice.
Without limiting the generality of the foregoing, [-----------------------------------
name of Supplier] represents and warrants that it has fully declared the
brokerage, commission, fees etc. paid or payable to anyone and not given or
agreed to give and shall not give or agree to give to anyone within or outside
Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe,
finder’s fee or kickback, whether described as consultation fee or otherwise,
with the object of obtaining or inducing the procurement of a contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established & controlled by the Federal / Provincial Government except that
which has been expressly declared pursuant hereto.
[-----------------------------------------------------------name of Supplier] certifies that
it has made and will make full disclosure of all agreements and arrangements
with all persons in respect of or related to the transaction with Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government and has not taken any action
or will not take any action to circumvent the above declaration, representation
or warranty.
[-----------------------------------------------------------name of Supplier] accepts full
responsibility and strict liability for making any false declaration, not making
full disclosure, misrepresenting facts or taking any action likely to defeat the
purpose of this declaration, representation and warranty. It agrees that any
23
contract, right, interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other rights and
remedies available to Government of Pakistan or Government of Punjab or
any autonomous body established and controlled by Federal / Provincial
Government under any law, contract or other instrument, be voidable at the
option of Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government.
Notwithstanding any rights and remedies exercised by Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government in this regard,
[------------------------------------------------------------name of Supplier] agrees to
indemnify Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government for any loss or damage incurred by it on account of its corrupt
business practices and further pay compensation to Government of Pakistan
or Government of Punjab or any autonomous body established and controlled
by Federal / Provincial Government in an amount equivalent to ten time the
sum of any commission, gratification, bribe, finder’s fee or kickback given by
[-----------------------------------------------------------name of Supplier] as aforesaid
for the purpose of obtaining or inducing the procurement of any contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established and controlled by Federal / Provincial Government.
Name of Buyer: …………………. Name of Seller/Supplier: …………..
Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]
25
SPECIAL INSTRUCTIONS TO BIDDERS
BIDDING DATA
Sr. No.
Description of Special Instructions
1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed
under PPRA Rules 2014
2 Name of the Project and Summary of the works:
Supply of Gym / Sports Equipment at Tehsil Level Gymnasiums Chak Jhumra & Jarranwala, District Faisalabad.
3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
4 The Client will provide the following inputs and facilities: (i). All available data.
5 Proposal must remain valid for 90 Days after the submission date, that is until:
21st May, 2020
6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
7 Bid language: English
8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.
9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes
10 Bidders to quote the Bid Price: in Pak Rupees
26
11
Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.
12
Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
Tender Document (Bidding Documents) must be submitted not later than the following date and time:
On or before 21st February, 2020 during office hours till 11:45 am
13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of Gym / Sports Equipment.
14 Venue, time and date of Bid opening (Technical Proposal)
Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020
15 Period for furnishing and signing of contract agreement:
Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.
27
SECTION – 3
TECHNICAL AND FINANCIAL PROPOSALS-
STANDARD FORMS
FOR SUPPLY OF GYM / SPORTS EQUIPMENT
29
TECHNICAL PROPOSALS
FORM TECHNICAL PROPOSAL SUBMISSION FORM
Location: ________________ Date____________
To:
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., Supply of Gym / Sports Equipment, in accordance with the Request for
Proposals (Bidding Documents) received by us in pursuance of the Tender Notice
published in daily newspapers and PPRA website. We are hereby submitting our
Proposal, which includes this Technical Proposal and a Financial Proposal sealed
under separate envelopes.
We hereby declare that all the information and statements made in this
Proposal are true and accept that any misinterpretation contained in it may lead to
our dis-qualification. We further accept that any incorrect / wrong information and
statement made in this proposal may lead to Civil and Criminal action, besides our
dis-qualification.
Our Proposal is binding upon us and subject to the modifications resulting
from Agreement negotiations.
We undertake, if our Proposal is accepted, to initiate the supply & installation
related to the assignment not later than the date indicated in Instructions to Bidders
(Bidding Data) and shall complete the work within the stipulated time period from the
date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as
prescribed in Proposals (Bidding Documents).
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
30
MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING
TECHNICAL PROPOSALS
Supply of Gym / Sports Equipment
The Following Requirements / Conditions / Criteria must be fulfilled by the applicant
Bidder for submission of his Technical Proposal:
1. The Applicant / Company / Institution must be registered with Government.
The Applicant shall produce documentary proof of such registration.
2. The Applicant / Company / Institution must be registered Income Tax
Department and must produce NTN Certificate and GST registration
Certificate.
3. The Applicant / Company / Institution must not be Tax defaulter or Black listed
by any Government Department, Semi Government Department or
Autonomous Body. In this regard, the applicant shall submit undertaking in
judicial stamp paper
4. The Applicant / Company / Institution must have Sound Financial Position.
The Applicant must submit his Bank Statement for the last Two Years to
establish sound Financial Position
5. The Applicant / Company / Institution must have experience of supply /
manufacturing of required items of procurement. In this regard, the applicant
shall submit the Documentary proof / copies of work orders to establish his
relevant experience
6. In case of Manufacture Bidder, he shall submit the details of his
Manufacturing Unit, complete address, Machinery description and the total
Staff / Workers employed by him. In case of Supplier Bidder, he shall submit
his experience of supplying goods to different Public Sector or Private Sector
Institutions.
7. The successful Bidder shall be required to supply the required items of
Procurement at the concerned site in Punjab. The quoted price / Bid must
include the Transportation charges as well as installation charges and no
additional charges shall be paid for supply of required Items at different sites,
as directed by the Employer.
8. The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose.
31
TECHNICAL PROPOSALS
Supply of Gym / Sports Equipment
EVALUATION CRITERIA
A. Mandatory Requirements:
The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:
Sr.# Mandatory Requirements Documentary Evidence Total Marks
1. Registration / Incorporation of
Contractor / Firm / Company under the laws of Pakistan.
Certificate of Contractor / Firm / Company Registration.
Mandatory
2. Valid FBR Registration. NTN Certificate Copy. Mandatory
3. Valid General Sales Tax
Registration General Sales Tax Registration
Certificate Mandatory
4. Valid Punjab Sales Tax
Registration, if applicable Punjab Sales Tax Registration
Certificate, if applicable. Mandatory
5.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be
attached.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case
of Sole Proprietorship, Affidavit should be attached.
Mandatory
6.
Undertaking that the Contractor / Firm / Company or any Partner(s) is
not blacklisted by Provincial or Federal Government Department,
Agency, Organization or autonomous body anywhere in
Pakistan.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
7.
Undertaking that the Contractor / Firm / Company or any Partner(s) of
JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any
Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent
and results of such proceedings should be mentioned in detail.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
32
Sr.# Mandatory Requirements Documentary Evidence Total Marks
8.
Adherence to time line in completion of work non-adherence without just cause shall result in imposition of
penalty.
Undertaking on Stamp Paper that the Bidder shall, within 7 days after
the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time
line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.
Mandatory
9.
Financial Soundness Sufficient Bank Balance available
with the Contractor / Firm / Company for providing the goods in time line.
Bank Statement / Audited Accounts for the last 24 months in the name of
Company / Firm is to be attached. (In case of JV / Consortium, Bank
Statements / Audited Accounts of all partners are to be attached)
Mandatory
10. Items of Sports Equipment to be
supplied must be approved by the concerned Sports International Body
Certifications / Approval of each item of Sports Equipment by concerned Sports International Body shall be
attached by the bidder
Mandatory
11.
Bidder must be Authorized Agent / Dealer / Distributor of the Principal
Supplier Company from whom Gym & Sports Equipment Items
(Imported) are to be supplied
Letter of Authorization as Agent / Dealer / Distributor of the Principal Supplier Company for the imported
Gym & Sports Equipment Items
Mandatory
B. Technical Proposals Scoring Criteria:
Total Marks: 100 Qualifying Marks: 70
Sr. No.
Description Marks Distribution Marks
1. Personnel Capability
(Strength of Permanent Staff).
Marks Distribution:
• Management Staff (5 Marks)
• Financial Staff (5 Marks)
• Technical Staff (5 Marks)
• Field Staff (5 Marks)
(List of names of Permanent Staff along with CVs and the proof of their
engagement with the Company / Firm should be attached).
20
33
Sr. No.
Description Marks Distribution Marks
2. Years in Business of Applicant
Firm / Company
• 10 Years & above (10 Marks)
• 7 Years upto 10 Years (7 Marks)
• 5 Years upto 7 Years (5 Marks)
• 2 Years upto 5 Years (2 Marks)
(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).
10
3. General experience in Supply of
Gym / Sports Equipment.
Marks Distribution:
02 Projects (5 Marks)
03-04 Projects (10) Marks)
05 & Above Projects (15 Marks)
(List of Projects referred above along with documentary proof
should be attached).
15
4.
Experience in Supply of Gym / Sports Equipment to any
Government, Semi Government or Autonomous Body established /
controlled by Government.
Marks Distribution:
01 Project (8 Marks)
02 Projects (12 Marks)
03 Projects (16 Marks)
04 & Above Projects (20 Marks)
(List of Projects referred above along with documentary proof
should be attached).
20
34
Sr. No.
Description Marks Distribution Marks
5. Financial Soundness
• Available Bank Turn Over for last 02 years.
If 1 million to less than 2 Million (5 Marks)
If 2 million to less than 5 Million (10 Marks)
If 5 million to less than 10 Million (15 Marks)
If 10 million to less than 15 Million (20 Marks)
If 15 million & above (25 Marks)
25
6. Gym / Sports Equipment
available with the Applicant for supply.
List of Gym / Sports Equipment available with the Applicant for
supply with proof of ownership and year of purchase / manufacturing
should be attached. (10 Marks).
10
35
TECHNICAL PROPOSALS
(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)
Supply of Gym / Sports Equipment
The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement. The unfilled (blank) or incomplete / vague information shall not be considered and the Technical Proposal for such item shall be declared non-responsive.
A. Gym Equipment
Sr. #
Description & Specification of Required Item
Brand Name / Company
Name of Imported
Country or local
Main Specifications / Features of Goods (Equipment)
offered by Supplier
1. Seated Chest Press (Minimum 80 Kg)
2. Seated Side latral Rases (Minimum 60 Kg)
3. Pull Down (Minimum 80 Kg)
4. Leg Extension (Minimum 80 Kg)
5. Lower Back (Minimum 80 Kg)
6. Butterfly (Minimum 80 Kg)
7. Raer Butterfly (Minimum 80 Kg)
8. Seated Leg Curl (Minimum 80 Kg)
9. Seated Row (Minimum 80 Kg)
10. Shoulder Press (Minimum 80 Kg)
36
Sr. #
Description & Specification of Required Item
Brand Name / Company
Name of Imported
Country or local
Main Specifications / Features of Goods (Equipment)
offered by Supplier
11. Smith Machine
12. Cable Crossover (Minimum 120 Kg)
13. Leg Curl (Minimum 80 Kg)
14. Adjustable Functional Trainer (Minimum 120 Kg)
15. Power State Bench
16. Power Incline Bench
17. Seated Bench Press (Minimum 80 Kg)
18. Four Station (Minimum 380 Kg)
19. Seated Tricep (Minimum 60 Kg)
20. Seated Bicep (Minimum 60 Kg)
21. Squated Stand
22. Pullover (Minimum 80 Kg)
23. 45-Degree Leg Press
37
Sr. #
Description & Specification of Required Item
Brand Name / Company
Name of Imported
Country or local
Main Specifications / Features of Goods (Equipment)
offered by Supplier
24. Rotary Abdominal (Minimum 60 Kg)
25. Flat Bench
26.
Cardio Equipment
i. Treadmill (Imported)
ii. Elliptical Trainer (Imported)
iii. Cumbert Bike (Imported)
iv. Re-Cumbert Bike (Imported)
v. Rowers (Imported)
27. Plate Tree
28. Olympic Plates Rubber Coated 5kgx10, 10kgx8, 15kgx6, 20kgx6,
29. Olympic Bar (Imported)
30. Curling Bar (Imported)
31.
Dumbbells Rubber Coated 2.5kg, 5kg, 7.5kg, 10kg, 12.5kg, 15kg, 17.5kg, 20kg, 22.5kg, 25kg, 27.5kg and 30kg (1 pair each)
32. Dumbbell Rack
38
B. Sports Equipment
(Each of the following item of sports equipment must be certified / approved by the concerned Sports International Body and the bidder shall submit documentary proof in this regard)
Sr. #
Description & Specification of Required Item
Brand Name / Company
Name of Imported
Country or local
Main Specifications / Features of Goods (Equipment)
offered by Supplier
1. Wrestling Mat (Imported)
2. Judo / Ju-Jitsu Mat (Imported)
3. Karate Mat (Imported)
4. Taekwondo Mat (Imported)
5. Wushu Mat (Imported)
6. Hydraulic Basket Ball Polls (Imported)
7.
Table Tennis Donic (Germany / USA / Western Europe Countries)
8. Handball Goal Post (1 Pair) (Imported)
9. Volleyball Polls (2 Pairs) (Imported)
10. Badminton Polls (2 Pairs) (Imported)
Note: -
The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose. Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.
40
FORM - FINANCIAL PROPOSAL SUBMISSION FORM
Location----------------------------Date----------------------------
To: [Name and address of Employer]
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., “Supply of Gym / Sports Equipment” in accordance with Tender
Document (Bidding Documents) received by us in pursuance of the Tender Notices
Published in Daily Newspaper and PPRA website. Our attached Financial Proposal
is for the sum of:
--------------------------------------------------------------------------------------------------------------
[Insert amount(s) in words and figures].
This amount is inclusive of all the applicable taxes.
Our Financial Proposal shall be binding upon us subject to the modifications
resulting from Agreement negotiations, up to expiration of the validity period of the
Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).
No commissions or gratuities have been or are to be paid by us to agents
relating to this Proposal and Agreement execution.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]: ________________________________
Name and Title of Signatory: __________________________________________
Name of Firm: _____________________________________________________
Address: __________________________________________________________
41
FORM - SUMMARY OF COSTS
Sr. # Description & Specification of Required Item
Rate Per Unit inclusive all applicable Taxes
(In Rs.)
1. Seated Chest Press (Minimum 80 Kg)
2. Seated Side latral Rases (Minimum 60 Kg)
3. Pull Down (Minimum 80 Kg)
4. Leg Extension (Minimum 80 Kg)
5. Lower Back (Minimum 80 Kg)
6. Butterfly (Minimum 80 Kg)
7. Rear Butterfly (Minimum 80 Kg)
8. Seated Leg Curl (Minimum 80 Kg)
9. Seated Row (Minimum 80 Kg)
10. Shoulder Press (Minimum 80 Kg)
11. Smith Machine
12. Cable Crossover (Minimum 120 Kg)
13. Leg Curl (Minimum 80 Kg)
14. Adjustable Functional Trainer (Minimum 120 Kg)
15. Power State Bench
42
Sr. # Description & Specification of Required Item
Rate Per Unit inclusive all applicable Taxes
(In Rs.)
16. Power Incline Bench
17. Seated Bench Press (Minimum 80 Kg)
18. Four Station (Minimum 380 Kg)
19. Seated Tricep (Minimum 60 Kg)
20. Seated Bicep (Minimum 60 Kg)
21. Squated Stand
22. Pullover (Minimum 80 Kg)
23. 45-Degree Leg Press
24. Rotary Abdominal (Minimum 60 Kg)
25. Flat Bench
26.
Cardio Equipment
i. Treadmill (Imported)
ii. Elliptical Trainer (Imported)
iii. Cumbert Bike (Imported)
iv. Re-Cumbert Bike (Imported)
v. Rowers (Imported)
43
Sr. # Description & Specification of Required Item
Rate Per Unit inclusive all applicable Taxes
(In Rs.)
27. Plate Tree
28. Olympic Plates Rubber Coated (5kg, 10kg, 15kg, 20kg)
Rate per Kg
29. Olympic Bar (Imported)
30. Curling Bar (Imported)
31.
Dumbbells Rubber Coated (2.5kg, 5kg, 7.5kg, 10kg, 12.5kg, 15kg, 17.5kg, 20kg, 22.5kg, 25kg, 27.5kg and 30kg)
Rate per Kg
32. Dumbbell Rack
B. Sports Equipment
Sr. # Description & Specification of Required Item
Rate Per Unit inclusive all applicable Taxes
(In Rs.)
1. Wrestling Mat (Imported)
2. Judo / Ju-Jitsu (Imported)
3. Karate Mat (Imported)
4. Taekwondo (Imported)
44
Sr. # Description & Specification of Required Item
Rate Per Unit inclusive all applicable Taxes
(In Rs.)
5. Wushu Mat (Imported)
6. Hydraulic Basket Ball Polls (Imported)
Rate Per Pair
7. Table Tennis Donic with Net (Germany / USA / Western Europe Countries)
Rate per complete set
8. Handball Goal Post (Imported)
Rate Per Pair
9. Volleyball Polls (Imported)
Rate Per Pair
10. Badminton Polls (Imported)
Rate Per Pair
46
FORM OF CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______
day of ______________________ (month) 2020, between _________________________
_____________________________________(hereafter called the “Employer”) of the one
part and ____________________________________________ (hereafter called the
“Contractor”) of the other part.
WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of Gym
/ Sports Equipment should be carried out / executed by the Contractor and has accepted a
Bid of the Contractor for the execution and completion of such Works and the remedying of
any defects therein.
NOW this Agreement witness as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents after incorporating addenda, if any except those parts relating
to Instructions to Bidders, shall be deemed to form and be read and construed as part
of this Agreement, viz:
(a) Contract Agreement.
(b) Letter of Acceptance (Work Order).
(c) The completed Form of Request for Proposals (Bidding Documents)
(d) The Conditions of Contract and Special Conditions of Contract.
(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.
3. The Procurement of Gym / Sports Equipment should be as per specifications
mentioned in Tender Document (Bidding Documents). If the material provided by the
Contractor will not meet the specification as per aforesaid requirement, then necessary
action will be taken against the Contractor as provided under law.
4. With reference to Tender Document (Bidding Documents) mutually agreed between
the Employer and Contractor relevant copies of the Request for Proposals (Bidding
Documents) attached to this contract / agreement are;
(a) “Financial Proposals” of Bidding Documents.
(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.
5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete
consignment under contract agreement. Final Payment shall be made on completion
of work (supply of all Goods / Services) and fulfillment of all terms and conditions of
contract and submission of Guarantee as required under the Special Conditions of
Contract. No other charges to be paid after the full payment.
6. Tender Document (Bidding Documents) of the subject procurement shall be
considered part of the Contract Agreement.
47
7. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy defects herein in conformity and in all respects
with the provisions of the Contract.
8. The Employer hereby covenants to pay the Contractor, in consideration of the
execution and completion of the Works as per provisions of the Contract, at the times
and in the manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the ----------------------------------------------------------
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day, month and year first before written in accordance with their respective laws.
Signature of the Contactor Signature of Employer
_______________________________ _______________________________
(Seal) (Seal)
Signed, Sealed and Delivered in the presence of:
Witness: Witness:
_______________________________ _______________________________
(Name, Title and Address) (Name, title and Address)
48
CONDITIONS OF CONTRACT
Definitions and Interpretations
1.1 Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have
the meanings hereby assigned to them:
1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work
Order).
1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of
Contract.
1.1.3 "Contract" means the agreement between the Employer and the Contractor
for the execution of the Works incorporating the Conditions, Specifications,
Tender, Letter of Acceptance (Work Order) and such further documents as may
be expressly incorporated by the Letter of Acceptance (Work Order). Any
subsequent documents mutually agreed and signed by the Employer and the
Contractor shall be the part of the Contract.
1.1.4 "Contract Agreement" means the documents recording the terms of the
Contract between the Employer and the Contractor.
1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work
Order) as payable to the Contractor for the Supply, Installation, Execution and
Completion of the Works subject to such additions thereto or deductions
therefrom as may be made under the provisions of hereinafter contained and
remedying of any defects therein in accordance with the provisions of the
Contract.
1.1.6 "Contractor" means the person whose bid has been accepted by the
Employer and the legal successors in title to the Contractor but not (except with
the consent of the Employer) any assignee of the Contractor.
1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and
operation & maintenance manuals to be submitted by the Contractor.
1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement
Committee for satisfactory execution of work / supply & installation of Goods in
accordance with these Conditions of Contract.
1.1.9 "Defects Liability Period" means one year following taking over (issuing date
of Receipt Certificate), during which the Contractor is responsible for making
good defects and damage in accordance with the Conditions of Contract.
1.1.10 “Employer" means the person named as such in the Form of Contract and the
legal successors in title to the Employer but not (except with the consent of the
Contractor) any assignee of the Employer.
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1.1.11 "Employer's Drawings" means all the drawings, information and
specifications provided by the Employer to the Contractor under the Contract.
1.1.12 "Employer's Risks” means those risks defined in these Conditions of
Contract.
1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of
Contract.
1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation
of the most elementary rules of diligence which a conscientious contractor in
the same position and under the same circumstances would have followed.
1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the
formal acceptance by the Employer of the Tender incorporating any
adjustments or variations to the Tender agreed between the Employer and the
Contractor.
1.1.16 "Retention Money" means the security to be deducted from the payable
amounts of the Contractor in accordance with the terms and conditions of the
Contract.
1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all
things to be provided under the Contract.
1.1.18 "Site" means the place or places, provided or made available by the Employer
where work is to be done by the Contractor or to which Goods are to be
delivered / installed / fixed, together with so much of the area surrounding the
same as the Contractor shall with the consent of the Employer use in
connection with the Works otherwise than merely for the purposes of access.
1.1.19 "Specification" means the specification of the Goods included in the
Pre-Qualification Notice / Documents for Pre-Qualification / Request for
Proposals (Bidding Documents) / Contract and any modification thereof made
in accordance with the Conditions of Contract.
1.1.20 “Procurement Committee” means a Committee constituted by the Employer
to perform the functions as such under the terms and conditions of Contract.
1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee” means a Committee constituted by the Employer to perform the
functions as such under the terms and conditions of Contract.
1.1.22 “Finance Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.23 “Verification Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement
Committee to the Contractor in accordance with these Conditions of Contract.
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1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods
and its Installation / Fixation. The word “Tender” is synonymous with the word
“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request
for Proposals” including financial proposal and technical proposal.
1.1.26 "Inspection on Completion" means the tests / inspections specified in the
Contract or otherwise agreed by the Procurement Committee and the
Contractor to be performed before the goods / services / works are taken over
by the Employer.
1.1.27 "Time for Completion" means the time stated in the Contract / Bidding
Documents for completing the Works. The time for completion shall be
calculated from the Commencement Date to the issuance of Receipt Certificate
by the Procurement Committee of the Directorate General Sports / Sports
Board Punjab.
1.1.28 "Variation Order" means any written order, identified as such, issued to the
Contractor by the Procurement Committee under the Conditions of Contract.
1.1.29 "Works" means all supply, installation of Goods and Services to be
provided, installed / fixed and work to be done by the Contractor under
the Contract.
1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for replacing any
defective Goods / Equipments during the specified Guarantee period, which
should commence after “Receipt Certificate”.
1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for making good any
defective Goods / Equipments during the specified Warranty period, which
should commence after “Receipt Certificate”.
1.2 Periods
In these Conditions "days" means calendar day and "year" means 365 days.
2.1 Assignment
The Contractor shall not assign the Contract or any part of his obligations under the
Contract. A charge in favour of the Contractor's bankers of any monies due under the
Contract shall not be considered an assignment.
3.1 Subcontracting
The Contractor shall not subcontract the part or whole of the Works.
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4.1 Day to Day Communications
The language for day to day communications is stated in the Preamble.
4.2 Priority of Contract Documents
Unless otherwise provided in the Contract, the priority of the Contract documents shall
be as follows:
1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding
Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.
5.1 General Obligations
a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.
b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.
Contract Agreement
6.1 Contract Agreement
The Contractor shall, if called upon so to do, execute a Contract Agreement recording
all the terms of the Contract, to be prepared by and completed.
6.2 Sufficiency of Contract Price
The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:
(a) All the conditions and circumstances affecting the Contract Price,
(b) The possibility of carrying out the Works as described in the Contract,
(c) The general circumstances at the Site and
(d) The general labour position at the Site.
6.3 Physical Obstructions and Conditions
If during the execution of the Works on Site, the Contractor encounters physical
obstructions or conditions of the kind stipulated in these Conditions of Contract, the
Contractor shall be entitled to recover such additional cost incurred in consequence.
The Procurement Committee shall certify and there shall be added to the Contract
Price the additional cost, after approval by the Employer.
Contractor's Representative
7.1 Contractor's Representative
The Contractor shall employ one or more competent representatives to superintend
the carrying out of the Works on Site. They shall be fluent in the language for day to
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day communications. Their names shall be communicated in writing to the
Procurement Committee before work (supply and installation of Goods) on Site begins.
Any instruction or notice which the Employer give to the Contractor's representative
shall be deemed to have been given to the Contractor.
7.2 Objection to Contractor's Employees
The Contractor shall, upon the Employer’s written instruction, remove from the Works
any person employed by him in the execution of the Works, who misconducts himself
or is incompetent or negligent.
7.3 Safety Precautions
The Contractor shall observe all applicable regulations regarding safety on the Site.
Unless otherwise agreed, the Contractor shall, from the commencement of work on
Site till taking over by the Employer, provide:
(a) Fencing, lighting, guarding and watching of the Works, and
(b) Temporary roadways, footways, guards and fences which may be necessary
for the accommodation and protection of owners and occupiers of adjacent
property, the public and others.
In order to provide for the safety, health and welfare of persons, and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the safety requirements of the
Government of Pakistan with such modifications thereto as the Procurement
Committee may authorize or direct and the Contractor shall take or cause to be taken
such further measures and comply with such further requirements as the Procurement
Committee may determine to be reasonably necessary for such purpose.
The Contractor shall make, maintain, and submit reports to the Procurement
Committee concerning safety, health and welfare of persons and damage to property
as the Procurement Committee may from time to time prescribe.”
7.4 Electricity Water and Gas
The Contractor shall be responsible for making his own arrangements for the adequate
supply of electricity, water and gas required for the effective performance of his
obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled
to use for the purposes of the Works such supplies and services as may be available
on the Site. The Contractor shall, before the commencement of the work at Site, seek
the approval of the Procurement Committee as to his detailed requirements of
electricity, water and gas for the entire Contract period. The Contractor shall pay the
Employer at the rates / cost incurred by the Employer. The Contractor shall at his own
cost provide any apparatus necessary for such use”. The contractor will bear the cost
of distribution network for electricity, potable water, telephone, gas and their
consumption by his own personnel for the purpose of the work.
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7.5 Employer's Equipment
The Employer may, if the Contractor so requests for the execution of the works,
operate any available equipment of the Employer. The Contractor shall pay the
Employer a mutually agreed price for such use.
The Employer shall during such operation retain control of and be responsible for the
safe working of the equipment. In case of any damage / loss by the Contractor, such
loss shall be made good by the Contractor.
7.6 Clearance of Site
The Contractor shall from time to time during the progress of the Works clear away
and remove all surplus materials and rubbish. On completion of the Works, the
Contractor shall remove all Contractor's Equipment and leave the whole of the Site
and the Works clean and in a workmanlike condition, to the satisfaction of the
Procurement Committee.
7.7 Authority for Access
No persons other than the employees of the Contractor shall be allowed on the Site
except with the consent of the Procurement Committee.
Facilities to inspect the Works shall at all times be afforded by the Contractor to the
Procurement Committee, the Employer's representatives, authorities and officials.
7.8 Information for Import Permits and Licenses
The Contractor shall submit to the Employer in good time such details of all Goods /
Equipment to be imported into Pakistan.
7.9 Compliance with Statutes, Regulations
The Contractor shall, in all matters arising in the performance of the Contract, comply
in all respects with, give all notices and pay all fees required by the provisions of any
National or State Statute, Ordinance or other law or any Regulation or Bye-law of any
duly constituted authority.
7.10 Compliance with Laws
The Contractor shall comply with the laws of Pakistan where the Goods are to be
installed / fixed.
7.11 Photographs of Works and Advertisement Prohibited
Except with the prior written authorization of the Employer, the Contractor shall not
exhibit or permit to be exhibited and Photographs or advertisement on the Works.
Obligations of the Employer
8.1 Access to and Possession of the Site
The Employer shall in reasonable time grant the Contractor access to and possession
of the Site, which may, however, not be exclusive to the Contractor.
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8.2 Consents and Way leaves
The Employer shall in due time obtain or grant all consents including permits-to-work,
way leaves and approvals required for the Works.
8.3 Import Permits and Licenses
The Employer shall issue permissions, letters, certificates and provide such other
assistance to the Contractor for his obtaining permits-to-work, way leaves and
approvals from any other department / authority and right of way from private owners,
if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.
8.4 Records of Safety and Health
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of persons and damage to property as the Procurement Committee
may from time to time prescribe.
8.5 Reporting of Accidents
The Contractor shall report to the Procurement Committee details of any accident as
soon as possible after its occurrence. In the case of any fatality or serious accident,
the Contractor shall, in addition to appropriate action required under the law, notify the
Procurement Committee immediately by the quickest available means.
9.1 Sample Testing
Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee shall inspect, examine and test a sample of each item of Goods
/ Materials (Sports items) to be supplied under the Contract. The supply and installation
of all Goods shall be subject to the approval of sample by the said Committee.
9.2 Inspection and Testing During Installation
The Procurement Committee shall be entitled during installation / fixation to inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. This shall take place on the Contractor's
premises during working hours.
No such inspection, examination or testing shall release the Contractor from any
obligation under the Contract.
9.3 Independent Inspection
Verification Committee of Sports Board Punjab, during installation, may inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. For this purpose, such independent
inspection shall be considered as Procurement Committee’s inspection.
The inspection and testing of the materials supplied / installed under the Contract shall
be carried out by the Procurement Committee which shall, after satisfaction, issue the
Certificate of Receipt.
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9.4 Date for Inspection and Testing
The Procurement Committee or Verification Committee shall give the Contractor 24
hours notice of his intention to attend the inspection / tests. The Contractor shall
provide such assistance, labour materials, electricity, fuel, stores, apparatus and
instruments as may be necessary to carry out the inspection / tests efficiently.
10.1 Rejection
If, as a result of the inspection, examination or testing as referred in the above stated
Clause, the Procurement Committee or Verification Committee of the Sports Board
Punjab decides that any Goods is defective or otherwise not in accordance with the
Contract, it may reject such Goods and shall notify the Contractor thereof immediately.
The notice shall state the Procurement Committee’s or Verification Committee’s
objections with reasons.
The Contractor shall then with all speed make good the defect or ensure that any
rejected Goods complies with the Contract.
If the Procurement Committee or Verification Committee requires such Goods to be
retested, the tests shall be repeated under the same terms and conditions. All costs
incurred by the Employer by the repetition of the tests shall be deducted from the
Contract Price.
Suspension of Works or Delivery
11.1 Order to Suspend
The Procurement Committee or the Employer may at any time instruct the Contractor to:
(a) Suspend progress of the Works, or
(b) Suspend delivery of Goods or Contractor's Equipment which is ready for
delivery to the Site at the time for delivery or if no time is specified, at the time
appropriate for it to be delivered, or
(c) Suspend the installation of Goods which has been delivered to the Site.
When the Contractor is prevented from delivering or installing Goods, it shall be
deemed that Procurement Committee or the Employer has instructed a suspension,
except when such prevention is caused by the Contractor's default.
The Contractor shall, during suspension period, protect and secure the Works or
Goods at the Site, as the case may be, against any deterioration, loss or damage.
11.2 Cost of Suspension
The additional cost incurred by the Contractor in protection, securing and insuring the
Works or Goods and in following the Procurement Committee’s or Verification
Committee’s instructions and in resumption of the work, shall be added to the Contract
Price. Such additional cost shall be determined by the Procurement Committee and
approved by the Employer.
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The Contractor shall not be entitled to be paid any additional costs if such suspension
is necessary by reason of a default on the part of the Contractor.
The Contractor shall not be entitled to additional costs unless he notifies the
Procurement Committee or Employer of his intention to make such claim, within twenty
eight (28) days after receipt of the order to suspend progress or delivery or installation.
11.3 Payment in Event of Suspension
The Contractor shall be entitled to payment for Goods which has not been delivered to
Site if the work on Goods or delivery of Goods has been suspended for more than
twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall
be entitled to payment of the value as determined by the Procurement Committee.
A Certificate of payment shall be issued on condition that:
(a) The Contractor has marked the Goods as the Employer's property in
accordance with the Procurement Committee’s instructions, and
(b) The suspension is not due to the Contractor's default.
11.4 Prolonged Suspension
If suspension under above Clause, has continued for more than eighty four (84) days,
and the suspension is not due to the Contractor's default, the Contractor may, by notice
to the Procurement Committee or the Employer, require permission to proceed within
twenty eight (28) days.
If permission is not granted within that time, the Contractor may treat the suspension
as an omission under the Conditions of Contract or if the suspension affects the whole
of the Works, terminate the Contract.
11.5 Resumption of Work
If the Contractor chooses not to treat prolonged suspension as an omission or
termination under the Conditions of Contract, the Employer shall upon the request of
the Contractor, take over the responsibility for protection, storage, security and
insurance of the suspended Works and of the Goods which has been delivered to the
Site, and risk of loss or damage thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor, shall after due notice
to the Procurement Committee, examine the Works and the Goods affected by the
suspension. The Contractor shall make good any deterioration or defect in or loss of
the Works or Goods that may have occurred during the suspension. Cost properly
incurred by the Contractor which would not have been incurred but for the suspension
shall be added to the Contract Price.
The Contractor shall not be entitled to payment for costs incurred in making good any
deterioration, defect or loss caused by faulty workmanship or materials or by the
Contractor's failure to take the measures for protecting and securing the Works or
Goods during suspension.
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Completion
12.1 Time for Completion
The Works (Supply and Installation of Goods) at the specified place of the work
mentioned in the Conditions of Contract / Bidding Documents shall be completed,
tested and commissioned within the stipulated period mentioned in Conditions of
Contract / Bidding Documents.
12.2 Extension of Time for Completion
The Contractor may claim an extension of the Time for Completion if he is or will be
delayed in completing the Works by any of the following causes:
(a) Extra or additional work ordered in writing under Conditions of Contract,
(b) Exceptional adverse weather conditions,
(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,
(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,
(e) The failure of the Employer to fulfill any of his obligations under the Contract,
(f) Delay by any other contractor engaged by the Employer,
(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,
(h) Force Majeure.
The Contractor shall give to the Employer or Procurement Committee notice of his
intention to make a claim for an extension of time within fourteen (14) days of the
circumstances for such a claim becoming known to the Contractor. The notice shall be
followed as soon as possible by the claim with full supporting details.
The Employer or the Procurement Committee, after due consultation with the
Employer, shall grant the Contractor from time to time, either prospectively or
retrospectively, such extension of Time for Completions as may be justified. In case of
time extension by Procurement Committee, it shall notify the Employer and the
Contractor accordingly.
The Contractor shall be entitled to such extension whether the delay occurs before or
after the Time for Completion.
12.3 Delay in Completion
If the Contractor fails to deliver the Works or any part thereof, within the stipulated time
period under the Conditions of Contract or fails to complete the whole of the Work, or,
if applicable, any Section thereof within the relevant time prescribed by Conditions of
Contract, then the Contractor shall pay to the Employer the relevant sum stated herein
below as liquidated damages for such default (which sum shall be the only moneys
due from the Contractor for such default) for every day or part of a day which shall
elapse between the relevant time for Delivery or Time for Completion and the actual
date of delivery at site or the date stated in a Receipt Certificate of the whole of the
Works or the relevant Section, as the case may be, subject to the applicable limit stated
herein below.
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The Employer may deduct the amount of such damages from any monies due or to
become due to the Contractor. The payment or deduction of such damages shall not
relieve the Contractor from his obligation to complete the Works, or from any other of
his obligations and liabilities under the Contract.
The liquidated damages for each day of delay and the maximum amount of liquidated
damages shall be the amounts mentioned in the Special Conditions of Contract
(Special Stipulations).
Taking Over
13.1 Taking Over
The Works shall be deemed “taken over by the Employer” when they have been
completed in accordance with the Contract, have passed the Inspection Tests on
Completion, Procurement Committee has issued the Inspection Certificate and a
Receipt Certificate has been issued or deemed to have been issued in accordance
with Conditions of Contract.
13.2 Receipt Certificate
The Contractor may apply by notice to the Procurement Committee for a Receipt
Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's
opinion, be complete and ready for taking over.
The Procurement Committee shall within twenty eight (28) days after the receipt of the
Contractor's application either:
(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance
Committee stating the date on which the Works were complete and ready for
taking over, or
(b) Reject the application giving his reasons and specifying the work required to
be done by the Contractor to enable the Receipt Certificate to be issued.
If the Procurement Committee fails either to issue the Receipt Certificate or to reject
the Contractor's application within the period of twenty eight (28) days, the Contractor
shall give notice to the Employer. In case no action is taken by the Employer to issue
the Receipt Certificate or reject the Contractor’s application within the period of twenty
eight (28) days, it shall be deemed that Procurement Committee has issued the
Receipt Certificate on the last day of Contractor’s notice time period before the
Employer.
Defects after Taking Over
14.1 Defects Liability Period
Defects Liability Period shall be as mentioned in the Special Conditions of Contract
(Special Stipulations). The Contractor shall be responsible of making good any defect
in or damage to any part of the Goods / Installation of Goods which may appear or
occur during the Defects Liability Period and which arises from, either:
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(a) Any defective equipment, materials, workmanship or design, or
(b) Any act or omission of the Contractor during the Defects Liability Period.
The Contractor shall make good the Defects or damage as soon as practicable and at
his own cost.
14.2 Notice of Defects
If any such defect appears or damage occurs, the Employer or the Procurement
Committee shall forthwith notify the Contractor thereof.
14.3 Extension of Defects Liability Period
The provision of this Clause shall apply to all replacements or renewals carried out by
the Contractor as if the replacements and renewals had been taken over on the date
they were completed.
The Defects Liability Period for the Works shall be extended by a period equal to the
period during which the Works cannot be used by reason of a defect or damage. If only
part of the Works cannot be used by reason of a defect, the Defect Liability Period shall
be extended only for that part.
In neither case shall the Defects Liability Period be extended by further more than one
year.
When installation or delivery of Goods has been suspended under the Conditions of
Contract, the Contractor's obligations under this Clause shall not apply to any defects
occurring more than three years after it would have been delivered but for the
suspension or such period as may be mutually agreed period.
14.4 Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a reasonable time fixed by
the Procurement Committee, the Employer may fix a final time for remedying the defect
or damage.
If the Contractor fails to do so, the Employer may:
(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or
(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or
(c) If the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works (supply and installation of
Goods) or a part thereof, he may terminate the Contract in respect of such parts
of the Works as cannot be put to the intended use. The Employer shall to the
exclusion of any remedy under the Conditions of Contract be entitled to recover
all sums paid in respect of such parts of the Works together with the cost of
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dismantling the same, clearing the Site and returning Goods to the Contractor
or otherwise disposing of it in accordance with the Contractor's instructions.
14.5 Removal of Defective Work
If the defect of damage is such that repairs cannot be expeditiously carried out on the
Site, the Contractor may with the consent of the Procurement Committee or the
Employer remove from the Site for the purposes of repair any part of the Goods /
Equipment which is defective or damaged.
14.6 Right of Access
Until the Final Payment has been made, the Contractor shall have the right of access
to all parts of the Works and to records of the working and performance of the Works.
14.7 Guarantee / Warranty Period
When the Guarantee / Warrantee Period for the Goods or any part thereof has expired
and the Contractor has fulfilled all his obligations under the Contract, Procurement
Committee shall issue within twenty eight (28) days to the Employer and the Contractor
a Guarantee / Warranty Relieving Certificate to that effect.
Variations
15.1 Employer and Procurement Committee’s Right to Vary
The Employer or Procurement Committee may, by Variation Order to the Contractor
at any time before the Works are taken over, instruct the Contractor to alter, amend,
omit, add to or otherwise vary any part of the Works (supply and installation of Goods).
The Contractor shall not vary or alter any of the Works, except in accordance with a
Variation Order from the Employer or Procurement Committee.
15.2 Variation Order Procedure
Prior to any Variation Order under Clause referred to above, the Employer or
Procurement Committee, as the case may be, shall notify the Contractor of the nature
and form of such variation.
Following the receipt of the Contractor's submission, the Procurement Committee
shall, after due consultation with the Employer and the Contractor, decide as soon as
possible whether or not the variation shall be carried out.
If the Procurement Committee decides that the variation shall be carried out, he shall
issue a Variation Order clearly identified as such in accordance with the Contractor's
submission or as modified by agreement.
15.3 Contractor to Proceed
On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the
variation and be bound to these Conditions in so doing as if such variation was stated
in the Contract. The delivery time may be extended by mutual consent of the parties,
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as a result of Variation Order. The work shall not be delayed pending the granting of
an extension of the Time for Completion.
Ownership of Goods
16.1 Ownership of Goods
Goods (Equipment) to be supplied pursuant to the Contract shall become the property
of the Employer at the time whichever is the earlier of the following times:
(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled
to payment of the value of the Goods.
Certificates and Payment
17.1 Terms of Payment
The terms of payment shall be as stated in the Form of Contract Agreement.
17.2 Method of Application
The Contractor shall submit to the Finance Committee of Directorate General Sports /
Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in
such form as the Finance Committee may from time to time prescribe.
The Finance Committee shall examine such Invoices within fourteen (14) days after
receiving Invoices. If the invoice amount is not accepted by the Finance Committee,
the disputed amount which is retained, shall be communicated, giving the reasons in
writing, to the Contractor within the same time.
17.3 Corrections to Invoices of Payment
The Finance Committee may in any invoice of payment make any correction or
modification that should properly be made in respect of any previous invoice.
17.4 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any
condition of Contract, be paid by the Employer to the Contractor by verifying the
payment within thirty (30) days of the receipt of such invoice. In case of the Final
Payment, it shall be paid by verifying the payment within sixty (60) days after receipt
of Final Bill / Invoice from the Contractor.
Deduction shall be made from the net amounts payable to the Contractor of any sum(s)
in accordance with the prevalent Federal and / or Provincial laws, provided that no
such deduction shall be made from those payments in respect of which the Contractor
has obtained exemption under the Law.
17.5 Withholding of Payment
If the Works or any parts thereof are not being carried out to the Procurement
Committee’s satisfaction and in order to protect the Employer from loss on account of:
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(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the
Government
The Finance Committee may notify withholding of such payments or part thereof as
may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons
/ grounds for withholding the payment are removed by the Contractor, the Finance
Committee shall upon being satisfied to that effect release payment.
17.6 Invoices and Receipts
The Contractor shall, when required by the Employer / Finance Committee, produce
quotations, invoices, vouchers and accounts or receipts in connection with expenditure
in respect of Provisional Sums.
Risk and Responsibility
18.1 Allocation of Risk and Responsibility
The Risks of loss or damage to physical property and of death and personal injury
which arise in consequence of the performance of the Contract shall be allocated
between the Employer and the Contractor as follows:
(a) The Employer: the Employer’s Risks as specified herein below.
(b) The Contractor: the Contractor's Risks as specified herein below.
18.2 Employer's Risks
“The Employer's Risks are:
(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;
(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;
(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.
(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.
18.3 Contractor's Risks
The Contractor's Risks are all risks other than those identified as the Employer's Risks.
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18.4 Contractor's Responsibility for the Care of the Works
The Contractor shall be responsible for the care of the Works / Goods or any Section
thereof from the Commencement until the Delivery Date (issuing date of Certificate of
Receipt) applicable thereto under the Conditions of Contract.
The Contractor shall also be responsible for the care of any part of the Works / Goods
upon which any outstanding work is being performed by the Contractor during the
Defects Liability Period until completion of such outstanding work.
18.5 Risk Transfer Date
The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a
Section thereof is the earliest of either:
(a) The date of issue of the Receipt Certificate, or
(b) The date of expiry of the notice of termination when the Contract is terminated
by the Employer or the Contractor in accordance with these Conditions.
18.6 Loss or Damage before Risk Transfer Date
Loss of or damage to the Works (Supply and Installation of Goods) or any Section
thereof occurring before the Risk Transfer Date shall:
(a) To the extent caused by any of the Contractor's Risks, be made good forthwith
by the Contractor at his own cost, and
(b) To the extent caused by any of the Employer's Risks, be made good by the
Contractor at the Employer's expense if so required by the Procurement
Committee within twenty eight (28) days after the occurrence of the loss or
damage. The price for making good such loss and damage shall be in all
circumstances reasonable and shall be agreed by the Procurement Committee
and the Contractor, or in the absence of agreement, shall be fixed by
Procurement Committee in consultation and approval of the Employer.
18.7 Loss or Damage after Risk Transfer Date
After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage
to any part of the Works shall, except in the case of Gross Misconduct, be limited:
(a) To the fulfillment of the Contractor's obligations under the Conditions of
Contract in respect of defects therein, and
(b) To making good forthwith loss or damage caused by the Contractor during the
Defects Liability Period.
Damage to Property and Injury to Persons
19.1 Contractor's Liability
Except as provided under Clause referred to above, the Contractor shall be liable for
and shall indemnify the Employer against all losses, expenses and claims in respect
of any loss of or damage to physical property (other than the Works), death or personal
64
injury occurring before the issue of the last Defects Liability Certificate to the extent
caused by:
(a) Defective design, material or workmanship of the Contractor, or
(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.
19.2 Employer's Liability
The Employer shall be liable for and shall indemnify the Contractor against all losses,
expenses or claims in respect of loss of or damage to any physical property or of death
or personal injury whenever occurring, to the extent caused by any of the Employer's
Risks.
19.3 Accidents
The Contractor shall be liable for and shall indemnify the Employer against all losses,
expenses or claims arising in connection with the death of or injury to any person
employed by the Contractor for the purposes of the Works (Supply and Installation of
Goods), unless caused by any acts or defaults of the Employer, or other contractors
engaged by the Employer or by their respective employees or agents. In the later
cases, the Employer shall be liable for and shall indemnify the Contractor against all
losses, expenses and claims arising in connection therewith.
Force Majeure
20.1 Definition of Force Majeure
Force Majeure means any circumstances beyond the control of the parties, including
but not limited to:
(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,
(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,
(c) Rebellion, revolution, insurrection, military or usurped power and civil war,
(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.
20.2 Effect of Force Majeure
Neither party shall be considered to be in default or in breach of his obligations under
the Contract to the extent that performance of such obligations is prevented by any
circumstances of Force Majeure which arise after the date of the Letter of Acceptance
(Work Order) or the date when the Contract becomes effective, whichever is the
earlier.
20.3 Notice of Occurrence
If either party considers that any circumstances of Force Majeure have occurred which
may affect performance of his obligations he shall promptly notify the other party and
the Procurement Committee thereof.
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20.4 Performance to Continue
Upon the occurrence of any circumstances of Force Majeure, the Contractor shall
endeavour to continue to perform his obligations under the Contract so far as
reasonably practicable. The Contractor shall notify the Procurement Committee of the
steps he proposes to take including any reasonable alternative means for performance
which is not prevented by Force Majeure. The Contractor shall not take any such steps
unless directed so to do by the Procurement Committee.
20.5 Payment on Termination for Force Majeure
If the Contract is terminated under above referred Clause, the Contractor shall be paid
the value of the work done.
Default
21.1 Notice of Default
If the Contractor is not executing the Works in accordance with the Contract or is
neglecting to perform his obligations there under so as seriously to affect the carrying
out of the Works, the Employer or Procurement Committee may give notice to the
Contractor requiring him to make good such failure or neglect.
21.2 Contractor's Default
If the Contractor:
(a) Has failed to comply within a reasonable time with a notice under Clause
referred to above, or
(b) Assigns the Contract or subcontracts the Works without the Employer's written
consent, or
(c) Becomes bankrupt or insolvent, has a receiving order made against him or
compounds with his creditors, or carries on business under a receiver, trustee
or manager for the benefit of his creditors or goes into liquidation.
The Employer may, after having given seven (7) days notice to the Contractor,
terminate the Contract and expel the Contractor from the Site.
Any such expulsion and termination shall be without prejudice to any other rights or
powers of the Employer or Procurement Committee under the Contract.
The Employer may upon such termination complete the Works (supply and installation
of Goods) himself or by any other contractor, at the risk & cost of the Contractor.
21.3 Payment after Termination
The Employer shall not be liable to make any further payments to the Contractor until
the Works have been completed. When the works are so complete, the Employers
shall be entitled to recover from the Contractor the extra costs, if any, of completing
the Works. The contractor shall be allowed only such sum for the value of Works done
by him prior to termination of contract and certified by the Procurement Committee.
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Customs / Import Duties and Other Taxation
22.1 Customs / Import Duties and other Taxation
The Contractor shall pay all customs, import duties and taxes in consequence of the
importation of Goods. The rates and prices quoted by the Contractor in the Financial
Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,
Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well
as fees charge for services provided under this Contract. The taxation is leviable as
per Income Tax Laws issued by the Government of Pakistan and applicable laws of
the Country.
22.2 Clearance through Customs
The Contractor shall be responsible for clearance of all Goods to be supplied under
the Contract. However, the Employer may assist the Contractor in obtaining clearance
through the customs of Goods.
Notices
23.1 Notices to Contractor
All certificates, notices or written orders to be given to the Contractor by the Employer
or the Procurement Committee under these Conditions shall be sent by either of the
means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's
principal place of business or such other address as the Contractor shall nominate for
that purpose, or may be handed over to the Contractor's representative.
23.2 Notice to Employer and Procurement Committee or Finance Committee or
Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee
Any notice to be given to the Employer or to the Procurement Committee / Finance
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee under these Conditions shall be sent by Airmail Post, Courier Service, or
to be delivered & got received at the respective addresses nominated for that purpose
by the Employer in the Form of Contract.
23.3 Minutes of Meetings
Instructions or notices from the Employer to the Contractor and notices from the
Contractor to the Employer recorded in a minute or protocol signed by the authorized
representatives of the giver and recipient of such notice or instruction shall be valid
notice or instruction for the purposes of the Contract.
Disputes and Arbitration
24.1 If a dispute of any kind whatsoever arises between the Employer and the Contractor
in connection with, or arising out of, the Contract or the execution of the Works, whether
during the execution of the Works or after their completion and whether before or after
repudiation or other termination of the Contract, including any dispute as to any
opinion, instruction, determination, certificate or valuation of the Procurement
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
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Committee / Finance Committee, the matter in dispute shall, in the first place, be
referred in writing to the Verification Committee, with a copy to the other party. Such
reference shall state that it is made pursuant to this Clause. No later than the fifty sixth
(56) day after the day on which he received such reference, the Verification Committee
shall give notice of his decision to the Employer and the Contractor. Such decision
shall state that it is made pursuant to this Clause.
Unless the Contract has already been repudiated or terminated, the Contractor shall,
in every case, continue to proceed with the Work with all due diligence, and the
Contractor and the Employer shall give effect forthwith to every such decision of the
Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee or Finance Committee unless and until the same shall be
revised, as hereinafter provided in an amicable settlement or in an arbitral award.
In any case where the Conditions of Contract provide that the decision of the
Verification Committee is to be final and conclusive, such decision shall not be
referable to arbitration under this Clause nor shall the same be questioned in any other
form of proceedings whatsoever.
24.2 If either the Employer or the Contractor be dissatisfied with a decision of the
Verification Committee or if the Verification Committee fails to give notice of his
decision on or before the fifty sixth (56) day after the day on which he received the
reference, then either the Employer or the Contractor may, on or before the twenty
eighth (28) day after the day on which the said period of fifty six (56) days expired, as
the case may be, give notice to the other party to commence arbitration, as hereinafter
provided, as to the matter in dispute. Such notice shall establish the entitlement of the
party giving the same to commence arbitration, under the provisions of Arbitration Act,
1940, as to such dispute and, subject to Clause referred to above, no arbitration in
respect thereof may be commenced unless such notice is given.
If the Verification Committee has given notice of his decision as to a matter in dispute
to the Employer and the Contractor and no notification of intention to commence
arbitration as to such dispute has been given by either the Employer or the Contractor
on or before the twenty eighth (28) day after the day on which the parties received
notice as to such decision from the Verification Committee, the said decision shall
become final and binding upon the Employer and the Contractor.
24.3 Where notice of intention to commence arbitration as to a dispute has been given in
accordance with Clause referred to above, arbitration of such dispute shall not be
commenced unless an attempt has first been made by the parties to settle such dispute
amicably through mutual negotiation within ninety (90) days from the date of
notification of Verification Committee’s decision.
Law and Procedure
25.1 Applicable Law
The law which is to apply to the Contract and under which the Contract is to be
construed is the laws of Islamic Republic of Pakistan.
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25.2 Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential and
shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or elsewhere without the prior consent in writing of the Employer. If
any dispute arises as to the necessity of any publication or disclosure for the purpose
of the Contract, the decision of Employer shall be final.
69
SPECIAL CONDITIONS OF CONTRACT
(SPECIAL STIPULATIONS)
1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).
2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).
3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).
4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).
5. Defects Liability Period 90 days from the effective date of Receipt Certificate.
6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)
5% of Contract Price stated in the Letter of Acceptance (Work Order).
7. Payment Schedule On Supply of Partial or Complete consignment under the contract agreement.
8. Currency of Payment Pak Rupees.
9. Guarantee / Warranty Period 03 years from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).
71
SPECIFICATIONS OF GYM / SPORTS EQUIPMENT.
a. The specifications given in Technical and Financial
Proposals subject to any modification by the Employer, shall
be strictly adhered to by the Bidder.
b. Brand Name, Company Name and Specifications of the
offered Goods should be clearly mentioned.
73
LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF GYM / SPORTS EQUIPMENT
• The quantity of Gym / Sports Equipment is required for the following 2 sites:-
i. Tehsil Level Gymnasium at Chak Jhumra, District Faisalabad,
ii. Tehsil Level Gymnasiums at Jarranwala, District Faisalabad
• The quantity required for each site is as under:-
Sr. #
Item Description Quantity for One Site
1. Seated Chest Press (Minimum 80 Kg) 1
2. Seated Side latral Rases (Minimum 60 Kg)
1
3. Pull Down (Minimum 80 Kg)
1
4. Leg Extension (Minimum 80 Kg)
1
5. Lower Back (Minimum 80 Kg)
1
6. Butterfly (Minimum 80 Kg)
1
7. Raer Butterfly (Minimum 80 Kg)
1
8. Seated Leg Curl (Minimum 80 Kg)
1
9. Seated Row (Minimum 80 Kg)
1
10. Shoulder Press (Minimum 80 Kg)
1
11. Smith Machine 1
12. Cable Crossover (Minimum 120 Kg)
1
13. Leg Curl (Minimum 80 Kg)
1
14. Adjustable Functional Trainer (Minimum 120 Kg)
1
15. Power State Bench 1
16. Power Incline Bench 1
17. Seated Bench Press (Minimum 80 Kg)
1
18. Four Station (Minimum 380 Kg)
1
19. Seated Tricep (Minimum 60 Kg)
1
74
Sr. #
Item Description Quantity for One Site
20. Seated Bicep (Minimum 60 Kg)
1
21. Squated Stand 1
22. Pullover (Minimum 80 Kg)
1
23. 45-Degree Leg Press 1
24. Rotary Abdominal (Minimum 60 Kg)
1
25. Flat Bench 3
26.
Cardio Equipment
i. Treadmill (Imported) 2
ii. Elliptical Trainer (Imported) 2
iii. Cumbert Bike (Imported) 2
iv. Re-Cumbert Bike (Imported) 2
v. Rowers (Imported) 1
27. Plate Tree 1
28. Olympic Plates Rubber Coated
5kg :10 Nos 10kg: 8 Nos 15kg: 6 Nos 20kg: 6 Nos. Total: 340 Kg
29. Olympic Bar (Imported) 2
30. Curling Bar (Imported) 2
31. Dumbbells Rubber Coated
2.5kg (1 Pair), 17.5kg (1 Pair) 5kg (1 Pair), 20kg (1 Pair) 7.5kg (1 Pair), 22.5kg (1 Pair) 10kg (1 Pair), 25kg (1 Pair) 12.5kg (1 Pair), 27.5kg (1 pair ) 15kg (1 Pair), 30kg (1 pair)
Total: 390 Kg
32. Dumbbell Rack 1
75
B. Sports Equipment
Sr. #
Item Description Quantity
1. Wrestling Mat (Imported) 1
2. Judo / Ju-Jitsu (Imported) 1
3. Karate Mat (Imported) 1
4. Taekwondo (Imported) 1
5. Wushu Mat (Imported) 1
6. Hydraulic Basket Ball Polls (Imported)
1 Pair
7. Table Tennis Donic with Net (Germany / USA / Western Europe Countries)
1 Complete Set
8. Handball Goal Post (Imported) 1 Pair
9. Volleyball Polls with Net (Imported) 2 Pairs
10. Badminton Polls with Net (Imported)
2 Pairs
(Note: Procurement Committee will have the right to delete any item or to
enhance or decrease the quantity of any item of procurement).
76
SECTION - 7
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
FOR SUPPLY OF GYM / SPORTS EQUIPMENT
77
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
SUPPLY OF GYM / SPORTS EQUIPMENT
1 Delivery Time: (Time of Completion)
Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.
2 Completion Schedule:
(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.
79
ESTIMATED COST
FOR SUPPLY OF GYM / SPORTS EQUIPMENT
Sr. No.
Description of Goods Estimated Cost for 1
Site
Total Estimated Cost for 2 Sites
1. Gym / Sports Equipment 15,925,415 ,83085031,
NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security
(2% of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the total Estimated
Cost.
3. Financial Proposal (Bid) of a Bidder shall be considered responsive and acceptable only if 2% Bid Security of Total Estimated Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.
81
SPORTS BOARD PUNJAB
LAHORE
EVALUATION CRITERIA
SUPPLY OF GYM / SPORTS EQUIPMENT
Technical Proposal shall be evaluated as per Evaluation Criteria
described in these Bidding Documents.
Financial Proposals of only responsive Bidders shall be opened and
evaluated. The Financial Proposal shall be assessed/ evaluated on
the basis of Lowest Evaluated Bid of each item of procurement.
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INDEMNITY BOND FOR GUARANTEED PERFORMANCE
(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of Gym / Sports Equipment on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:
for………………………………… (Signature with Name and Designation)
(Indemnifier) Firm / Company Seal
Witness: 1………………………………….………..…… Signature with Name, Designation & Address.
2………………………………….………..…… Signature with Name, Designation & Address.
84
SECTION - 11
DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS (EQUIPMENT)
85
DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS.
All Terms and Conditions along with Specifications of Tender Documents
(Bidding Documents) shall be applicable in assessing the quality of
supplied Goods (Equipment).
1
SPORTS BOARD PUNJAB LAHORE
SUPPLY OF FURNITURE ITEMS
TEHSIL LEVEL GYMNASIUMS AT
1. Chak Jhumra (District Faisalabad)
2. Jarranwala (District Faisalabad)
3. Shor Kot (District Jhang)
4. Hasilpur (District Bahawalpur)
5. Haroonabaad (District Bahawalnagar).
(DIRECTORATE GENERAL SPORTS /
SPORTS BOARD PUNJAB)
January 2020
TENDER DOCUMENTS
(BIDDING DOCUMENTS)
3
SECTION 1: INVITATION TO BID
Date: 23.01.2020
1. “Employer” The Director General / Secretary Sports Board Punjab, National
Hockey Stadium, Ferozepur Road, Lahore.
2. The Employer invites sealed bids from the interested Firms / Companies /
Institutions for Supply of Furniture Items.
3. The procurement procedure adopted will be “Single stage Two envelops” as
prescribed under the PPRA Rules, 2014.
4. The Bid shall be a single package consisting of two sealed envelopes,
containing the Technical Proposal and Financial Proposal, for each of the Item
procurement.
5. The above referred envelops shall be clearly marked as Technical Proposal
and Financial Proposal followed by the name of assignment / procurement and
properly sealed. This outer envelope shall be sealed bear the submission
address and title of the assignment.
6. Bidders may obtain further information from, inspect at and acquire the Bidding
Document from the office of Deputy Director (Planning), office of Directorate
General Sports Punjab, Lahore Ph. # 042-99232504.
7. A complete set of Tender Document (Bidding Document) may be obtained by
Interested Bidder on submission of a written request along-with cash deposit of
Rs. 2,000/- to the above office, by or before 20th February, 2020 at 02:00 pm.
8. All Bids / Financial Proposals must be accomplished by earnest money (Bid
Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a
Scheduled Bank in Pakistan / Guarantee issued by an Insurance Company
having at least AA rating from PACRA / JCR for an amount of 2% of the
Estimated Cost referred hereinafter in the Bidding Documents for the
category of Furniture Items in favour of “Director General / Secretary Sports
Board Punjab, Lahore”.
9. Tender Document (Bidding Documents) include the following:-
Section 1: Invitation to Bid.
Section 2: Instructions to Bidders (including Special Instructions).
Section 3: Technical and Financial Proposals-Standard Form for Supply of Furniture Items.
Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.
4
Section 5: Specifications and Performance Criteria
Section 6: List of Goods / Services (Bill of Quantities)
Section 7: Delivery time / Completion Schedule
Section 8: Estimated Cost.
Section 9: Evaluation Criteria
Section 10: Format of Securities required
Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.
10. It is mandatory for Tender Document (Bidding Documents) to be made by using
the Standard Forms of these Documents. The Technical and Financial
Proposals that are not in the prescribed format may be discarded. If any
information required in the Forms is found missing or written elsewhere, no
credit will be given in the relevant section of the evaluation.
11. The Bidder must sign and affix Firm / Company stamp on each page of the
Tender Document (Bidding Documents)
12. Tender Document (Bidding Documents) are required to be brought in person or
by the authorized representative of the Bidder on or before
21st February, 2020 at 11:45 am positively in the office of Director Sports
Punjab, National Hockey Stadium, Ferozepur Road, Lahore.
13. The Bids (Technical Proposal) will be opened on the same day i.e.
21st February, 2020 at 12:15 pm, in the presence of Representatives of
Firms / Companies / Institutions who choose to attend the same address.
14. Financial Bids of only those bidders shall be opened which have been found
responsive as a result of assessment / evaluation of Technical Proposals.
7
INSTRUCTIONS TO BIDDERS AND APPENDICES
(A) GENERAL
IB.1 Scope of Bid and Source of Funds
1.2 Scope of Bid
Director General / Secretary Sports Board Punjab (hereinafter called the
“Employer”) wishes to receive Request for Proposals (Bids) for the scope of
Goods and Services which include, but shall not be limited to Supply of
Furniture Items.
A detailed scope of procurement (supply of goods) has been described
elsewhere in these documents. The successful Bidder will be expected to
supply & install the required goods / services and complete the Work within
the stipulated period (Described in Section “Delivery Time / Completion
Schedule” of the Bidding Documents) after receipt of the Letter of
Acceptance (Work Order) by the successful Bidder, as specified in these
Bidding Documents.
1.2 Source of Funds
The Employer has received funds from the Government of the Punjab and it is
intended that part of the proceeds of the funds will be applied to eligible
payments under the Contract for which these Bidding Documents are issued.
IB.2 Eligible Bidders
2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the
prescribed requirement / criteria mentioned in the Tender Notice and in this
Biding Documents after wide publication in daily newspapers and PPRA
website. Financial Proposals of only those Bidders shall be opened
(considered) who have been found eligible (responsive) as per mandatory
requirement / criteria as a result of assessment of Technical Proposals.
IB.3 Eligible Goods and Services
3.1 All Goods (Equipment) to be supplied under this Contract shall be of renowned
Brand.
IB.4 Cost of Bidding
4.1 The Bidder shall bear all costs associated with the preparation and submission
of its Bid and the Employer will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the Bidding process.
(B) BIDDING DOCUMENTS
IB.5 Contents of Bidding Documents
5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to Bid”.
8
IB.6 Clarification of Bidding Documents
6.2 A prospective Bidder requiring any clarification(s) in respect of the Bidding
Documents may notify the Employer in writing or by fax at the address as
provided under the Tender Notice (Invitation to Bid). Employer will examine the
request for clarification of the Bidding Documents which it receives not later
than three (3) days prior to the deadline for the submission of bids and if needed
will issue the clarification / amendment of the Bidding Documents (without
identifying the source of enquiry) to all prospective Bidders who have obtained
the Bidding Documents.
IB.7 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Employer may, for
any reason, whether at his own initiative or in response to a clarification
requested by a prospective Bidder, modify the Bidding Documents by issuing
addendum.
7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant to
Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders who
have obtained the Bidding Documents. Prospective Bidders shall be intimated
of such addendum through TCS, E-mail or by hand. The Bidder shall also
confirm in the Form of Bid that the information contained in such addenda have
been considered in preparing his Bid.
7.3 To afford prospective Bidders reasonable time in which to take an addendum
into account in preparing their Bids, the Employer may at its discretion extend
the deadline for submission of Bids.
(C) PREPARATION OF BIDS
IB.8 Language of Bid
8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and
all correspondence and documents relating to the Bid, shall be written in the
English language, provided that if any printed literature furnished by the Bidder
is written in another language then it shall be accompanied by an English
translation of its pertinent passages in which case, for purposes of interpretation
of the Bid, the English translation shall govern.
IB.9 Documents Comprising the Bid
9.1 Tender Document (Bidding Documents) prepared by the Bidder shall comprise
the following components:
(a) Covering Letter
(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.
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(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.
(d) Bid Security furnished in accordance with these Instructions.
(e) Power of Attorney in accordance with these Instructions.
(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.
IB.10 Bid Prices
10.1 The Bidder shall fill up the Schedule of Prices attached to these documents
indicating the unit rates including the services to be performed under the
Contract. Prices on the Schedule of Prices shall be entered keeping in view the
instructions contained in the Preamble to the Schedule of Prices.
10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services
described in the Schedule of Prices. Items against which no rate or price is
entered by a Bidder will not be paid for by the Employer when executed and
shall be deemed covered by rates and prices for other items in the Schedule of
Prices.
10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by the
Bidder shall remain fixed during the Bidder’s performance of the Contract and
not subject to variation on any account. When the Bidders are required to quote
only fixed price(s), a Bid submitted with an adjustable price quotation will be
treated as non-responsive.
10.4 Any discount offered shall be valid for at least the period of validity of the Bid.
A discount valid for lesser period shall be considered null and void.
IB.11 Currencies of Bid
11.3 Prices shall be quoted in the currency of Pakistan (Pak rupees).
11.4 The currency of payment shall be in Pak Rupees.
IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding
Documents
12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility and
conformity to the Bidding Documents of all Goods and Services which Bidder
proposes to perform under the Contract.
12.2 The documentary evidence of the Goods / Services eligibility shall establish to
the Employer’s satisfaction. Such documentary evidence shall include the
documents / information as specifically required in the Tender Document
(Bidding Documents) Forms, the compliance thereof will only establish
Employer’s satisfaction under this Clause.
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12.3 The documentary evidence of the Goods and Services’ conformity to the
Bidding Documents shall also be required in the form of literature, drawings,
catalogues and data relating to the goods and services.
12.4 A clause-by-clause commentary on Biding requirements shall be provided with
the Bidding Documents, demonstrating the Goods and Service’s substantial
responsiveness to those Specifications or a statement of deviations and
exceptions to the provisions of the Technical Provisions as required in Bidding
Documents.
IB.13 Bid Security
13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount
of 2% of the estimated cost referred hereinafter for the category of
Furniture Items.
13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit at
Call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank in
Pakistan / Guarantee issued by an Insurance Company having at least AA
rating from PACRA / JCR in favour of the Employer valid for a period of twenty
eight (28) days beyond the bid validity date.
13.3 The Bid Security is required to protect the Employer against the risk of Bidder’s
conduct which would warrant the security’s forfeiture.
13.4 Any Bid not accompanied by an acceptable Bid Security shall be
considered by the Employer as non-responsive.
13.5 The Bid securities of unsuccessful Bidders will be returned upon award of
contract to the successful Bidder or on the expiry of validity of Bid Security
whichever is earlier.
13.6 The Bid Security of the successful Bidder will be returned when the Bidder has
furnished the required Performance Security. If required pursuant to the clauses
of these Instructions and signed the Contract Agreement if no performance
security is required, then the bid security shall be returned after the completion
of work under the Contract Agreement.
13.7 The Bid Security may be forfeited:
(a) If a Bidder withdraws his Bid during the period of Bid validity;
(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or
(c) In the case of a successful Bidder, if he fails to:
(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or
(ii) Sign the Contract Agreement, in accordance with the clauses herein below.
IB.14 Validity of Bids
14.1 Bids shall remain valid for 90 days after the date of Bid opening.
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14.2 In exceptional circumstances prior to expiry of original Bid validity period, the
Employer may request the Bidders to extend the period of validity for a specified
additional period which shall in no case be more than the original Bid validity
period. The request and the responses thereto shall be made in writing. A
Bidder may refuse the request without forfeiture of his Bid Security. A Bidder
agreeing to the request will be required to extend the validity of his Bid Security
for the period of such extension as agreed.
IB.15 Format and Signing of Bid
15.1 Bidders are particularly directed that the amount entered on the Form of Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
15.2 All Schedules to Bid are to be properly completed and signed.
15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto
except in filling up the blanks as directed. If any alteration is made or if these
instructions are not fully complied with, the Bid may be rejected.
15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the
documents comprising the bid as described under these Instructions and clearly
mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of discrepancy
between them, the original shall prevail.
15.5 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person or persons duly authorized to sign (in the case
of copies, Photostats are also acceptable). This shall be indicated by submitting
a written Power of Attorney authorizing the signatory of the Bidder to act for and
on behalf of the Bidder. All pages of the Bid and Schedules to Bid shall be
initialed and stamped by the person or persons signing the Bid.
15.6 The Bid shall contain no alterations, omissions or additions, except to comply
with instructions issued by the Employer, or as are necessary to correct errors
made by the Bidder, in which case such corrections shall be initialed by the
person or persons signing the Bid.
15.7 Bidders shall indicate in the space provided in the Form of Bid their full and
proper addresses at which Notices may be legally served on them and to which
all correspondence in connection with their Bids and the Contract is to be sent.
15.8 Bidders should retain a copy of the Bidding Documents as their file copy.
(D) SUBMISSION OF BIDS
IB.16 Sealing and Marking of Bids
16.1 Each Bidder shall submit his Bid as under:
(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.
(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.
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16.2 The inner and outer envelopes shall;
(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.
(b) Bear the Work Name and date of opening of Bid.
(c) Provide a warning not to open before the time and date for Bid opening.
16.3 The Bid shall be delivered in person or through an authorized representative or
sent by registered mail at the address to Employer as mentioned in the
Invitation to Bids.
16.4 In addition to the identification required in Sub-Clause referred hereof, the inner
envelope shall indicate the name and address of the Bidder to enable the Bid
to be returned unopened in case it is declared “late” pursuant to these
Instructions to Bidders.
16.5 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the Bid.
IB.17 Deadline for Submission of Bids
17.1 (a) Bids must be received by the Employer at the address specified in
Invitation for Bids not later than the time and date stipulated in the
Invitation for Bids.
(b) Bids with charges payable will not be accepted, nor will arrangements
be undertaken to collect the Bids from any delivery point other than that
specified above. Bidders shall bear all expenses incurred in the
preparation and delivery of Bids.
(c) Upon request, acknowledgment of receipt of Bids will be provided to
those making delivery in person or by representative.
17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.
17.3 The Employer may, at his discretion, extend the deadline for submission of Bids
by issuing an addendum in accordance with these Instructions to Bidders, in
which case all rights and obligations of the Employer and the Bidders previously
subject to the original deadline will thereafter be subject to the deadline as
extended.
IB.18 Late Bids
18.1 (a) Any Bid received by the Employer after the dead line for submission of
Bids prescribed in these Instructions to Bidders / Invitation to Bid will be
returned unopened to such Bidder.
(b) Delays of person in transit or delivery of a Bid to the wrong office shall
not be accepted as an excuse for failure to deliver a Bid at the proper
place and time. It shall be the Bidder’s responsibility to determine the
manner in which timely delivery of his Bid will be accomplished either in
person or by authorized representative or through registered post.
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IB.19 Modification, Substitution and Withdrawal of Bids
19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission
provided that modification, substitution or written notice of the withdrawal is
received by the Employer prior to the deadline for submission of Bids.
19.2 The modification, substitution or withdrawal of any Bid shall be prepared,
sealed, marked and delivered in accordance with the provisions of these
Instructions of Bidders with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
19.3 Withdrawal of a Bid during the interval between the deadline for submission of
Bids and the expiration of the period of Bid validity specified in the Form of Bid
may result in forfeiture of the Bid Security pursuant to the clauses of these
Instructions to Bidders.
(E) BID OPENING AND EVALUATION
IB.20 Bid Opening
20.1 A Committee consisting of nominated members by the Employer will open the
Bids, including withdrawals, substitution and modifications made pursuant to
the clauses of these Instructions to Bidders, in the presence of Bidders’
representatives who choose to attend, at the time, date and location stipulated
in the Invitation for Bids.
The Bidders’ representatives who are present shall sign on the Attendance
Sheet evidencing their attendance.
20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”
shall be opened and read out first and the name of the Bidder shall be read out.
Bids for which an acceptable notice of withdrawal has been submitted pursuant
to the clauses of these Instructions to Bidders, shall not be opened.
20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid
modifications, substitutions and withdrawals, the presence or absence of Bid
Security, and such other details as the Employer at its discretion may consider
appropriate, will be announced by the Employer at the Bid opening. The
Employer will record minutes of Bid opening.
Any Bid price or discount which is not recorded in Minutes of Bid opening will
not be taken into account in the evaluation of Bid. Any discount offered by the
Bidder on its quoted prices, shall only be considered if such discount is either
shown on the duly filled-in, signed and stamped Form of Bid / Letter of price bid
or on the Summary Page of the quoted amount for lump sum contract / bill of
quantities as applicable. In case of any discrepancy or difference in the rate or
amount of discount mentioned in the Form of Bid/Letter of price bid (as duly
filled-in and signed), and on the Summary Page of the Priced BOQ, the discount
shown on the Priced BOQ shall prevail. Discount if offered, through a separate
letter of discount submitted with the Bid, will not be entertained and shall be
considered null & void.
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20.4 Discounts offered for lesser period than the Bid validity shall not be considered
in evaluation.
IB.21 Clarification of Bids
21.1 To assist in the examination, evaluation and comparison of Bids, the Procuring
Agency may, at its discretion, ask the Bidder for a clarification of its Bid. The
request for clarification and the response shall be in writing and no change in
the price or substance of the Bid shall be sought, offered or permitted.
IB.22 Preliminary Examination & Determination of Responsiveness of Bids
22.2 Evaluation Committee constituted for the purpose shall make preliminary
examination and determine the responsiveness of the Bids as follows:
(a) The Evaluation Committee will examine the Bids to determine whether;
(i) The Bid is complete and does not deviate from the scope,
(ii) Any computational errors have been made,
(iii) Required sureties have been furnished,
(iv) The documents have been properly signed,
(v) The Bid is valid till required period,
(vi) The Bid prices are firm during currency of contract if it is a fixed
price bid,
(vii) Completion period offered is within specified limits,
(viii) The Bid does not deviate from basic technical requirements and
specifications mentioned for the goods (equipment); and
(ix) The Bids are generally in order.
(b) A bid is likely not to be considered, if;
(i) it is unsigned,
(ii) its validity is less than specified,
(iii) it is submitted for incomplete scope of work,
(iv) it indicates completion period later than specified,
(v) it indicates that goods and materials to be supplied do not meet
eligibility requirements / specifications,
(vi) it indicates that Bid prices do not include the amount of applicable
taxes, and
(vii) there is alteration in Form of Bid.
(c) A bid will not be considered, if;
(i) It is not accompanied with bid security,
(ii) It is received after the deadline for submission of Bids,
(iii) It is submitted through fax, telex, telegram or email,
(iv) It indicates that prices quoted are not firm during currency of the
contract whereas the Bidders are required to quote fixed price(s),
(v) The Bidder refuses to accept arithmetic correction,
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(vi) It is materially and substantially different from the Conditions /
Specifications of the Bidding Documents.
It is after review and determination of the responsiveness as per above that
further action on technical evaluation will be taken.
22.2 Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the
total price shall be corrected. If there is a discrepancy between the words and
figures the amount in words shall prevail. If there is a discrepancy between the
total Bid price entered in Form of Price Bid and the total shown in Schedule of
Prices Summary, the amount stated in the Form of Price Bid will be corrected
by the Employer in accordance with the Corrected Schedule of Prices.
If the Bidder does not accept the corrected amount of Bid, his Bid will be
rejected and his Bid Security forfeited.
22.3 The Employer / Evaluation Committee will determine the substantial
responsiveness of each Bid to the Bidding Documents. For purpose of these
Clauses, a substantially responsive Bid is one which conforms to all the terms
and conditions of the Bidding Documents without material deviations.
A material deviation or reservation is one:
(i) Which affect in any substantial way the scope, quality or performance of
the required supply and installation of goods (equipment);
(ii) Which limits in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under the
Contract; or
(iii) Whose rectification/adoption would affect unfairly the competitive
position of other Bidders presenting substantially responsive Bids.
22.4 A Bid determined as substantially non-responsive will be rejected and will not
subsequently be made responsive by the Bidder by correction of the non-
conformity.
22.5 Any minor informality or non-conformity or irregularity in a Bid which does not
constitute a material deviation may be waived by Employer, as long as the
waiver does not prejudice or affect the relative ranking of any Bidder.
IB.23 Detailed Evaluation of Bids
23.1 Only the Bids previously determined to be substantially responsive pursuant to
the clauses of these Instructions to Bidders will be evaluated and compared in
detail by the Employer / Evaluation Committee as per the requirements given
in the evaluation criteria.
23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s data
submitted with the Bid will be compared with the technical features / criteria of
the Goods / Services detailed and prescribed by the Employer in these
documents.
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23.3 Bids indicating completion beyond 10 days later than the dates set out in
Conditions of Contract shall not be considered and rejected as
non- responsive.
IB.24 Process to be Confidential
24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact
Employer / Evaluation Committee on any matter relating to its Bid from the time
of the Bid opening to the time the Bid evaluation result is announced by the
Employer.
24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the Bid
evaluation, Bid comparison or Contract Award decisions may result in the
rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a written
complaint not later than fifteen (15) days after the announcement of the Bid
evaluation result; however, mere fact of lodging a complaint shall not warrant
suspension of the procurement process.
(F) AWARD OF CONTRACT
IB.25 Post-Qualification
25.1 The Employer, at any stage of the bid evaluation, having credible reasons for
or prima facie evidence of any defect in supplier’s or contractor’s capacities,
may require the suppliers or contractors to provide information concerning their
professional, technical, financial, legal or managerial competence whether
already pre-qualified:
Provided that such qualification shall only be laid down after recording reasons
therefore in writing. They shall form part of the records of that bid evaluation
report.
25.2 An affirmative determination will be a pre-requisite for award of the Contract to
the lowest evaluated Bidder. A negative determination will result in rejection of
that Bidder’s Bid in which event, Employer will proceed to undertake a similar
determination of the next lowest evaluated Bidder’s capabilities to perform the
Contract satisfactorily.
IB.26 Award Criteria
26.1 Subject to the clauses of these Instructions to Bidders, the Employer will award
the Contract to the Bidder whose Bid has been determined to be substantially
responsive to the Bidding Documents and who has offered the lowest evaluated
Bid Price, provided that such Bidder has been determined to be qualified to
satisfactorily perform the Contract in accordance with the provisions of these
Instructions to Bidders.
IB.27 Employer’s Right to Vary Quantities
27.1 Employer reserves the right at the time of award of Contract to increase or
decrease the quantity of Goods and Services contained in the Schedule of
Prices without any change in the unit price or other terms and conditions. The
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Employer also reserves the right to delete any one or more items of goods
(equipment) and services for which the bid has been called.
IB.28 Employer’s Right to Reject Bids
28.2 Employer reserves the rights to annul the bidding process and reject all Bids,
at any time prior to award of Contract, without thereby incurring any liability to
the affected Bidders or any obligation to inform the affected Bidders of the
grounds for the Employer’s action except that the grounds for its rejection shall
upon request be communicated, to any Bidder who submitted a Bid, without
justification of grounds. Rejection of all Bids shall be notified to all Bidders
promptly.
28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the
Bid evaluation report.
IB.29 Notification of Award
29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the
Employer will notify the successful Bidder in writing (“Letter of Acceptance /
Work Order”) that his Bid has been accepted. This letter shall name the sum
which the Employer will pay the Contractor in consideration of the supply &
installation of required goods and provision of services / facility by the
Contractor as prescribed by the Contract (hereinafter and in the Conditions of
Contract called the “Contract Price”).
29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will
constitute the formation of the Contract, binding the Employer and the
successful Bidder till signing of the formal Contract Agreement (In case the
formal Contract Agreement is not signed by an act of the successful Bidder or
due to some other reason, the letter of Acceptance / Work Order as well as the
terms and conditions of these documents shall be binding and considered as
terms and conditions between the Employer and successful Bidder).
29.3 Upon furnishing by the successful Bidder of a Performance Security (if
applicable otherwise after signing of the former contract Agreement) the
Employer will promptly notify the other Bidders that their Bids have been found
unsuccessful and return their Bid securities.
IB.30 Signing of Contract Agreement
30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance /
Work Order, the successful Bidder shall submit to the Employer the Form of
Contract Agreement provided in the Bidding Documents, duly filled in and
incorporating all agreements between the parties for signing.
30.2 The formal Agreement between the Employer and the successful Bidder shall
be executed within ten (10) days of the receipt of such Form of Contract
Agreement by the Employer from the successful Bidder. The expenses for
executing the Contract Agreement shall be borne by the successful Bidder.
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(G) ADDITIONAL (SPECIAL) INSTRUCTIONS
IB.31 Instructions Importance
31.1 Bids shall be prepared and submitted in accordance with the above Instructions
to Bidders including Additional (Special) Instructions which are provided to
assist Bidders in preparing their Bids.
IB.32 Contract Documents
32.1 The Documents which will be included in the Contract are listed in the Form of
Contract Agreement set out in these Bidding Documents.
IB.33 Sufficiency of Bid
33.1 Each Bidder shall satisfy himself before bidding as to the correctness and
sufficiency of his Bid and of the rates and prices entered in the Schedule of
Prices. Except in so far as it is otherwise expressly provided in the Contract,
the rates and prices entered in the Schedule of Price shall cover all his
obligations under the Contract and all matters and things necessary for the
proper completion of the works / supply and installation of goods (equipment).
IB.34 Bidder to inform himself
34.1 The Bidder is advised to obtain for himself at his own cost and responsibility all
information that may be necessary for preparing the Bid and entering into a
Contract for execution of the works / supply and installation of goods
(equipment). This shall include but not be limited to the following:
(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.
(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.
(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.
(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.
IB.35 Alternate Proposals by Bidder
35.1 If any Bidder may considers that he can offer any advantage to the Employer
by a modification to the designs, specifications or other conditions, he may, in
addition to his Bid to be submitted in strict compliance with the Bidding
Documents, submit any Alternate Proposal(s) containing (a) technical
specifications; and (b) any other relevant details / conditions, provided always
that the total sum entered on the Form of Bid shall be that which represents
complete compliance with the Bidding Documents.
35.2 Alternate Proposal(s): The Goods / Services offered of the specifications
superior to the one specified in these Bidding Documents may be acceptable,
only if alternate proposal is from the lowest bidder.
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IB.36 Site Visit and Local Conditions
36.1 Bidder must verify and supplement by his own investigations the
information about site and local conditions. However, Employer will
assist the Bidder wherever practicable and possible.
36.2 All Bidders are required to visit the site at their own expense to review the areas
allocated for the Supply & Installation of Goods (Equipment) and the interfacing
facilities, if any. Bidders shall also study local conditions, available facilities,
communications, craft wages, roads and other transport facilities. Bidders shall
also acquaint themselves with the relevant laws, rules, and regulations of
Pakistan.
36.3 The Bidders and any of their personnel or agents will be granted permission by
the Employer to enter upon his premises and lands for the purpose of such
inspection, but only upon the express condition that the Bidders, their personnel
and agents, will release and indemnify the Employer, his personnel and agents
from and against all liability in respect thereof and will be responsible for death
or personal injury, loss of or damage to property and any other loss, damage,
costs and expenses incurred as a result of such inspection.
IB.37 Clarification of Issues
37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee
to clarify issues and to answer any questions on matters related to the Bidding
Documents.
IB.38 Integrity Pact
38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of
Instructions to Bidder in the Bidding Documents. Failure to provide such
Integrity Pact shall make the Bid non-responsive.
IB.39 General Performance of the Bidders
39.1 The Employer reserves the right to obtain information regarding performance
of the Bidders on their previously awarded contracts/works. The Employer may
in case of poor performance of any Bidder so as past record of terminated /
incomplete works of similar nature pertaining to any Government, Semi-
Government, autonomous Body or Organization, reject his bid.
(H) APPENDICES
The Appendices Instructions to Bidders are as given below, and the Bidder shall
fill in all these Appendices:
• Appendix-A: Proposed Programme of Supply.
• Appendix-B: Integrity Pact.
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Appendix-A
(Instructions to Bidders)
PROPOSED PROGRAMME OF SUPPLY.
Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing the
sequence of Supply of Furniture Items by which he proposes to complete the Work
of the entire Contract. The programme should indicate the sequences of supply and
installation of items and the period of time during which he proposes to complete the
Works for each site including the activities like supply, ordering / procurement of goods
(equipment), delivering & schedule of installation of required Goods / Services under
the Contract.
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Appendix-B
(Instructions to Bidders)
Integrity Pact
[To be filled and signed by the Bidder]
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE
Contract No.____________________ Dated
____________________
Contract Value: _________________
Contract Title: __________________
………………………………… [Name of Supplier] hereby declares that it has
not obtained or induced the procurement of any contract, right, interest,
privilege or other obligation or benefit from Government of Pakistan or
Government of the Punjab or any administrative sub division or agency thereof
or any other entity owned or controlled by Government of Pakistan or
Government of the Punjab through any corrupt business practice.
Without limiting the generality of the foregoing, [-----------------------------------
name of Supplier] represents and warrants that it has fully declared the
brokerage, commission, fees etc. paid or payable to anyone and not given or
agreed to give and shall not give or agree to give to anyone within or outside
Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe,
finder’s fee or kickback, whether described as consultation fee or otherwise,
with the object of obtaining or inducing the procurement of a contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established & controlled by the Federal / Provincial Government except that
which has been expressly declared pursuant hereto.
[-----------------------------------------------------------name of Supplier] certifies that it
has made and will make full disclosure of all agreements and arrangements
with all persons in respect of or related to the transaction with Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government and has not taken any action or
will not take any action to circumvent the above declaration, representation or
warranty.
[-----------------------------------------------------------name of Supplier] accepts full
responsibility and strict liability for making any false declaration, not making full
disclosure, misrepresenting facts or taking any action likely to defeat the
purpose of this declaration, representation and warranty. It agrees that any
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contract, right, interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other rights and remedies
available to Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government under any law, contract or other instrument, be voidable at the
option of Government of Pakistan or Government of Punjab or any autonomous
body established and controlled by Federal / Provincial Government.
Notwithstanding any rights and remedies exercised by Government of Pakistan
or Government of Punjab or any autonomous body established and controlled
by Federal / Provincial Government in this regard,
[------------------------------------------------------------name of Supplier] agrees to
indemnify Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government for any loss or damage incurred by it on account of its corrupt
business practices and further pay compensation to Government of Pakistan or
Government of Punjab or any autonomous body established and controlled by
Federal / Provincial Government in an amount equivalent to ten time the sum
of any commission, gratification, bribe, finder’s fee or kickback given by [--------
---------------------------------------------------name of Supplier] as aforesaid for the
purpose of obtaining or inducing the procurement of any contract, right, interest,
privilege or other obligation or benefit in whatsoever form from Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government.
Name of Buyer: …………………. Name of Seller/Supplier: …………..
Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]
24
SPECIAL INSTRUCTIONS TO BIDDERS
BIDDING DATA
Sr. No.
Description of Special Instructions
1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed
under PPRA Rules 2014
2 Name of the Project and Summary of the works:
Supply of Furniture Items at Tehsil Level Gymnasiums: 1. Chak Jhumra (District Faisalabad) 2. Jarranwala (District Faisalabad) 3. Shor Kot (District Jhang) 4. Hasilpur (District Bahawalpur) 5. Haroonabaad (District Bahawalnagar).
3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
4 The Client will provide the following inputs and facilities: (i). All available data.
5 Proposal must remain valid for 90 Days after the submission date, that is until:
21st May, 2020
6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
7 Bid language: English
8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.
25
9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes
10 Bidders to quote the Bid Price: in Pak Rupees
11
Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.
12
Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
Tender Document (Bidding Documents) must be submitted not later than the following date and time:
On or before 21st February, 2020 during office hours till 11:45 am
13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of Furniture Items.
14 Venue, time and date of Bid opening (Technical Proposal)
Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020
15 Period for furnishing and signing of contract agreement:
Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.
28
TECHNICAL PROPOSALS
FORM TECHNICAL PROPOSAL SUBMISSION FORM
Location: ________________ Date____________
To:
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., Supply of Furniture Items, in accordance with the Request for Proposals
(Bidding Documents) received by us in pursuance of the Tender Notice published in
daily newspapers and PPRA website. We are hereby submitting our Proposal, which
includes this Technical Proposal and a Financial Proposal sealed under separate
envelopes.
We hereby declare that all the information and statements made in this
Proposal are true and accept that any misinterpretation contained in it may lead to our
dis-qualification. We further accept that any incorrect / wrong information and
statement made in this proposal may lead to Civil and Criminal action, besides our dis-
qualification.
Our Proposal is binding upon us and subject to the modifications resulting from
Agreement negotiations.
We undertake, if our Proposal is accepted, to initiate the supply & installation
related to the assignment not later than the date indicated in Instructions to Bidders
(Bidding Data) and shall complete the work within the stipulated time period from the
date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as
prescribed in Proposals (Bidding Documents).
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
29
MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING
TECHNICAL PROPOSALS
Supply of Furniture Items
The Following Requirements / Conditions / Criteria must be fulfilled by the applicant
Bidder for submission of his Technical Proposal:
1. The Applicant / Company / Institution must be registered with Government. The
Applicant shall produce documentary proof of such registration.
2. The Applicant / Company / Institution must be registered Income Tax
Department and must produce NTN Certificate and GST registration Certificate.
3. The Applicant / Company / Institution must not be Tax defaulter or Black listed
by any Government Department, Semi Government Department or
Autonomous Body. In this regard, the applicant shall submit undertaking in
judicial stamp paper
4. The Applicant / Company / Institution must have Sound Financial Position. The
Applicant must submit his Bank Statement for the last Two Years to establish
sound Financial Position
5. The Applicant / Company / Institution must have experience of supply /
manufacturing of required items of procurement. In this regard, the applicant
shall submit the Documentary proof / copies of work orders to establish his
relevant experience
6. In case of Manufacture Bidder, he shall submit the details of his Manufacturing
Unit, complete address, Machinery description and the total Staff / Workers
employed by him. In case of Supplier Bidder, he shall submit his experience of
supplying goods to different Public Sector or Private Sector Institutions.
7. The successful Bidder shall be required to supply the required items of
Procurement at the concerned site in Punjab. The quoted price / Bid must
include the Transportation charges as well as installation charges and no
additional charges shall be paid for supply of required Items at different sites,
as directed by the Employer.
8. The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose.
30
TECHNICAL PROPOSALS
Supply of Furniture Items
EVALUATION CRITERIA
A. Mandatory Requirements:
The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:
Sr. # Mandatory Requirements Documentary Evidence Total Marks
1. Registration / Incorporation of
Contractor / Firm / Company under the laws of Pakistan.
Certificate of Contractor / Firm / Company Registration.
Mandatory
2. Valid FBR Registration. NTN Certificate Copy. Mandatory
3. Valid General Sales Tax
Registration General Sales Tax Registration
Certificate Mandatory
4. Valid Punjab Sales Tax
Registration, if applicable Punjab Sales Tax Registration
Certificate, if applicable. Mandatory
5.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be
attached.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case
of Sole Proprietorship, Affidavit should be attached.
Mandatory
6.
Undertaking that the Contractor / Firm / Company or any Partner(s) is
not blacklisted by Provincial or Federal Government Department,
Agency, Organization or autonomous body anywhere in
Pakistan.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
7.
Undertaking that the Contractor / Firm / Company or any Partner(s) of
JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any
Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent
and results of such proceedings should be mentioned in detail.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
31
Sr. # Mandatory Requirements Documentary Evidence Total Marks
8.
Adherence to time line in completion of work non-adherence without just cause shall result in imposition of
penalty.
Undertaking on Stamp Paper that the Bidder shall, within 7 days after
the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time
line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.
Mandatory
9.
Financial Soundness Sufficient Bank Balance available
with the Contractor / Firm / Company for providing the services and execution of work in time line.
Bank Statement / Audited Accounts for the last 24 months in the name of
Company / Firm is to be attached. (In case of JV / Consortium, Bank
Statements / Audited Accounts of all partners are to be attached)
Mandatory
B. Technical Proposals Scoring Criteria:
Total Marks: 100 Qualifying Marks: 70
Sr. No.
Description Marks Distribution Marks
1. Personnel Capability
(Strength of Permanent Staff).
Marks Distribution:
• Management Staff (5 Marks)
• Financial Staff (5 Marks)
• Technical Staff (5 Marks)
• Field Staff (5 Marks)
(List of names of Permanent Staff along with CVs and the proof of their
engagement with the Company / Firm should be attached).
20
32
Sr. No.
Description Marks Distribution Marks
2. Years in Business of Applicant
Firm / Company
• 10 Years & above (10 Marks)
• 7 Years upto 10 Years (7 Marks)
• 5 Years upto 7 Years (5 Marks)
• 2 Years upto 5 Years (2 Marks)
(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).
10
3. General experience in Supply of
Furniture Items.
Marks Distribution:
02 Projects (5 Marks)
03-04 Projects (10) Marks)
05 & Above Projects (15 Marks)
(List of Projects referred above along with documentary proof
should be attached).
15
4.
Experience in Supply of Furniture Items to any Government, Semi
Government or Autonomous Body established / controlled by
Government.
Marks Distribution:
01 Project (8 Marks)
02 Projects (12 Marks)
03 Projects (16 Marks)
04 & Above Projects (20 Marks)
(List of Projects referred above along with documentary proof
should be attached).
20
33
Sr. No.
Description Marks Distribution Marks
5. Financial Soundness
• Available Bank Turn Over for last 02 years.
If 1 million to less than 2 Million (5 Marks)
If 2 million to less than 5 Million (10 Marks)
If 5 million to less than 10 Million (15 Marks)
If 10 million to less than 15 Million (20 Marks)
If 15 million & above (25 Marks)
25
6. Furniture Items available with the
Applicant for supply.
List of Furniture Items available with the Applicant for supply with proof of ownership and year of
purchase / manufacturing should be attached.
(10 Marks).
10
34
TECHNICAL PROPOSALS
(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)
Supply of Furniture Items
The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement.
Sr. #
Description & Specification of Required Item Main Specifications / Features of
Goods (Equipment) offered by Supplier
1.
• Office Table Size 5’-0”x 2’-9”x 2’-6”,
• With computer side rack Size 3’-6” x 1’-6” x 2’-6” having sliding Keyboard Tray, CPU section and three lockable drawers with central locking system,
• Complete structure made of High Pressure (700-Densty) Melamine Laminated Board, Matching PVC Edging.
2.
• Revolving Chair, High Back, • Imported, • PP Padded Arms, • Nylon five star hydraulic base with Twin Disk
Casters, • Seat and Back upholstered in Black Mesh fabric.
3.
• Visitor Chair with arms,
• Mild Steel round pipe chrome plated frame,
• Seat and Back in Polyproline black shell and upholstered in black mesh fabric.
4.
• Sofa 2-Seater with Arms,
• Stainless steel round pipe feet,
• Keekar wood frame inside,
• Arms and structure upholstered in dark brown imported leatherite,
• Seat and Back upholstered in Polyproline yarn fire redundant fabric.
5.
• Center Table Size: 3’-6”×1’-9”×1’-6”,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.
6.
• Box File Cabinet Size 3’-6” x 1’-3” x 6’-0” having lockable panels with shelves,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.
35
Sr. #
Description & Specification of Required Item Main Specifications / Features of
Goods (Equipment) offered by Supplier
7.
• File Cabinet (Iron / Metallic),
• Box File Cabinet Size: 3’-0” × 1’-3” × 6’-0”
• With Lockable Panels with Shelves (Hammer Paint)
8.
• Computer Table Size: 4’-0” ×2’-6”×2’-6”,
• Having One Fix Drawer, Sliding Keyboard Tray and CPU section,
• UPS Moveable Tray 1’-6” x 10”,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging
9.
• Computer Revolving Chair,
• Imported,
• Tilt lockable mechanism,
• PP arms and Nylon star hydraulic base with Disk Casters,
• Seat and Back upholstered in black mesh fabric.
10.
• Locker Cabinet Size 3’-0” x 1’-6” x 6’-0”
• Consisting six (06) pieces, each containing six (06) lockers,
• Each Locker size 11” x 18” x 22” deep,
• Mild Steel prime quality Cold Rolled Silver Powder Coated Sheet.
11.
• Bench Three Seater without Arms,
• Mild Steel Round Pipe / Sheet Silver Powder Coated Frame,
• Seat and Back in perforated silver powder coated sheet.
12.
• Visitor Chair with Arms,
• Mild Steel Round Pipe chrome plated frame,
• Seat and Back Polyproline Black Shell and upholstered in black mesh fabric.
Note: -
The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose
Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.
37
FORM - FINANCIAL PROPOSAL SUBMISSION FORM
Location----------------------------Date----------------------------
To: [Name and address of Employer]
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., “Supply of Furniture Items” in accordance with Tender Document
(Bidding Documents) received by us in pursuance of the Tender Notices Published in
Daily Newspaper and PPRA website. Our attached Financial Proposal is for the sum
of:
--------------------------------------------------------------------------------------------------------------
[Insert amount(s) in words and figures].
This amount is inclusive of all the applicable taxes.
Our Financial Proposal shall be binding upon us subject to the modifications
resulting from Agreement negotiations, up to expiration of the validity period of the
Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).
No commissions or gratuities have been or are to be paid by us to agents
relating to this Proposal and Agreement execution.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]: ________________________________
Name and Title of Signatory: __________________________________________
Name of Firm: _____________________________________________________
Address: __________________________________________________________
38
FORM - SUMMARY OF COSTS
Sr. # Description of Required Item Rate Per Unit
inclusive all applicable Taxes (In Rs.)
1.
• Office Table Size 5’-0”x 2’-9”x 2’-6”,
• With computer side rack Size 3’-6” x 1’-6” x 2’-6” having sliding Keyboard Tray, CPU section and three lockable drawers with central locking system,
• Complete structure made of High Pressure (700-Densty) Melamine Laminated Board, Matching PVC Edging.
2.
• Revolving Chair, High Back, • Imported, • PP Padded Arms, • Nylon five star hydraulic base with Twin
Disk Casters, • Seat and Back upholstered in Black Mesh
fabric.
3.
• Visitor Chair with arms,
• Mild Steel round pipe chrome plated frame,
• Seat and Back in Polyproline black shell and upholstered in black mesh fabric.
4.
• Sofa 2-Seater with Arms,
• Stainless steel round pipe feet,
• Keekar wood frame inside,
• Arms and structure upholstered in dark brown imported leatherite,
• Seat and Back upholstered in Polyproline yarn fire redundant fabric.
5.
• Center Table Size: 3’-6”×1’-9”×1’-6”,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.
6.
• Box File Cabinet Size 3’-6” x 1’-3” x 6’-0” having lockable panels with shelves,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.
39
Sr. # Description of Required Item Rate Per Unit
inclusive all applicable Taxes (In Rs.)
7.
• File Cabinet (Iron / Metallic),
• Box File Cabinet Size: 3’-0” × 1’-3” × 6’-0”
• With Lockable Panels with Shelves (Hammer Paint)
8.
• Computer Table Size: 4’-0” ×2’-6”×2’-6”,
• Having One Fix Drawer, Sliding Keyboard Tray and CPU section,
• UPS Moveable Tray 1’-6” x 10”,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging
9.
• Computer Revolving Chair,
• Imported,
• Tilt lockable mechanism,
• PP arms and Nylon star hydraulic base with Disk Casters,
• Seat and Back upholstered in black mesh
fabric.
10.
• Locker Cabinet Size 3’-0” x 1’-6” x 6’-0”
• Consisting six (06) pieces, each containing six (06) lockers,
• Each Locker size 11” x 18” x 22” deep,
• Mild Steel prime quality Cold Rolled Silver Powder Coated Sheet.
11.
• Bench Three Seater without Arms,
• Mild Steel Round Pipe / Sheet Silver Powder Coated Frame,
• Seat and Back in perforated silver powder coated sheet.
12.
• Visitor Chair with Arms,
• Mild Steel Round Pipe chrome plated frame,
• Seat and Back Polyproline Black Shell and upholstered in black mesh fabric.
41
FORM OF CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______
day of ______________________ (month) 2020, between _________________________
_____________________________________(hereafter called the “Employer”) of the one
part and ____________________________________________ (hereafter called the
“Contractor”) of the other part.
WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of
Furniture Items should be carried out / executed by the Contractor and has accepted a Bid
of the Contractor for the execution and completion of such Works and the remedying of any
defects therein.
NOW this Agreement witness as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents after incorporating addenda, if any except those parts relating
to Instructions to Bidders, shall be deemed to form and be read and construed as part
of this Agreement, viz:
(a) Contract Agreement.
(b) Letter of Acceptance (Work Order).
(c) The completed Form of Request for Proposals (Bidding Documents)
(d) The Conditions of Contract and Special Conditions of Contract.
(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.
3. The Procurement of Furniture Items should be as per specifications mentioned in
Tender Document (Bidding Documents). If the material provided by the Contractor will
not meet the specification as per aforesaid requirement, then necessary action will be
taken against the Contractor as provided under law.
4. With reference to Tender Document (Bidding Documents) mutually agreed between
the Employer and Contractor relevant copies of the Request for Proposals (Bidding
Documents) attached to this contract / agreement are;
(a) “Financial Proposals” of Bidding Documents.
(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.
5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete
consignment under contract agreement. Final Payment shall be made on completion
of work (supply of all Goods / Services) and fulfillment of all terms and conditions of
contract and submission of Guarantee as required under the Special Conditions of
Contract. No other charges to be paid after the full payment.
6. Tender Document (Bidding Documents) of the subject procurement shall be
considered part of the Contract Agreement.
42
7. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy defects herein in conformity and in all respects
with the provisions of the Contract.
8. The Employer hereby covenants to pay the Contractor, in consideration of the
execution and completion of the Works as per provisions of the Contract, at the times
and in the manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the ----------------------------------------------------------
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day, month and year first before written in accordance with their respective laws.
Signature of the Contactor Signature of Employer
_______________________________ _______________________________
(Seal) (Seal)
Signed, Sealed and Delivered in the presence of:
Witness: Witness:
_______________________________ _______________________________
(Name, Title and Address) (Name, title and Address)
43
CONDITIONS OF CONTRACT
Definitions and Interpretations
1.2 Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have
the meanings hereby assigned to them:
1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work
Order).
1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of
Contract.
1.1.3 "Contract" means the agreement between the Employer and the Contractor
for the execution of the Works incorporating the Conditions, Specifications,
Tender, Letter of Acceptance (Work Order) and such further documents as may
be expressly incorporated by the Letter of Acceptance (Work Order). Any
subsequent documents mutually agreed and signed by the Employer and the
Contractor shall be the part of the Contract.
1.1.4 "Contract Agreement" means the documents recording the terms of the
Contract between the Employer and the Contractor.
1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work
Order) as payable to the Contractor for the Supply, Installation, Execution and
Completion of the Works subject to such additions thereto or deductions
therefrom as may be made under the provisions of hereinafter contained and
remedying of any defects therein in accordance with the provisions of the
Contract.
1.1.6 "Contractor" means the person whose bid has been accepted by the
Employer and the legal successors in title to the Contractor but not (except with
the consent of the Employer) any assignee of the Contractor.
1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and
operation & maintenance manuals to be submitted by the Contractor.
1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement
Committee for satisfactory execution of work / supply & installation of Goods in
accordance with these Conditions of Contract.
1.1.9 "Defects Liability Period" means one year following taking over (issuing date
of Receipt Certificate), during which the Contractor is responsible for making
good defects and damage in accordance with the Conditions of Contract.
1.1.10 “Employer" means the person named as such in the Form of Contract and the
legal successors in title to the Employer but not (except with the consent of the
Contractor) any assignee of the Employer.
44
1.1.11 "Employer's Drawings" means all the drawings, information and
specifications provided by the Employer to the Contractor under the Contract.
1.1.12 "Employer's Risks” means those risks defined in these Conditions of
Contract.
1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of
Contract.
1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation
of the most elementary rules of diligence which a conscientious contractor in
the same position and under the same circumstances would have followed.
1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the
formal acceptance by the Employer of the Tender incorporating any
adjustments or variations to the Tender agreed between the Employer and the
Contractor.
1.1.16 "Retention Money" means the security to be deducted from the payable
amounts of the Contractor in accordance with the terms and conditions of the
Contract.
1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all
things to be provided under the Contract.
1.1.18 "Site" means the place or places, provided or made available by the Employer
where work is to be done by the Contractor or to which Goods are to be
delivered / installed / fixed, together with so much of the area surrounding the
same as the Contractor shall with the consent of the Employer use in
connection with the Works otherwise than merely for the purposes of access.
1.1.19 "Specification" means the specification of the Goods included in the
Pre-Qualification Notice / Documents for Pre-Qualification / Request for
Proposals (Bidding Documents) / Contract and any modification thereof made
in accordance with the Conditions of Contract.
1.1.20 “Procurement Committee” means a Committee constituted by the Employer
to perform the functions as such under the terms and conditions of Contract.
1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee” means a Committee constituted by the Employer to perform the
functions as such under the terms and conditions of Contract.
1.1.22 “Finance Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.23 “Verification Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement
Committee to the Contractor in accordance with these Conditions of Contract.
45
1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods
and its Installation / Fixation. The word “Tender” is synonymous with the word
“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request
for Proposals” including financial proposal and technical proposal.
1.1.26 "Inspection on Completion" means the tests / inspections specified in the
Contract or otherwise agreed by the Procurement Committee and the
Contractor to be performed before the goods / services / works are taken over
by the Employer.
1.1.27 "Time for Completion" means the time stated in the Contract / Bidding
Documents for completing the Works. The time for completion shall be
calculated from the Commencement Date to the issuance of Receipt Certificate
by the Procurement Committee of the Directorate General Sports / Sports
Board Punjab.
1.1.28 "Variation Order" means any written order, identified as such, issued to the
Contractor by the Procurement Committee under the Conditions of Contract.
1.1.29 "Works" means all supply, installation of Goods and Services to be
provided, installed / fixed and work to be done by the Contractor under
the Contract.
1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for replacing any
defective Goods / Equipments during the specified Guarantee period, which
should commence after “Receipt Certificate”.
1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for making good any
defective Goods / Equipments during the specified Warranty period, which
should commence after “Receipt Certificate”.
1.3 Periods
In these Conditions "days" means calendar day and "year" means 365 days.
2.1 Assignment
The Contractor shall not assign the Contract or any part of his obligations under the
Contract. A charge in favour of the Contractor's bankers of any monies due under the
Contract shall not be considered an assignment.
3.1 Subcontracting
The Contractor shall not subcontract the part or whole of the Works.
46
4.3 Day to Day Communications
The language for day to day communications is stated in the Preamble.
4.4 Priority of Contract Documents
Unless otherwise provided in the Contract, the priority of the Contract documents shall
be as follows:
1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.
5.2 General Obligations
a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.
b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.
Contract Agreement
6.2 Contract Agreement
The Contractor shall, if called upon so to do, execute a Contract Agreement recording
all the terms of the Contract, to be prepared by and completed.
6.3 Sufficiency of Contract Price
The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:
(a) All the conditions and circumstances affecting the Contract Price,
(b) The possibility of carrying out the Works as described in the Contract,
(c) The general circumstances at the Site and
(d) The general labour position at the Site.
6.4 Physical Obstructions and Conditions
If during the execution of the Works on Site, the Contractor encounters physical
obstructions or conditions of the kind stipulated in these Conditions of Contract, the
Contractor shall be entitled to recover such additional cost incurred in consequence.
The Procurement Committee shall certify and there shall be added to the Contract
Price the additional cost, after approval by the Employer.
Contractor's Representative
7.12 Contractor's Representative
The Contractor shall employ one or more competent representatives to superintend
the carrying out of the Works on Site. They shall be fluent in the language for day to
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day communications. Their names shall be communicated in writing to the
Procurement Committee before work (supply and installation of Goods) on Site begins.
Any instruction or notice which the Employer give to the Contractor's representative
shall be deemed to have been given to the Contractor.
7.13 Objection to Contractor's Employees
The Contractor shall, upon the Employer’s written instruction, remove from the Works
any person employed by him in the execution of the Works, who misconducts himself
or is incompetent or negligent.
7.14 Safety Precautions
The Contractor shall observe all applicable regulations regarding safety on the Site.
Unless otherwise agreed, the Contractor shall, from the commencement of work on
Site till taking over by the Employer, provide:
(a) Fencing, lighting, guarding and watching of the Works, and
(b) Temporary roadways, footways, guards and fences which may be necessary
for the accommodation and protection of owners and occupiers of adjacent
property, the public and others.
In order to provide for the safety, health and welfare of persons, and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the safety requirements of the
Government of Pakistan with such modifications thereto as the Procurement
Committee may authorize or direct and the Contractor shall take or cause to be taken
such further measures and comply with such further requirements as the Procurement
Committee may determine to be reasonably necessary for such purpose.
The Contractor shall make, maintain, and submit reports to the Procurement
Committee concerning safety, health and welfare of persons and damage to property
as the Procurement Committee may from time to time prescribe.”
7.15 Electricity Water and Gas
The Contractor shall be responsible for making his own arrangements for the adequate
supply of electricity, water and gas required for the effective performance of his
obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled
to use for the purposes of the Works such supplies and services as may be available
on the Site. The Contractor shall, before the commencement of the work at Site, seek
the approval of the Procurement Committee as to his detailed requirements of
electricity, water and gas for the entire Contract period. The Contractor shall pay the
Employer at the rates / cost incurred by the Employer. The Contractor shall at his own
cost provide any apparatus necessary for such use”. The contractor will bear the cost
of distribution network for electricity, potable water, telephone, gas and their
consumption by his own personnel for the purpose of the work.
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7.16 Employer's Equipment
The Employer may, if the Contractor so requests for the execution of the works,
operate any available equipment of the Employer. The Contractor shall pay the
Employer a mutually agreed price for such use.
The Employer shall during such operation retain control of and be responsible for the
safe working of the equipment. In case of any damage / loss by the Contractor, such
loss shall be made good by the Contractor.
7.17 Clearance of Site
The Contractor shall from time to time during the progress of the Works clear away
and remove all surplus materials and rubbish. On completion of the Works, the
Contractor shall remove all Contractor's Equipment and leave the whole of the Site
and the Works clean and in a workmanlike condition, to the satisfaction of the
Procurement Committee.
7.18 Authority for Access
No persons other than the employees of the Contractor shall be allowed on the Site
except with the consent of the Procurement Committee.
Facilities to inspect the Works shall at all times be afforded by the Contractor to the
Procurement Committee, the Employer's representatives, authorities and officials.
7.19 Information for Import Permits and Licenses
The Contractor shall submit to the Employer in good time such details of all Goods /
Equipment to be imported into Pakistan.
7.20 Compliance with Statutes, Regulations
The Contractor shall, in all matters arising in the performance of the Contract, comply
in all respects with, give all notices and pay all fees required by the provisions of any
National or State Statute, Ordinance or other law or any Regulation or Bye-law of any
duly constituted authority.
7.21 Compliance with Laws
The Contractor shall comply with the laws of Pakistan where the Goods are to be
installed / fixed.
7.22 Photographs of Works and Advertisement Prohibited
Except with the prior written authorization of the Employer, the Contractor shall not
exhibit or permit to be exhibited and Photographs or advertisement on the Works.
Obligations of the Employer
8.2 Access to and Possession of the Site
The Employer shall in reasonable time grant the Contractor access to and possession
of the Site, which may, however, not be exclusive to the Contractor.
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8.6 Consents and Way leaves
The Employer shall in due time obtain or grant all consents including permits-to-work,
way leaves and approvals required for the Works.
8.7 Import Permits and Licenses
The Employer shall issue permissions, letters, certificates and provide such other
assistance to the Contractor for his obtaining permits-to-work, way leaves and
approvals from any other department / authority and right of way from private owners,
if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.
8.8 Records of Safety and Health
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of persons and damage to property as the Procurement Committee
may from time to time prescribe.
8.9 Reporting of Accidents
The Contractor shall report to the Procurement Committee details of any accident as
soon as possible after its occurrence. In the case of any fatality or serious accident,
the Contractor shall, in addition to appropriate action required under the law, notify the
Procurement Committee immediately by the quickest available means.
9.5 Sample Testing
Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee shall inspect, examine and test a sample of each item of Goods
/ Materials (Sports items) to be supplied under the Contract. The supply and installation
of all Goods shall be subject to the approval of sample by the said Committee.
9.6 Inspection and Testing During Installation
The Procurement Committee shall be entitled during installation / fixation to inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. This shall take place on the Contractor's
premises during working hours.
No such inspection, examination or testing shall release the Contractor from any
obligation under the Contract.
9.7 Independent Inspection
Verification Committee of Sports Board Punjab, during installation, may inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. For this purpose, such independent
inspection shall be considered as Procurement Committee’s inspection.
The inspection and testing of the materials supplied / installed under the Contract shall
be carried out by the Procurement Committee which shall, after satisfaction, issue the
Certificate of Receipt.
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9.8 Date for Inspection and Testing
The Procurement Committee or Verification Committee shall give the Contractor 24
hours notice of his intention to attend the inspection / tests. The Contractor shall
provide such assistance, labour materials, electricity, fuel, stores, apparatus and
instruments as may be necessary to carry out the inspection / tests efficiently.
10.2 Rejection
If, as a result of the inspection, examination or testing as referred in the above stated
Clause, the Procurement Committee or Verification Committee of the Sports Board
Punjab decides that any Goods is defective or otherwise not in accordance with the
Contract, it may reject such Goods and shall notify the Contractor thereof immediately.
The notice shall state the Procurement Committee’s or Verification Committee’s
objections with reasons.
The Contractor shall then with all speed make good the defect or ensure that any
rejected Goods complies with the Contract.
If the Procurement Committee or Verification Committee requires such Goods to be
retested, the tests shall be repeated under the same terms and conditions. All costs
incurred by the Employer by the repetition of the tests shall be deducted from the
Contract Price.
Suspension of Works or Delivery
11.6 Order to Suspend
The Procurement Committee or the Employer may at any time instruct the Contractor to:
(a) Suspend progress of the Works, or
(b) Suspend delivery of Goods or Contractor's Equipment which is ready for
delivery to the Site at the time for delivery or if no time is specified, at the time
appropriate for it to be delivered, or
(c) Suspend the installation of Goods which has been delivered to the Site.
When the Contractor is prevented from delivering or installing Goods, it shall be
deemed that Procurement Committee or the Employer has instructed a suspension,
except when such prevention is caused by the Contractor's default.
The Contractor shall, during suspension period, protect and secure the Works or
Goods at the Site, as the case may be, against any deterioration, loss or damage.
11.7 Cost of Suspension
The additional cost incurred by the Contractor in protection, securing and insuring the
Works or Goods and in following the Procurement Committee’s or Verification
Committee’s instructions and in resumption of the work, shall be added to the Contract
Price. Such additional cost shall be determined by the Procurement Committee and
approved by the Employer.
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The Contractor shall not be entitled to be paid any additional costs if such suspension
is necessary by reason of a default on the part of the Contractor.
The Contractor shall not be entitled to additional costs unless he notifies the
Procurement Committee or Employer of his intention to make such claim, within twenty
eight (28) days after receipt of the order to suspend progress or delivery or installation.
11.8 Payment in Event of Suspension
The Contractor shall be entitled to payment for Goods which has not been delivered to
Site if the work on Goods or delivery of Goods has been suspended for more than
twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall
be entitled to payment of the value as determined by the Procurement Committee.
A Certificate of payment shall be issued on condition that:
(a) The Contractor has marked the Goods as the Employer's property in
accordance with the Procurement Committee’s instructions, and
(b) The suspension is not due to the Contractor's default.
11.9 Prolonged Suspension
If suspension under above Clause, has continued for more than eighty four (84) days,
and the suspension is not due to the Contractor's default, the Contractor may, by notice
to the Procurement Committee or the Employer, require permission to proceed within
twenty eight (28) days.
If permission is not granted within that time, the Contractor may treat the suspension
as an omission under the Conditions of Contract or if the suspension affects the whole
of the Works, terminate the Contract.
11.10 Resumption of Work
If the Contractor chooses not to treat prolonged suspension as an omission or
termination under the Conditions of Contract, the Employer shall upon the request of
the Contractor, take over the responsibility for protection, storage, security and
insurance of the suspended Works and of the Goods which has been delivered to the
Site, and risk of loss or damage thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor, shall after due notice
to the Procurement Committee, examine the Works and the Goods affected by the
suspension. The Contractor shall make good any deterioration or defect in or loss of
the Works or Goods that may have occurred during the suspension. Cost properly
incurred by the Contractor which would not have been incurred but for the suspension
shall be added to the Contract Price.
The Contractor shall not be entitled to payment for costs incurred in making good any
deterioration, defect or loss caused by faulty workmanship or materials or by the
Contractor's failure to take the measures for protecting and securing the Works or
Goods during suspension.
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Completion
12.4 Time for Completion
The Works (Supply and Installation of Goods) at the specified place of the work
mentioned in the Conditions of Contract / Bidding Documents shall be completed,
tested and commissioned within the stipulated period mentioned in Conditions of
Contract / Bidding Documents.
12.5 Extension of Time for Completion
The Contractor may claim an extension of the Time for Completion if he is or will be
delayed in completing the Works by any of the following causes:
(a) Extra or additional work ordered in writing under Conditions of Contract,
(b) Exceptional adverse weather conditions,
(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,
(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,
(e) The failure of the Employer to fulfill any of his obligations under the Contract,
(f) Delay by any other contractor engaged by the Employer,
(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,
(h) Force Majeure.
The Contractor shall give to the Employer or Procurement Committee notice of his
intention to make a claim for an extension of time within fourteen (14) days of the
circumstances for such a claim becoming known to the Contractor. The notice shall be
followed as soon as possible by the claim with full supporting details.
The Employer or the Procurement Committee, after due consultation with the
Employer, shall grant the Contractor from time to time, either prospectively or
retrospectively, such extension of Time for Completions as may be justified. In case of
time extension by Procurement Committee, it shall notify the Employer and the
Contractor accordingly.
The Contractor shall be entitled to such extension whether the delay occurs before or
after the Time for Completion.
12.6 Delay in Completion
If the Contractor fails to deliver the Works or any part thereof, within the stipulated time
period under the Conditions of Contract or fails to complete the whole of the Work, or,
if applicable, any Section thereof within the relevant time prescribed by Conditions of
Contract, then the Contractor shall pay to the Employer the relevant sum stated herein
below as liquidated damages for such default (which sum shall be the only moneys
due from the Contractor for such default) for every day or part of a day which shall
elapse between the relevant time for Delivery or Time for Completion and the actual
date of delivery at site or the date stated in a Receipt Certificate of the whole of the
Works or the relevant Section, as the case may be, subject to the applicable limit stated
herein below.
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The Employer may deduct the amount of such damages from any monies due or to
become due to the Contractor. The payment or deduction of such damages shall not
relieve the Contractor from his obligation to complete the Works, or from any other of
his obligations and liabilities under the Contract.
The liquidated damages for each day of delay and the maximum amount of liquidated
damages shall be the amounts mentioned in the Special Conditions of Contract
(Special Stipulations).
Taking Over
13.3 Taking Over
The Works shall be deemed “taken over by the Employer” when they have been
completed in accordance with the Contract, have passed the Inspection Tests on
Completion, Procurement Committee has issued the Inspection Certificate and a
Receipt Certificate has been issued or deemed to have been issued in accordance
with Conditions of Contract.
13.4 Receipt Certificate
The Contractor may apply by notice to the Procurement Committee for a Receipt
Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's
opinion, be complete and ready for taking over.
The Procurement Committee shall within twenty eight (28) days after the receipt of the
Contractor's application either:
(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance
Committee stating the date on which the Works were complete and ready for
taking over, or
(b) Reject the application giving his reasons and specifying the work required to
be done by the Contractor to enable the Receipt Certificate to be issued.
If the Procurement Committee fails either to issue the Receipt Certificate or to reject
the Contractor's application within the period of twenty eight (28) days, the Contractor
shall give notice to the Employer. In case no action is taken by the Employer to issue
the Receipt Certificate or reject the Contractor’s application within the period of twenty
eight (28) days, it shall be deemed that Procurement Committee has issued the
Receipt Certificate on the last day of Contractor’s notice time period before the
Employer.
Defects after Taking Over
14.8 Defects Liability Period
Defects Liability Period shall be as mentioned in the Special Conditions of Contract
(Special Stipulations). The Contractor shall be responsible of making good any defect
in or damage to any part of the Goods / Installation of Goods which may appear or
occur during the Defects Liability Period and which arises from, either:
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(a) Any defective equipment, materials, workmanship or design, or
(b) Any act or omission of the Contractor during the Defects Liability Period.
The Contractor shall make good the Defects or damage as soon as practicable and at
his own cost.
14.9 Notice of Defects
If any such defect appears or damage occurs, the Employer or the Procurement
Committee shall forthwith notify the Contractor thereof.
14.10 Extension of Defects Liability Period
The provision of this Clause shall apply to all replacements or renewals carried out by
the Contractor as if the replacements and renewals had been taken over on the date
they were completed.
The Defects Liability Period for the Works shall be extended by a period equal to the
period during which the Works cannot be used by reason of a defect or damage. If only
part of the Works cannot be used by reason of a defect, the Defect Liability Period shall
be extended only for that part.
In neither case shall the Defects Liability Period be extended by further more than one
year.
When installation or delivery of Goods has been suspended under the Conditions of
Contract, the Contractor's obligations under this Clause shall not apply to any defects
occurring more than three years after it would have been delivered but for the
suspension or such period as may be mutually agreed period.
14.11 Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a reasonable time fixed by
the Procurement Committee, the Employer may fix a final time for remedying the defect
or damage.
If the Contractor fails to do so, the Employer may:
(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or
(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or
(c) If the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works (supply and installation of
Goods) or a part thereof, he may terminate the Contract in respect of such parts
of the Works as cannot be put to the intended use. The Employer shall to the
exclusion of any remedy under the Conditions of Contract be entitled to recover
all sums paid in respect of such parts of the Works together with the cost of
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dismantling the same, clearing the Site and returning Goods to the Contractor
or otherwise disposing of it in accordance with the Contractor's instructions.
14.12 Removal of Defective Work
If the defect of damage is such that repairs cannot be expeditiously carried out on the
Site, the Contractor may with the consent of the Procurement Committee or the
Employer remove from the Site for the purposes of repair any part of the Goods /
Equipment which is defective or damaged.
14.13 Right of Access
Until the Final Payment has been made, the Contractor shall have the right of access
to all parts of the Works and to records of the working and performance of the Works.
14.14 Guarantee / Warranty Period
When the Guarantee / Warrantee Period for the Goods or any part thereof has expired
and the Contractor has fulfilled all his obligations under the Contract, Procurement
Committee shall issue within twenty eight (28) days to the Employer and the Contractor
a Guarantee / Warranty Relieving Certificate to that effect.
Variations
15.4 Employer and Procurement Committee’s Right to Vary
The Employer or Procurement Committee may, by Variation Order to the Contractor
at any time before the Works are taken over, instruct the Contractor to alter, amend,
omit, add to or otherwise vary any part of the Works (supply and installation of Goods).
The Contractor shall not vary or alter any of the Works, except in accordance with a
Variation Order from the Employer or Procurement Committee.
15.5 Variation Order Procedure
Prior to any Variation Order under Clause referred to above, the Employer or
Procurement Committee, as the case may be, shall notify the Contractor of the nature
and form of such variation.
Following the receipt of the Contractor's submission, the Procurement Committee
shall, after due consultation with the Employer and the Contractor, decide as soon as
possible whether or not the variation shall be carried out.
If the Procurement Committee decides that the variation shall be carried out, he shall
issue a Variation Order clearly identified as such in accordance with the Contractor's
submission or as modified by agreement.
15.6 Contractor to Proceed
On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the
variation and be bound to these Conditions in so doing as if such variation was stated
in the Contract. The delivery time may be extended by mutual consent of the parties,
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as a result of Variation Order. The work shall not be delayed pending the granting of
an extension of the Time for Completion.
Ownership of Goods
16.2 Ownership of Goods
Goods (Equipment) to be supplied pursuant to the Contract shall become the property
of the Employer at the time whichever is the earlier of the following times:
(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled
to payment of the value of the Goods.
Certificates and Payment
17.7 Terms of Payment
The terms of payment shall be as stated in the Form of Contract Agreement.
17.8 Method of Application
The Contractor shall submit to the Finance Committee of Directorate General Sports /
Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in
such form as the Finance Committee may from time to time prescribe.
The Finance Committee shall examine such Invoices within fourteen (14) days after
receiving Invoices. If the invoice amount is not accepted by the Finance Committee,
the disputed amount which is retained, shall be communicated, giving the reasons in
writing, to the Contractor within the same time.
17.9 Corrections to Invoices of Payment
The Finance Committee may in any invoice of payment make any correction or
modification that should properly be made in respect of any previous invoice.
17.10 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any
condition of Contract, be paid by the Employer to the Contractor by verifying the
payment within thirty (30) days of the receipt of such invoice. In case of the Final
Payment, it shall be paid by verifying the payment within sixty (60) days after receipt
of Final Bill / Invoice from the Contractor.
Deduction shall be made from the net amounts payable to the Contractor of any sum(s)
in accordance with the prevalent Federal and / or Provincial laws, provided that no
such deduction shall be made from those payments in respect of which the Contractor
has obtained exemption under the Law.
17.11 Withholding of Payment
If the Works or any parts thereof are not being carried out to the Procurement
Committee’s satisfaction and in order to protect the Employer from loss on account of:
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(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the
Government
The Finance Committee may notify withholding of such payments or part thereof as
may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons
/ grounds for withholding the payment are removed by the Contractor, the Finance
Committee shall upon being satisfied to that effect release payment.
17.12 Invoices and Receipts
The Contractor shall, when required by the Employer / Finance Committee, produce
quotations, invoices, vouchers and accounts or receipts in connection with expenditure
in respect of Provisional Sums.
Risk and Responsibility
18.8 Allocation of Risk and Responsibility
The Risks of loss or damage to physical property and of death and personal injury
which arise in consequence of the performance of the Contract shall be allocated
between the Employer and the Contractor as follows:
(a) The Employer: the Employer’s Risks as specified herein below.
(b) The Contractor: the Contractor's Risks as specified herein below.
18.9 Employer's Risks
“The Employer's Risks are:
(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;
(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;
(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.
(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.
18.10 Contractor's Risks
The Contractor's Risks are all risks other than those identified as the Employer's Risks.
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18.11 Contractor's Responsibility for the Care of the Works
The Contractor shall be responsible for the care of the Works / Goods or any Section
thereof from the Commencement until the Delivery Date (issuing date of Certificate of
Receipt) applicable thereto under the Conditions of Contract.
The Contractor shall also be responsible for the care of any part of the Works / Goods
upon which any outstanding work is being performed by the Contractor during the
Defects Liability Period until completion of such outstanding work.
18.12 Risk Transfer Date
The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a
Section thereof is the earliest of either:
(c) The date of issue of the Receipt Certificate, or
(d) The date of expiry of the notice of termination when the Contract is terminated
by the Employer or the Contractor in accordance with these Conditions.
18.13 Loss or Damage before Risk Transfer Date
Loss of or damage to the Works (Supply and Installation of Goods) or any Section
thereof occurring before the Risk Transfer Date shall:
(c) To the extent caused by any of the Contractor's Risks, be made good forthwith
by the Contractor at his own cost, and
(d) To the extent caused by any of the Employer's Risks, be made good by the
Contractor at the Employer's expense if so required by the Procurement
Committee within twenty eight (28) days after the occurrence of the loss or
damage. The price for making good such loss and damage shall be in all
circumstances reasonable and shall be agreed by the Procurement Committee
and the Contractor, or in the absence of agreement, shall be fixed by
Procurement Committee in consultation and approval of the Employer.
18.14 Loss or Damage after Risk Transfer Date
After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage
to any part of the Works shall, except in the case of Gross Misconduct, be limited:
(a) To the fulfillment of the Contractor's obligations under the Conditions of
Contract in respect of defects therein, and
(b) To making good forthwith loss or damage caused by the Contractor during the
Defects Liability Period.
Damage to Property and Injury to Persons
19.4 Contractor's Liability
Except as provided under Clause referred to above, the Contractor shall be liable for
and shall indemnify the Employer against all losses, expenses and claims in respect
of any loss of or damage to physical property (other than the Works), death or personal
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injury occurring before the issue of the last Defects Liability Certificate to the extent
caused by:
(a) Defective design, material or workmanship of the Contractor, or
(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.
19.5 Employer's Liability
The Employer shall be liable for and shall indemnify the Contractor against all losses,
expenses or claims in respect of loss of or damage to any physical property or of death
or personal injury whenever occurring, to the extent caused by any of the Employer's
Risks.
19.6 Accidents
The Contractor shall be liable for and shall indemnify the Employer against all losses,
expenses or claims arising in connection with the death of or injury to any person
employed by the Contractor for the purposes of the Works (Supply and Installation of
Goods), unless caused by any acts or defaults of the Employer, or other contractors
engaged by the Employer or by their respective employees or agents. In the later
cases, the Employer shall be liable for and shall indemnify the Contractor against all
losses, expenses and claims arising in connection therewith.
Force Majeure
20.6 Definition of Force Majeure
Force Majeure means any circumstances beyond the control of the parties, including
but not limited to:
(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,
(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,
(c) Rebellion, revolution, insurrection, military or usurped power and civil war,
(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.
20.7 Effect of Force Majeure
Neither party shall be considered to be in default or in breach of his obligations under
the Contract to the extent that performance of such obligations is prevented by any
circumstances of Force Majeure which arise after the date of the Letter of Acceptance
(Work Order) or the date when the Contract becomes effective, whichever is the
earlier.
20.8 Notice of Occurrence
If either party considers that any circumstances of Force Majeure have occurred which
may affect performance of his obligations he shall promptly notify the other party and
the Procurement Committee thereof.
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20.9 Performance to Continue
Upon the occurrence of any circumstances of Force Majeure, the Contractor shall
endeavour to continue to perform his obligations under the Contract so far as
reasonably practicable. The Contractor shall notify the Procurement Committee of the
steps he proposes to take including any reasonable alternative means for performance
which is not prevented by Force Majeure. The Contractor shall not take any such steps
unless directed so to do by the Procurement Committee.
20.10 Payment on Termination for Force Majeure
If the Contract is terminated under above referred Clause, the Contractor shall be paid
the value of the work done.
Default
21.4 Notice of Default
If the Contractor is not executing the Works in accordance with the Contract or is
neglecting to perform his obligations there under so as seriously to affect the carrying
out of the Works, the Employer or Procurement Committee may give notice to the
Contractor requiring him to make good such failure or neglect.
21.5 Contractor's Default
If the Contractor:
(a) Has failed to comply within a reasonable time with a notice under Clause
referred to above, or
(b) Assigns the Contract or subcontracts the Works without the Employer's written
consent, or
(c) Becomes bankrupt or insolvent, has a receiving order made against him or
compounds with his creditors, or carries on business under a receiver, trustee
or manager for the benefit of his creditors or goes into liquidation.
The Employer may, after having given seven (7) days notice to the Contractor,
terminate the Contract and expel the Contractor from the Site.
Any such expulsion and termination shall be without prejudice to any other rights or
powers of the Employer or Procurement Committee under the Contract.
The Employer may upon such termination complete the Works (supply and installation
of Goods) himself or by any other contractor, at the risk & cost of the Contractor.
21.6 Payment after Termination
The Employer shall not be liable to make any further payments to the Contractor until
the Works have been completed. When the works are so complete, the Employers
shall be entitled to recover from the Contractor the extra costs, if any, of completing
the Works. The contractor shall be allowed only such sum for the value of Works done
by him prior to termination of contract and certified by the Procurement Committee.
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Customs / Import Duties and Other Taxation
22.3 Customs / Import Duties and other Taxation
The Contractor shall pay all customs, import duties and taxes in consequence of the
importation of Goods. The rates and prices quoted by the Contractor in the Financial
Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,
Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well
as fees charge for services provided under this Contract. The taxation is leviable as
per Income Tax Laws issued by the Government of Pakistan and applicable laws of
the Country.
22.4 Clearance through Customs
The Contractor shall be responsible for clearance of all Goods to be supplied under
the Contract. However, the Employer may assist the Contractor in obtaining clearance
through the customs of Goods.
Notices
23.4 Notices to Contractor
All certificates, notices or written orders to be given to the Contractor by the Employer
or the Procurement Committee under these Conditions shall be sent by either of the
means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's
principal place of business or such other address as the Contractor shall nominate for
that purpose, or may be handed over to the Contractor's representative.
23.5 Notice to Employer and Procurement Committee or Finance Committee or
Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee
Any notice to be given to the Employer or to the Procurement Committee / Finance
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee under these Conditions shall be sent by Airmail Post, Courier Service, or
to be delivered & got received at the respective addresses nominated for that purpose
by the Employer in the Form of Contract.
23.6 Minutes of Meetings
Instructions or notices from the Employer to the Contractor and notices from the
Contractor to the Employer recorded in a minute or protocol signed by the authorized
representatives of the giver and recipient of such notice or instruction shall be valid
notice or instruction for the purposes of the Contract.
Disputes and Arbitration
24.4 If a dispute of any kind whatsoever arises between the Employer and the Contractor
in connection with, or arising out of, the Contract or the execution of the Works, whether
during the execution of the Works or after their completion and whether before or after
repudiation or other termination of the Contract, including any dispute as to any
opinion, instruction, determination, certificate or valuation of the Procurement
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee / Finance Committee, the matter in dispute shall, in the first place, be
referred in writing to the Verification Committee, with a copy to the other party. Such
reference shall state that it is made pursuant to this Clause. No later than the fifty sixth
(56) day after the day on which he received such reference, the Verification Committee
shall give notice of his decision to the Employer and the Contractor. Such decision
shall state that it is made pursuant to this Clause.
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Unless the Contract has already been repudiated or terminated, the Contractor shall,
in every case, continue to proceed with the Work with all due diligence, and the
Contractor and the Employer shall give effect forthwith to every such decision of the
Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee or Finance Committee unless and until the same shall be
revised, as hereinafter provided in an amicable settlement or in an arbitral award.
In any case where the Conditions of Contract provide that the decision of the
Verification Committee is to be final and conclusive, such decision shall not be
referable to arbitration under this Clause nor shall the same be questioned in any other
form of proceedings whatsoever.
24.5 If either the Employer or the Contractor be dissatisfied with a decision of the
Verification Committee or if the Verification Committee fails to give notice of his
decision on or before the fifty sixth (56) day after the day on which he received the
reference, then either the Employer or the Contractor may, on or before the twenty
eighth (28) day after the day on which the said period of fifty six (56) days expired, as
the case may be, give notice to the other party to commence arbitration, as hereinafter
provided, as to the matter in dispute. Such notice shall establish the entitlement of the
party giving the same to commence arbitration, under the provisions of Arbitration Act,
1940, as to such dispute and, subject to Clause referred to above, no arbitration in
respect thereof may be commenced unless such notice is given.
If the Verification Committee has given notice of his decision as to a matter in dispute
to the Employer and the Contractor and no notification of intention to commence
arbitration as to such dispute has been given by either the Employer or the Contractor
on or before the twenty eighth (28) day after the day on which the parties received
notice as to such decision from the Verification Committee, the said decision shall
become final and binding upon the Employer and the Contractor.
24.6 Where notice of intention to commence arbitration as to a dispute has been given in
accordance with Clause referred to above, arbitration of such dispute shall not be
commenced unless an attempt has first been made by the parties to settle such dispute
amicably through mutual negotiation within ninety (90) days from the date of
notification of Verification Committee’s decision.
Law and Procedure
25.3 Applicable Law
The law which is to apply to the Contract and under which the Contract is to be
construed is the laws of Islamic Republic of Pakistan.
25.4 Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential and
shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or elsewhere without the prior consent in writing of the Employer. If
any dispute arises as to the necessity of any publication or disclosure for the purpose
of the Contract, the decision of Employer shall be final.
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SPECIAL CONDITIONS OF CONTRACT
(SPECIAL STIPULATIONS)
1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).
2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).
3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).
4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).
5. Defects Liability Period 90 days from the effective date of Receipt Certificate.
6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)
5% of Contract Price stated in the Letter of Acceptance (Work Order).
7. Payment Schedule On Supply of Complete consignment for a site (Gymnasium) under the contract agreement.
8. Currency of Payment Pak Rupees.
9. Guarantee / Warranty Period 03 years from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).
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SPECIFICATIONS OF FURNITURE ITEMS.
a. The specifications given in Technical and Financial
Proposals subject to any modification by the Employer, shall
be strictly adhered to by the Bidder.
b. Brand Name, Company Name and Specifications of the
offered Goods should be clearly mentioned.
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LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF FURNITURE ITEMS
• The quantity of Furniture Items is required for the following 5 sites:-
i. Tehsil Level Gymnasium at Chak Jhumra, District Faisalabad.
ii. Tehsil Level Gymnasium at Jarranwala, District Faisalabad.
iii. Tehsil Level Gymnasium at Shoor Kot, District Jhang.
iv. Tehsil Level Gymnasiums at Hasilpur, District Bahawalpur.
v. Tehsil Level Gymnasiums at Haroonabaad, District Bahawalnagar.
• The quantity required for each site is as under:-
Sr. # Item Description Quantity for One Site
1.
• Office Table Size 5’-0”x 2’-9”x 2’-6”,
• With computer side rack Size 3’-6” x 1’-6” x 2’-6” having sliding Keyboard Tray, CPU section and three lockable drawers with central locking system,
• Complete structure made of High Pressure (700-Densty) Melamine Laminated Board, Matching PVC Edging.
04
2.
• Revolving Chair, High Back, • Imported, • PP Padded Arms, • Nylon five star hydraulic base with Twin Disk
Casters, • Seat and Back upholstered in Black Mesh
fabric.
04
3.
• Visitor Chair with arms,
• Mild Steel round pipe chrome plated frame,
• Seat and Back in Polyproline black shell and upholstered in black mesh fabric.
16
4.
• Sofa 2-Seater with Arms,
• Stainless steel round pipe feet,
• Keekar wood frame inside,
• Arms and structure upholstered in dark brown imported leatherite,
• Seat and Back upholstered in Polyproline yarn fire redundant fabric.
04
5.
• Center Table Size: 3’-6”×1’-9”×1’-6”,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.
04
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Sr. # Item Description Quantity for One Site
6.
• Box File Cabinet Size 3’-6” x 1’-3” x 6’-0” having lockable panels with shelves,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.
04
7.
• File Cabinet (Iron / Metallic),
• Box File Cabinet Size: 3’-0” × 1’-3” × 6’-0”
• With Lockable Panels with Shelves (Hammer Paint)
04
8.
• Computer Table Size: 4’-0” ×2’-6”×2’-6”,
• Having One Fix Drawer, Sliding Keyboard Tray and CPU section,
• UPS Moveable Tray 1’-6” x 10”,
• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging
04
9.
• Computer Revolving Chair,
• Imported,
• Tilt lockable mechanism,
• PP arms and Nylon star hydraulic base with Disk Casters,
• Seat and Back upholstered in black mesh fabric.
04
10.
• Locker Cabinet Size 3’-0” x 1’-6” x 6’-0”
• Consisting six (06) pieces, each containing six (06) lockers,
• Each Locker size 11” x 18” x 22” deep,
• Mild Steel prime quality Cold Rolled Silver Powder Coated Sheet.
01
11.
• Bench Three Seater without Arms,
• Mild Steel Round Pipe / Sheet Silver Powder Coated Frame,
• Seat and Back in perforated silver powder coated sheet.
10
12.
• Visitor Chair with Arms,
• Mild Steel Round Pipe chrome plated frame,
• Seat and Back Polyproline Black Shell and upholstered in black mesh fabric.
40
(Note: Procurement Committee will have the right to delete any item or to
enhance or decrease the quantity of any item of procurement).
69
SECTION - 7
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
FOR SUPPLY OF FURNITURE ITEMS
70
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
SUPPLY OF FURNITURE ITEMS
1 Delivery Time: (Time of Completion)
Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.
2 Completion Schedule:
(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.
72
ESTIMATED COST
FOR SUPPLY OF FURNITURE ITEMS
Sr. No.
Description of Goods Estimated Cost for 1
Site
Total Estimated Cost for 5 Sites
1. Supply of Furniture Items 1,178,000 ,000908,5
NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security (2%
of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the total Estimated
Cost. 3. Financial Proposal (Bid) of a Bidder shall be considered responsive and
acceptable only if 2% Bid Security for Total Estimate Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.
74
SPORTS BOARD PUNJAB
LAHORE
EVALUATION CRITERIA
SUPPLY OF FURNITURE ITEMS
Technical Proposal shall be evaluated as per Evaluation Criteria
described in these Bidding Documents.
Financial Proposals of only responsive Bidders shall be opened and
evaluated. The Financial Proposal shall be assessed/ evaluated on
the basis of Lowest Evaluated Bid of each item of procurement.
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INDEMNITY BOND FOR GUARANTEED PERFORMANCE
(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of Furniture Items on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:
for………………………………… (Signature with Name and Designation)
(Indemnifier) Firm / Company Seal
Witness: 1………………………………….………..…… Signature with Name, Designation & Address.
2………………………………….………..…… Signature with Name, Designation & Address.
77
SECTION - 11
DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS (EQUIPMENT)
78
DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS.
All Terms and Conditions along with Specifications of Tender Documents
(Bidding Documents) shall be applicable in assessing the quality of
supplied Goods (Equipment).
1
SPORTS BOARD PUNJAB LAHORE
SUPPLY OF I.T EQUIPMENT ITEMS
TEHSIL LEVEL GYMNASIUMS AT
1. Chak Jhumra (District Faisalabad)
2. Jarranwala (District Faisalabad)
3. Shor Kot (District Jhang)
4. Hasilpur (District Bahawalpur)
5. Haroonabaad (District Bahawalnagar).
(DIRECTORATE GENERAL SPORTS /
SPORTS BOARD PUNJAB)
January 2020
TENDER DOCUMENTS
(BIDDING DOCUMENTS)
3
SECTION 1: INVITATION TO BID
Date: 23.01.2020
1. “Employer” The Director General / Secretary Sports Board Punjab, National
Hockey Stadium, Ferozepur Road, Lahore.
2. The Employer invites sealed bids from the interested Firms / Companies /
Institutions for Supply of I.T Equipment Items.
3. The procurement procedure adopted will be “Single stage Two envelops”
as prescribed under the PPRA Rules, 2014.
4. The Bid shall be a single package consisting of two sealed envelopes,
containing the Technical Proposal and Financial Proposal, for each of the
Item procurement.
5. The above referred envelops shall be clearly marked as Technical Proposal
and Financial Proposal followed by the name of assignment / procurement
and properly sealed. This outer envelope shall be sealed bear the submission
address and title of the assignment.
6. Bidders may obtain further information from, inspect at and acquire the
Bidding Document from the office of Deputy Director (Planning), office of
Directorate General Sports Punjab, Lahore Ph. # 042-99232504.
7. A complete set of Tender Document (Bidding Document) may be obtained by
Interested Bidder on submission of a written request along-with cash deposit
of Rs. 2,000/- to the above office, by or before 20th February, 2020 at
02:00 pm.
8. All Bids / Financial Proposals must be accomplished by earnest money (Bid
Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a
Scheduled Bank in Pakistan / Guarantee issued by an Insurance
Company having at least AA rating from PACRA / JCR for an amount of
2%of the Estimated Cost referred hereinafter in the Bidding Documents
for the category of I.T Equipment in favour of “Director General / Secretary
Sports Board Punjab, Lahore”.
9. Tender Document (Bidding Documents) include the following:-
Section 1: Invitation to Bid.
Section 2: Instructions to Bidders (including Special Instructions).
Section 3: Technical and Financial Proposals-Standard Form for Supply of I.T Equipment Items.
4
Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.
Section 5: Specifications and Performance Criteria
Section 6: List of Goods / Services (Bill of Quantities)
Section 7: Delivery time / Completion Schedule
Section 8: Estimated Cost.
Section 9: Evaluation Criteria
Section 10: Format of Securities required
Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.
10. It is mandatory for Tender Document (Bidding Documents) to be made by
using the Standard Forms of these Documents. The Technical and Financial
Proposals that are not in the prescribed format may be discarded. If any
information required in the Forms is found missing or written elsewhere, no
credit will be given in the relevant section of the evaluation.
11. The Bidder must sign and affix Firm / Company stamp on each page of the
Tender Document (Bidding Documents)
12. Tender Document (Bidding Documents) are required to be brought in person
or by the authorized representative of the Bidder on or before
21st February, 2020 at 11:45 am positively in the office of Director Sports
Punjab, National Hockey Stadium, Ferozepur Road, Lahore.
13. The Bids (Technical Proposal) will be opened on the same day i.e.
21st February, 2020 at 12:15 pm, in the presence of Representatives of
Firms / Companies / Institutions who choose to attend the same address.
14. Financial Bids of only those bidders shall be opened which have been found
responsive as a result of assessment / evaluation of Technical Proposals.
7
INSTRUCTIONS TO BIDDERS AND APPENDICES
(A) GENERAL
IB.1 Scope of Bid and Source of Funds
1.3 Scope of Bid
Director General / Secretary Sports Board Punjab (hereinafter called the
“Employer”) wishes to receive Request for Proposals (Bids) for the scope of
Goods and Services which include, but shall not be limited to Supply of I.T
Equipment Items.
A detailed scope of procurement (supply of goods) has been described
elsewhere in these documents. The successful Bidder will be expected to
supply & install the required goods / services and complete the Work within
the stipulated period (Described in Section “Delivery Time / Completion
Schedule” of the Bidding Documents) after receipt of the Letter of
Acceptance (Work Order) by the successful Bidder, as specified in these
Bidding Documents.
1.2 Source of Funds
The Employer has received funds from the Government of the Punjab and it
is intended that part of the proceeds of the funds will be applied to eligible
payments under the Contract for which these Bidding Documents are issued.
IB.2 Eligible Bidders
2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the
prescribed requirement / criteria mentioned in the Tender Notice and in this
Biding Documents after wide publication in daily newspapers and PPRA
website. Financial Proposals of only those Bidders shall be opened
(considered) who have been found eligible (responsive) as per
mandatory requirement / criteria as a result of assessment of Technical
Proposals.
IB.3 Eligible Goods and Services
3.1 All Goods (Equipment) to be supplied under this Contract shall be of
renowned Brand.
IB.4 Cost of Bidding
4.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid and the Employer will in no case be responsible or liable
for those costs, regardless of the conduct or outcome of the Bidding process.
(B) BIDDING DOCUMENTS
IB.5 Contents of Bidding Documents
5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to
Bid”.
8
IB.6 Clarification of Bidding Documents
6.3 A prospective Bidder requiring any clarification(s) in respect of the Bidding
Documents may notify the Employer in writing or by fax at the address as
provided under the Tender Notice (Invitation to Bid). Employer will examine
the request for clarification of the Bidding Documents which it receives not
later than three (3) days prior to the deadline for the submission of bids and
if needed will issue the clarification / amendment of the Bidding Documents
(without identifying the source of enquiry) to all prospective Bidders who have
obtained the Bidding Documents.
IB.7 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Employer may,
for any reason, whether at his own initiative or in response to a clarification
requested by a prospective Bidder, modify the Bidding Documents by issuing
addendum.
7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant
to Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders
who have obtained the Bidding Documents. Prospective Bidders shall be
intimated of such addendum through TCS, E-mail or by hand. The Bidder
shall also confirm in the Form of Bid that the information contained in such
addenda have been considered in preparing his Bid.
7.3 To afford prospective Bidders reasonable time in which to take an addendum
into account in preparing their Bids, the Employer may at its discretion extend
the deadline for submission of Bids.
(C) PREPARATION OF BIDS
IB.8 Language of Bid
8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and
all correspondence and documents relating to the Bid, shall be written in the
English language, provided that if any printed literature furnished by the
Bidder is written in another language then it shall be accompanied by an
English translation of its pertinent passages in which case, for purposes of
interpretation of the Bid, the English translation shall govern.
IB.9 Documents Comprising the Bid
9.1 Tender Document (Bidding Documents) prepared by the Bidder shall
comprise the following components:
(a) Covering Letter
(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.
9
(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.
(d) Bid Security furnished in accordance with these Instructions.
(e) Power of Attorney in accordance with these Instructions.
(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.
IB.10 Bid Prices
10.1 The Bidder shall fill up the Schedule of Prices attached to these documents
indicating the unit rates including the services to be performed under the
Contract. Prices on the Schedule of Prices shall be entered keeping in view
the instructions contained in the Preamble to the Schedule of Prices.
10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services
described in the Schedule of Prices. Items against which no rate or price is
entered by a Bidder will not be paid for by the Employer when executed and
shall be deemed covered by rates and prices for other items in the Schedule
of Prices.
10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by
the Bidder shall remain fixed during the Bidder’s performance of the Contract
and not subject to variation on any account. When the Bidders are required
to quote only fixed price(s), a Bid submitted with an adjustable price quotation
will be treated as non-responsive.
10.4 Any discount offered shall be valid for at least the period of validity of the Bid.
A discount valid for lesser period shall be considered null and void.
IB.11 Currencies of Bid
11.5 Prices shall be quoted in the currency of Pakistan (Pak rupees).
11.6 The currency of payment shall be in Pak Rupees.
IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding
Documents
12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility
and conformity to the Bidding Documents of all Goods and Services which
Bidder proposes to perform under the Contract.
12.2 The documentary evidence of the Goods / Services eligibility shall establish
to the Employer’s satisfaction. Such documentary evidence shall include the
documents / information as specifically required in the Tender Document
(Bidding Documents) Forms, the compliance thereof will only establish
Employer’s satisfaction under this Clause.
10
12.3 The documentary evidence of the Goods and Services’ conformity to the
Bidding Documents shall also be required in the form of literature, drawings,
catalogues and data relating to the goods and services.
12.4 A clause-by-clause commentary on Biding requirements shall be provided
with the Bidding Documents, demonstrating the Goods and Service’s
substantial responsiveness to those Specifications or a statement of
deviations and exceptions to the provisions of the Technical Provisions as
required in Bidding Documents.
IB.13 Bid Security
13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount
of 2% of the estimated cost referred hereinafter for the category of I.T
Equipment.
13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit
at Call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank in
Pakistan / Guarantee issued by an Insurance Company having at least AA
rating from PACRA / JCR for an amount of 2% in favour of the Employer valid
for a period of twenty eight (28) days beyond the bid validity date.
13.3 The Bid Security is required to protect the Employer against the risk of
Bidder’s conduct which would warrant the security’s forfeiture.
13.4 Any Bid not accompanied by an acceptable Bid Security shall be
considered by the Employer as non-responsive.
13.5 The Bid securities of unsuccessful Bidders will be returned upon award of
contract to the successful Bidder or on the expiry of validity of Bid Security
whichever is earlier.
13.6 The Bid Security of the successful Bidder will be returned when the Bidder
has furnished the required Performance Security. If required pursuant to the
clauses of these Instructions and signed the Contract Agreement if no
performance security is required, then the bid security shall be returned after
the completion of work under the Contract Agreement.
13.7 The Bid Security may be forfeited:
(a) If a Bidder withdraws his Bid during the period of Bid validity;
(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or
(c) In the case of a successful Bidder, if he fails to:
(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or
(ii) Sign the Contract Agreement, in accordance with the clauses herein below.
IB.14 Validity of Bids
14.1 Bids shall remain valid for 90 days after the date of Bid opening.
11
14.2 In exceptional circumstances prior to expiry of original Bid validity period, the
Employer may request the Bidders to extend the period of validity for a
specified additional period which shall in no case be more than the original
Bid validity period. The request and the responses thereto shall be made in
writing. A Bidder may refuse the request without forfeiture of his Bid Security.
A Bidder agreeing to the request will be required to extend the validity of his
Bid Security for the period of such extension as agreed.
IB.15 Format and Signing of Bid
15.1 Bidders are particularly directed that the amount entered on the Form of Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
15.2 All Schedules to Bid are to be properly completed and signed.
15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto
except in filling up the blanks as directed. If any alteration is made or if these
instructions are not fully complied with, the Bid may be rejected.
15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the
documents comprising the bid as described under these Instructions and
clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of
discrepancy between them, the original shall prevail.
15.5 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person or persons duly authorized to sign (in the
case of copies, Photostats are also acceptable). This shall be indicated by
submitting a written Power of Attorney authorizing the signatory of the Bidder
to act for and on behalf of the Bidder. All pages of the Bid and Schedules
to Bid shall be initialed and stamped by the person or persons signing
the Bid.
15.6 The Bid shall contain no alterations, omissions or additions, except to comply
with instructions issued by the Employer, or as are necessary to correct errors
made by the Bidder, in which case such corrections shall be initialed by the
person or persons signing the Bid.
15.7 Bidders shall indicate in the space provided in the Form of Bid their full and
proper addresses at which Notices may be legally served on them and to
which all correspondence in connection with their Bids and the Contract is to
be sent.
15.8 Bidders should retain a copy of the Bidding Documents as their file copy.
(D) SUBMISSION OF BIDS
IB.16 Sealing and Marking of Bids
16.1 Each Bidder shall submit his Bid as under:
(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.
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(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.
16.2 The inner and outer envelopes shall;
(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.
(b) Bear the Work Name and date of opening of Bid.
(c) Provide a warning not to open before the time and date for Bid opening.
16.3 The Bid shall be delivered in person or through an authorized representative
or sent by registered mail at the address to Employer as mentioned in the
Invitation to Bids.
16.4 In addition to the identification required in Sub-Clause referred hereof, the
inner envelope shall indicate the name and address of the Bidder to enable
the Bid to be returned unopened in case it is declared “late” pursuant to these
Instructions to Bidders.
16.5 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
IB.17 Deadline for Submission of Bids
17.1 (a) Bids must be received by the Employer at the address specified in
Invitation for Bids not later than the time and date stipulated in the
Invitation for Bids.
(b) Bids with charges payable will not be accepted, nor will arrangements
be undertaken to collect the Bids from any delivery point other than
that specified above. Bidders shall bear all expenses incurred in the
preparation and delivery of Bids.
(c) Upon request, acknowledgment of receipt of Bids will be provided to
those making delivery in person or by representative.
17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.
17.3 The Employer may, at his discretion, extend the deadline for submission of
Bids by issuing an addendum in accordance with these Instructions to
Bidders, in which case all rights and obligations of the Employer and the
Bidders previously subject to the original deadline will thereafter be subject to
the deadline as extended.
IB.18 Late Bids
18.1 (a) Any Bid received by the Employer after the dead line for submission of
Bids prescribed in these Instructions to Bidders / Invitation to Bid will
be returned unopened to such Bidder.
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(b) Delays of person in transit or delivery of a Bid to the wrong office shall
not be accepted as an excuse for failure to deliver a Bid at the proper
place and time. It shall be the Bidder’s responsibility to determine the
manner in which timely delivery of his Bid will be accomplished either
in person or by authorized representative or through registered post.
IB.19 Modification, Substitution and Withdrawal of Bids
19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission
provided that modification, substitution or written notice of the withdrawal is
received by the Employer prior to the deadline for submission of Bids.
19.2 The modification, substitution or withdrawal of any Bid shall be prepared,
sealed, marked and delivered in accordance with the provisions of these
Instructions of Bidders with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
19.3 Withdrawal of a Bid during the interval between the deadline for submission
of Bids and the expiration of the period of Bid validity specified in the Form of
Bid may result in forfeiture of the Bid Security pursuant to the clauses of these
Instructions to Bidders.
(E) BID OPENING AND EVALUATION
IB.20 Bid Opening
20.1 A Committee consisting of nominated members by the Employer will open the
Bids, including withdrawals, substitution and modifications made pursuant to
the clauses of these Instructions to Bidders, in the presence of Bidders’
representatives who choose to attend, at the time, date and location
stipulated in the Invitation for Bids.
The Bidders’ representatives who are present shall sign on the Attendance
Sheet evidencing their attendance.
20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”
shall be opened and read out first and the name of the Bidder shall be read
out. Bids for which an acceptable notice of withdrawal has been submitted
pursuant to the clauses of these Instructions to Bidders, shall not be opened.
20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid
modifications, substitutions and withdrawals, the presence or absence of Bid
Security, and such other details as the Employer at its discretion may
consider appropriate, will be announced by the Employer at the Bid opening.
The Employer will record minutes of Bid opening.
Any Bid price or discount which is not recorded in Minutes of Bid opening will
not be taken into account in the evaluation of Bid. Any discount offered by the
Bidder on its quoted prices, shall only be considered if such discount is either
shown on the duly filled-in, signed and stamped Form of Bid / Letter of price
bid or on the Summary Page of the quoted amount for lump sum contract /
bill of quantities as applicable. In case of any discrepancy or difference in the
rate or amount of discount mentioned in the Form of Bid/Letter of price bid
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(as duly filled-in and signed), and on the Summary Page of the Priced BOQ,
the discount shown on the Priced BOQ shall prevail. Discount if offered,
through a separate letter of discount submitted with the Bid, will not be
entertained and shall be considered null & void.
20.4 Discounts offered for lesser period than the Bid validity shall not be
considered in evaluation.
IB.21 Clarification of Bids
21.1 To assist in the examination, evaluation and comparison of Bids, the
Procuring Agency may, at its discretion, ask the Bidder for a clarification of its
Bid. The request for clarification and the response shall be in writing and no
change in the price or substance of the Bid shall be sought, offered or
permitted.
IB.22 Preliminary Examination & Determination of Responsiveness of Bids
22.3 Evaluation Committee constituted for the purpose shall make preliminary
examination and determine the responsiveness of the Bids as follows:
(a) The Evaluation Committee will examine the Bids to determine whether;
(i) The Bid is complete and does not deviate from the scope,
(ii) Any computational errors have been made,
(iii) Required sureties have been furnished,
(iv) The documents have been properly signed,
(v) The Bid is valid till required period,
(vi) The Bid prices are firm during currency of contract if it is a fixed
price bid,
(vii) Completion period offered is within specified limits,
(viii) The Bid does not deviate from basic technical requirements and
specifications mentioned for the goods (equipment); and
(ix) The Bids are generally in order.
(b) A bid is likely not to be considered, if;
(i) it is unsigned,
(ii) its validity is less than specified,
(iii) it is submitted for incomplete scope of work,
(iv) it indicates completion period later than specified,
(v) it indicates that goods and materials to be supplied do not meet
eligibility requirements / specifications,
(vi) it indicates that Bid prices do not include the amount of
applicable taxes, and
(vii) there is alteration in Form of Bid.
(c) A bid will not be considered, if;
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(i) It is not accompanied with bid security,
(ii) It is received after the deadline for submission of Bids,
(iii) It is submitted through fax, telex, telegram or email,
(iv) It indicates that prices quoted are not firm during currency of the
contract whereas the Bidders are required to quote fixed
price(s),
(v) The Bidder refuses to accept arithmetic correction,
(vi) It is materially and substantially different from the Conditions /
Specifications of the Bidding Documents.
It is after review and determination of the responsiveness as per above that
further action on technical evaluation will be taken.
22.2 Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the
total price shall be corrected. If there is a discrepancy between the words and
figures the amount in words shall prevail. If there is a discrepancy between
the total Bid price entered in Form of Price Bid and the total shown in
Schedule of Prices Summary, the amount stated in the Form of Price Bid will
be corrected by the Employer in accordance with the Corrected Schedule of
Prices.
If the Bidder does not accept the corrected amount of Bid, his Bid will be
rejected and his Bid Security forfeited.
22.3 The Employer / Evaluation Committee will determine the substantial
responsiveness of each Bid to the Bidding Documents. For purpose of these
Clauses, a substantially responsive Bid is one which conforms to all the terms
and conditions of the Bidding Documents without material deviations.
A material deviation or reservation is one:
(i) Which affect in any substantial way the scope, quality or performance
of the required supply and installation of goods (equipment);
(ii) Which limits in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under the
Contract; or
(iii) Whose rectification/adoption would affect unfairly the competitive
position of other Bidders presenting substantially responsive Bids.
22.4 A Bid determined as substantially non-responsive will be rejected and will not
subsequently be made responsive by the Bidder by correction of the non-
conformity.
22.5 Any minor informality or non-conformity or irregularity in a Bid which does not
constitute a material deviation may be waived by Employer, as long as the
waiver does not prejudice or affect the relative ranking of any Bidder.
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IB.23 Detailed Evaluation of Bids
23.1 Only the Bids previously determined to be substantially responsive pursuant
to the clauses of these Instructions to Bidders will be evaluated and compared
in detail by the Employer / Evaluation Committee as per the requirements
given in the evaluation criteria.
23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s
data submitted with the Bid will be compared with the technical features /
criteria of the Goods / Services detailed and prescribed by the Employer in
these documents.
23.3 Bids indicating completion beyond 10 days later than the dates set out in
Conditions of Contract shall not be considered and rejected as
non- responsive.
IB.24 Process to be Confidential
24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact
Employer / Evaluation Committee on any matter relating to its Bid from the
time of the Bid opening to the time the Bid evaluation result is announced by
the Employer.
24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the
Bid evaluation, Bid comparison or Contract Award decisions may result in the
rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a
written complaint not later than fifteen (15) days after the announcement of
the Bid evaluation result; however, mere fact of lodging a complaint shall not
warrant suspension of the procurement process.
(F) AWARD OF CONTRACT
IB.25 Post-Qualification
25.1 The Employer, at any stage of the bid evaluation, having credible reasons for
or prima facie evidence of any defect in supplier’s or contractor’s capacities,
may require the suppliers or contractors to provide information concerning
their professional, technical, financial, legal or managerial competence
whether already pre-qualified:
Provided that such qualification shall only be laid down after recording
reasons therefore in writing. They shall form part of the records of that bid
evaluation report.
25.2 An affirmative determination will be a pre-requisite for award of the Contract
to the lowest evaluated Bidder. A negative determination will result in rejection
of that Bidder’s Bid in which event, Employer will proceed to undertake a
similar determination of the next lowest evaluated Bidder’s capabilities to
perform the Contract satisfactorily.
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IB.26 Award Criteria
26.1 Subject to the clauses of these Instructions to Bidders, the Employer will
award the Contract to the Bidder whose Bid has been determined to be
substantially responsive to the Bidding Documents and who has offered the
lowest evaluated Bid Price, provided that such Bidder has been determined
to be qualified to satisfactorily perform the Contract in accordance with the
provisions of these Instructions to Bidders.
IB.27 Employer’s Right to Vary Quantities
27.1 Employer reserves the right at the time of award of Contract to increase or
decrease the quantity of Goods and Services contained in the Schedule of
Prices without any change in the unit price or other terms and conditions. The
Employer also reserves the right to delete any one or more items of goods
(equipment) and services for which the bid has been called.
IB.28 Employer’s Right to Reject Bids
28.3 Employer reserves the rights to annul the bidding process and reject all Bids,
at any time prior to award of Contract, without thereby incurring any liability
to the affected Bidders or any obligation to inform the affected Bidders of the
grounds for the Employer’s action except that the grounds for its rejection
shall upon request be communicated, to any Bidder who submitted a Bid,
without justification of grounds. Rejection of all Bids shall be notified to all
Bidders promptly.
28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the
Bid evaluation report.
IB.29 Notification of Award
29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the
Employer will notify the successful Bidder in writing (“Letter of Acceptance /
Work Order”) that his Bid has been accepted. This letter shall name the sum
which the Employer will pay the Contractor in consideration of the supply &
installation of required goods and provision of services / facility by the
Contractor as prescribed by the Contract (hereinafter and in the Conditions
of Contract called the “Contract Price”).
29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will
constitute the formation of the Contract, binding the Employer and the
successful Bidder till signing of the formal Contract Agreement (In case the
formal Contract Agreement is not signed by an act of the successful Bidder
or due to some other reason, the letter of Acceptance / Work Order as well
as the terms and conditions of these documents shall be binding and
considered as terms and conditions between the Employer and successful
Bidder).
29.3 Upon furnishing by the successful Bidder of a Performance Security (if
applicable otherwise after signing of the former contract Agreement) the
Employer will promptly notify the other Bidders that their Bids have been
found unsuccessful and return their Bid securities.
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IB.30 Signing of Contract Agreement
30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance
/ Work Order, the successful Bidder shall submit to the Employer the Form
of Contract Agreement provided in the Bidding Documents, duly filled in and
incorporating all agreements between the parties for signing.
30.2 The formal Agreement between the Employer and the successful Bidder shall
be executed within ten (10) days of the receipt of such Form of Contract
Agreement by the Employer from the successful Bidder. The expenses for
executing the Contract Agreement shall be borne by the successful Bidder.
(G) ADDITIONAL (SPECIAL) INSTRUCTIONS
IB.31 Instructions Importance
31.1 Bids shall be prepared and submitted in accordance with the above
Instructions to Bidders including Additional (Special) Instructions which are
provided to assist Bidders in preparing their Bids.
IB.32 Contract Documents
32.1 The Documents which will be included in the Contract are listed in the Form
of Contract Agreement set out in these Bidding Documents.
IB.33 Sufficiency of Bid
33.1 Each Bidder shall satisfy himself before bidding as to the correctness and
sufficiency of his Bid and of the rates and prices entered in the Schedule of
Prices. Except in so far as it is otherwise expressly provided in the Contract,
the rates and prices entered in the Schedule of Price shall cover all his
obligations under the Contract and all matters and things necessary for the
proper completion of the works / supply and installation of goods (equipment).
IB.34 Bidder to inform himself
34.1 The Bidder is advised to obtain for himself at his own cost and responsibility
all information that may be necessary for preparing the Bid and entering into
a Contract for execution of the works / supply and installation of goods
(equipment). This shall include but not be limited to the following:
(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.
(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.
(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.
(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.
19
IB.35 Alternate Proposals by Bidder
35.1 If any Bidder may considers that he can offer any advantage to the Employer
by a modification to the designs, specifications or other conditions, he may,
in addition to his Bid to be submitted in strict compliance with the Bidding
Documents, submit any Alternate Proposal(s) containing (a) technical
specifications; and (b) any other relevant details / conditions, provided always
that the total sum entered on the Form of Bid shall be that which represents
complete compliance with the Bidding Documents.
35.2 Alternate Proposal(s): The Goods / Services offered of the specifications
superior to the one specified in these Bidding Documents may be acceptable,
only if alternate proposal is from the lowest bidder.
IB.36 Site Visit and Local Conditions
36.1 Bidder must verify and supplement by his own investigations the
information about site and local conditions. However, Employer will
assist the Bidder wherever practicable and possible.
36.2 All Bidders are required to visit the site at their own expense to review the
areas allocated for the Supply & Installation of Goods (Equipment) and the
interfacing facilities, if any. Bidders shall also study local conditions, available
facilities, communications, craft wages, roads and other transport facilities.
Bidders shall also acquaint themselves with the relevant laws, rules, and
regulations of Pakistan.
36.3 The Bidders and any of their personnel or agents will be granted permission
by the Employer to enter upon his premises and lands for the purpose of such
inspection, but only upon the express condition that the Bidders, their
personnel and agents, will release and indemnify the Employer, his personnel
and agents from and against all liability in respect thereof and will be
responsible for death or personal injury, loss of or damage to property and
any other loss, damage, costs and expenses incurred as a result of such
inspection.
IB.37 Clarification of Issues
37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee
to clarify issues and to answer any questions on matters related to the Bidding
Documents.
IB.38 Integrity Pact
38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of
Instructions to Bidder in the Bidding Documents. Failure to provide such
Integrity Pact shall make the Bid non-responsive.
IB.39 General Performance of the Bidders
39.1 The Employer reserves the right to obtain information regarding performance
of the Bidders on their previously awarded contracts/works. The Employer
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may in case of poor performance of any Bidder so as past record of
terminated / incomplete works of similar nature pertaining to any Government,
Semi-Government, autonomous Body or Organization, reject his bid.
(H) APPENDICES
The Appendices Instructions to Bidders are as given below, and the Bidder
shall fill in all these Appendices:
• Appendix-A: Proposed Programme of Supply.
• Appendix-B: Integrity Pact.
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Appendix-A
(Instructions to Bidders)
PROPOSED PROGRAMME OF SUPPLY.
Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing
the sequence of Supply of I.T Equipment Items by which he proposes to complete
the Work of the entire Contract. The programme should indicate the sequences of
supply and installation of items and the period of time during which he proposes to
complete the Works for each site including the activities like supply, ordering /
procurement of goods (equipment), delivering & schedule of installation of required
Goods / Services under the Contract.
22
Appendix-B
(Instructions to Bidders)
Integrity Pact
[To be filled and signed by the Bidder]
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE
Contract No.____________________ Dated
____________________
Contract Value: _________________
Contract Title: __________________
………………………………… [Name of Supplier] hereby declares that it has
not obtained or induced the procurement of any contract, right, interest,
privilege or other obligation or benefit from Government of Pakistan or
Government of the Punjab or any administrative sub division or agency
thereof or any other entity owned or controlled by Government of Pakistan or
Government of the Punjab through any corrupt business practice.
Without limiting the generality of the foregoing, [-----------------------------------
name of Supplier] represents and warrants that it has fully declared the
brokerage, commission, fees etc. paid or payable to anyone and not given or
agreed to give and shall not give or agree to give to anyone within or outside
Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe,
finder’s fee or kickback, whether described as consultation fee or otherwise,
with the object of obtaining or inducing the procurement of a contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established & controlled by the Federal / Provincial Government except that
which has been expressly declared pursuant hereto.
[-----------------------------------------------------------name of Supplier] certifies that
it has made and will make full disclosure of all agreements and arrangements
with all persons in respect of or related to the transaction with Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government and has not taken any action
or will not take any action to circumvent the above declaration, representation
or warranty.
[-----------------------------------------------------------name of Supplier] accepts full
responsibility and strict liability for making any false declaration, not making
full disclosure, misrepresenting facts or taking any action likely to defeat the
purpose of this declaration, representation and warranty. It agrees that any
23
contract, right, interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other rights and
remedies available to Government of Pakistan or Government of Punjab or
any autonomous body established and controlled by Federal / Provincial
Government under any law, contract or other instrument, be voidable at the
option of Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government.
Notwithstanding any rights and remedies exercised by Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government in this regard,
[------------------------------------------------------------name of Supplier] agrees to
indemnify Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government for any loss or damage incurred by it on account of its corrupt
business practices and further pay compensation to Government of Pakistan
or Government of Punjab or any autonomous body established and controlled
by Federal / Provincial Government in an amount equivalent to ten time the
sum of any commission, gratification, bribe, finder’s fee or kickback given by
[-----------------------------------------------------------name of Supplier] as aforesaid
for the purpose of obtaining or inducing the procurement of any contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established and controlled by Federal / Provincial Government.
Name of Buyer: …………………. Name of Seller/Supplier: …………..
Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]
25
SPECIAL INSTRUCTIONS TO BIDDERS
BIDDING DATA
Sr. No.
Description of Special Instructions
1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed
under PPRA Rules 2014
2 Name of the Project and Summary of the works:
Supply of I.T Equipment Items at Tehsil Level Gymnasiums: 1. Chak Jhumra (District Faisalabad) 2. Jarranwala (District Faisalabad) 3. Shor Kot (District Jhang) 4. Hasilpur (District Bahawalpur) 5. Haroonabaad (District Bahawalnagar).
3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
4 The Client will provide the following inputs and facilities: (i). All available data.
5 Proposal must remain valid for 90 Days after the submission date, that is until:
21st May, 2020
6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
7 Bid language: English
8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.
26
9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes
10 Bidders to quote the Bid Price: in Pak Rupees
11
Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.
12
Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
Tender Document (Bidding Documents) must be submitted not later than the following date and time:
On or before 21st February, 2020 during office hours till 11:45 am
13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of I.T Equipment.
14 Venue, time and date of Bid opening (Technical Proposal)
Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020
15 Period for furnishing and signing of contract agreement:
Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.
29
TECHNICAL PROPOSALS
FORM TECHNICAL PROPOSAL SUBMISSION FORM
Location: ________________ Date____________
To:
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., Supply of I.T Equipment Items, in accordance with the Request for
Proposals (Bidding Documents) received by us in pursuance of the Tender Notice
published in daily newspapers and PPRA website. We are hereby submitting our
Proposal, which includes this Technical Proposal and a Financial Proposal sealed
under separate envelopes.
We hereby declare that all the information and statements made in this
Proposal are true and accept that any misinterpretation contained in it may lead to
our dis-qualification. We further accept that any incorrect / wrong information and
statement made in this proposal may lead to Civil and Criminal action, besides our
dis-qualification.
Our Proposal is binding upon us and subject to the modifications resulting
from Agreement negotiations.
We undertake, if our Proposal is accepted, to initiate the supply & installation
related to the assignment not later than the date indicated in Instructions to Bidders
(Bidding Data) and shall complete the work within the stipulated time period from the
date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as
prescribed in Proposals (Bidding Documents).
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
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MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING
TECHNICAL PROPOSALS
Supply of I.T Equipment Items
The Following Requirements / Conditions / Criteria must be fulfilled by the applicant
Bidder for submission of his Technical Proposal:
1. The Applicant / Company / Institution must be registered with Government.
The Applicant shall produce documentary proof of such registration.
2. The Applicant / Company / Institution must be registered Income Tax
Department and must produce NTN Certificate and GST registration
Certificate.
3. The Applicant / Company / Institution must not be Tax defaulter or Black listed
by any Government Department, Semi Government Department or
Autonomous Body. In this regard, the applicant shall submit undertaking in
judicial stamp paper
4. The Applicant / Company / Institution must have Sound Financial Position.
The Applicant must submit his Bank Statement for the last Two Years to
establish sound Financial Position
5. The Applicant / Company / Institution must have experience of supply /
manufacturing of required items of procurement. In this regard, the applicant
shall submit the Documentary proof / copies of work orders to establish his
relevant experience
6. In case of Manufacture Bidder, he shall submit the details of his
Manufacturing Unit, complete address, Machinery description and the total
Staff / Workers employed by him. In case of Supplier Bidder, he shall submit
his experience of supplying goods to different Public Sector or Private Sector
Institutions.
7. The successful Bidder shall be required to supply the required items of
Procurement at the concerned site in Punjab. The quoted price / Bid must
include the Transportation charges as well as installation charges and no
additional charges shall be paid for supply of required Items at different sites,
as directed by the Employer.
8. The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose
31
TECHNICAL PROPOSALS
Supply of I.T Equipment Items
EVALUATION CRITERIA
A. Mandatory Requirements:
The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:
Sr.# Mandatory Requirements Documentary Evidence Total Marks
1. Registration / Incorporation of
Contractor / Firm / Company under the laws of Pakistan.
Certificate of Contractor / Firm / Company Registration.
Mandatory
2. Valid FBR Registration. NTN Certificate Copy. Mandatory
3. Valid General Sales Tax
Registration General Sales Tax Registration
Certificate Mandatory
4. Valid Punjab Sales Tax
Registration, if applicable Punjab Sales Tax Registration
Certificate, if applicable. Mandatory
5.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be
attached.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case
of Sole Proprietorship, Affidavit should be attached.
Mandatory
6.
Undertaking that the Contractor / Firm / Company or any Partner(s) is
not blacklisted by Provincial or Federal Government Department,
Agency, Organization or autonomous body anywhere in
Pakistan.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
7.
Undertaking that the Contractor / Firm / Company or any Partner(s) of
JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any
Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent
and results of such proceedings should be mentioned in detail.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
32
Sr.# Mandatory Requirements Documentary Evidence Total Marks
8.
Adherence to time line in completion of work non-adherence without just cause shall result in imposition of
penalty.
Undertaking on Stamp Paper that the Bidder shall, within 7 days after
the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time
line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.
Mandatory
9.
Financial Soundness Sufficient Bank Balance available
with the Contractor / Firm / Company for providing the services and execution of work in time line.
Bank Statement / Audited Accounts for the last 24 months in the name of
Company / Firm is to be attached. (In case of JV / Consortium, Bank
Statements / Audited Accounts of all partners are to be attached)
Mandatory
10. Bidder must be Authorized Agent / Dealer / Distributor of the Principal
Supplier Company.
Letter of Authorization as Agent / Dealer / Distributor of the Principal
Supplier Company Mandatory
B. Technical Proposals Scoring Criteria:
Total Marks: 100 Qualifying Marks: 70
Sr. No.
Description Marks Distribution Marks
1. Personnel Capability
(Strength of Permanent Staff).
Marks Distribution:
• Management Staff (5 Marks)
• Financial Staff (5 Marks)
• Technical Staff (5 Marks)
• Field Staff (5 Marks)
(List of names of Permanent Staff along with CVs and the proof of their
engagement with the Company / Firm should be attached).
20
33
Sr. No.
Description Marks Distribution Marks
2. Years in Business of Applicant
Firm / Company
• 10 Years & above (10 Marks)
• 7 Years upto 10 Years (7 Marks)
• 5 Years upto 7 Years (5 Marks)
• 2 Years upto 5 Years (2 Marks)
(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).
10
3. General experience in Supply of
I.T Equipment Items.
Marks Distribution:
02 Projects (5 Marks)
03-04 Projects (10) Marks)
05 & Above Projects (15 Marks)
(List of Projects referred above along with documentary proof
should be attached).
15
4.
Experience in Supply of I.T Equipment Items to any
Government, Semi Government or Autonomous Body established /
controlled by Government.
Marks Distribution:
01 Project (8 Marks)
02 Projects (12 Marks)
03 Projects (16 Marks)
04 & Above Projects (20 Marks)
(List of Projects referred above along with documentary proof
should be attached).
20
34
Sr. No.
Description Marks Distribution Marks
5. Financial Soundness
• Available Bank Turn Over for last 02 years.
If 1 million to less than 2 Million (5 Marks)
If 2 million to less than 5 Million (10 Marks)
If 5 million to less than 10 Million (15 Marks)
If 10 million to less than 15 Million (20 Marks)
If 15 million & above (25 Marks)
25
6. I.T Equipment available with the
Applicant for supply.
List of I.T Equipment available with the Applicant for supply with proof of
ownership and year of purchase / manufacturing should be attached.
(10 Marks).
10
35
TECHNICAL PROPOSALS
(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)
Supply of I.T Equipment Items
The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement.
Sr. #
Description & Specification of Required Item
Brand Name / Company
Name of Imported Country or local
Main Specifications / Features of Goods
(Equipment) offered by Supplier
1.
Desktop Computer Ci3 (Dell OptiPlex 9010) Or Equivalent Generation. (Minimum 4GB RAM, 500 GB HDD, Processor 3.20 GHz) With 20” LED, Keyboard, mouse and connected material
2.
LaserJet Printer (HP1102 or Equivalent Version)
Note: -
The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose
Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.
37
FORM - FINANCIAL PROPOSAL SUBMISSION FORM
Location----------------------------Date----------------------------
To: [Name and address of Employer]
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., “Supply of I.T Equipment Items” in accordance with Tender Document
(Bidding Documents) received by us in pursuance of the Tender Notices Published
in Daily Newspaper and PPRA website. Our attached Financial Proposal is for the
sum of:
--------------------------------------------------------------------------------------------------------------
[Insert amount(s) in words and figures].
This amount is inclusive of all the applicable taxes.
Our Financial Proposal shall be binding upon us subject to the modifications
resulting from Agreement negotiations, up to expiration of the validity period of the
Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).
No commissions or gratuities have been or are to be paid by us to agents
relating to this Proposal and Agreement execution.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]: ________________________________
Name and Title of Signatory: __________________________________________
Name of Firm: _____________________________________________________
Address: __________________________________________________________
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FORM - SUMMARY OF COSTS
Sr. # Description of Required Item Rate Per Unit
inclusive all applicable Taxes (In Rs.)
1.
Desktop Computer Ci3 (Dell OptiPlex 9010) Or Equivalent Generation. (Minimum 4GB RAM, 500 GB HDD, Processor 3.20 GHz) With 20” LED, Keyboard, mouse and connected material
2. LaserJet Printer (HP1102 or Equivalent Version)
40
FORM OF CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______
day of ______________________ (month) 2020, between _________________________
_____________________________________(hereafter called the “Employer”) of the one
part and ____________________________________________ (hereafter called the
“Contractor”) of the other part.
WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of I.T
Equipment Items should be carried out / executed by the Contractor and has accepted a Bid
of the Contractor for the execution and completion of such Works and the remedying of any
defects therein.
NOW this Agreement witness as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents after incorporating addenda, if any except those parts relating
to Instructions to Bidders, shall be deemed to form and be read and construed as part
of this Agreement, viz:
(a) Contract Agreement.
(b) Letter of Acceptance (Work Order).
(c) The completed Form of Request for Proposals (Bidding Documents)
(d) The Conditions of Contract and Special Conditions of Contract.
(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.
3. The Procurement of I.T Equipment should be as per specifications mentioned in
Tender Document (Bidding Documents). If the material provided by the Contractor will
not meet the specification as per aforesaid requirement, then necessary action will be
taken against the Contractor as provided under law.
4. With reference to Tender Document (Bidding Documents) mutually agreed between
the Employer and Contractor relevant copies of the Request for Proposals (Bidding
Documents) attached to this contract / agreement are;
(a) “Financial Proposals” of Bidding Documents.
(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.
5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete
consignment under contract agreement. Final Payment shall be made on completion
of work (supply of all Goods / Services) and fulfillment of all terms and conditions of
contract and submission of Guarantee as required under the Special Conditions of
Contract. No other charges to be paid after the full payment.
6. Tender Document (Bidding Documents) of the subject procurement shall be
considered part of the Contract Agreement.
41
7. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy defects herein in conformity and in all respects
with the provisions of the Contract.
8. The Employer hereby covenants to pay the Contractor, in consideration of the
execution and completion of the Works as per provisions of the Contract, at the times
and in the manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the ----------------------------------------------------------
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day, month and year first before written in accordance with their respective laws.
Signature of the Contactor Signature of Employer
_______________________________ _______________________________
(Seal) (Seal)
Signed, Sealed and Delivered in the presence of:
Witness: Witness:
_______________________________ _______________________________
(Name, Title and Address) (Name, title and Address)
42
CONDITIONS OF CONTRACT
Definitions and Interpretations
1.3 Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have
the meanings hereby assigned to them:
1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work
Order).
1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of
Contract.
1.1.3 "Contract" means the agreement between the Employer and the Contractor
for the execution of the Works incorporating the Conditions, Specifications,
Tender, Letter of Acceptance (Work Order) and such further documents as may
be expressly incorporated by the Letter of Acceptance (Work Order). Any
subsequent documents mutually agreed and signed by the Employer and the
Contractor shall be the part of the Contract.
1.1.4 "Contract Agreement" means the documents recording the terms of the
Contract between the Employer and the Contractor.
1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work
Order) as payable to the Contractor for the Supply, Installation, Execution and
Completion of the Works subject to such additions thereto or deductions
therefrom as may be made under the provisions of hereinafter contained and
remedying of any defects therein in accordance with the provisions of the
Contract.
1.1.6 "Contractor" means the person whose bid has been accepted by the
Employer and the legal successors in title to the Contractor but not (except with
the consent of the Employer) any assignee of the Contractor.
1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and
operation & maintenance manuals to be submitted by the Contractor.
1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement
Committee for satisfactory execution of work / supply & installation of Goods in
accordance with these Conditions of Contract.
1.1.9 "Defects Liability Period" means one year following taking over (issuing date
of Receipt Certificate), during which the Contractor is responsible for making
good defects and damage in accordance with the Conditions of Contract.
1.1.10 “Employer" means the person named as such in the Form of Contract and the
legal successors in title to the Employer but not (except with the consent of the
Contractor) any assignee of the Employer.
43
1.1.11 "Employer's Drawings" means all the drawings, information and
specifications provided by the Employer to the Contractor under the Contract.
1.1.12 "Employer's Risks” means those risks defined in these Conditions of
Contract.
1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of
Contract.
1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation
of the most elementary rules of diligence which a conscientious contractor in
the same position and under the same circumstances would have followed.
1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the
formal acceptance by the Employer of the Tender incorporating any
adjustments or variations to the Tender agreed between the Employer and the
Contractor.
1.1.16 "Retention Money" means the security to be deducted from the payable
amounts of the Contractor in accordance with the terms and conditions of the
Contract.
1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all
things to be provided under the Contract.
1.1.18 "Site" means the place or places, provided or made available by the Employer
where work is to be done by the Contractor or to which Goods are to be
delivered / installed / fixed, together with so much of the area surrounding the
same as the Contractor shall with the consent of the Employer use in
connection with the Works otherwise than merely for the purposes of access.
1.1.19 "Specification" means the specification of the Goods included in the
Pre-Qualification Notice / Documents for Pre-Qualification / Request for
Proposals (Bidding Documents) / Contract and any modification thereof made
in accordance with the Conditions of Contract.
1.1.20 “Procurement Committee” means a Committee constituted by the Employer
to perform the functions as such under the terms and conditions of Contract.
1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee” means a Committee constituted by the Employer to perform the
functions as such under the terms and conditions of Contract.
1.1.22 “Finance Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.23 “Verification Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement
Committee to the Contractor in accordance with these Conditions of Contract.
44
1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods
and its Installation / Fixation. The word “Tender” is synonymous with the word
“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request
for Proposals” including financial proposal and technical proposal.
1.1.26 "Inspection on Completion" means the tests / inspections specified in the
Contract or otherwise agreed by the Procurement Committee and the
Contractor to be performed before the goods / services / works are taken over
by the Employer.
1.1.27 "Time for Completion" means the time stated in the Contract / Bidding
Documents for completing the Works. The time for completion shall be
calculated from the Commencement Date to the issuance of Receipt Certificate
by the Procurement Committee of the Directorate General Sports / Sports
Board Punjab.
1.1.28 "Variation Order" means any written order, identified as such, issued to the
Contractor by the Procurement Committee under the Conditions of Contract.
1.1.29 "Works" means all supply, installation of Goods and Services to be
provided, installed / fixed and work to be done by the Contractor under
the Contract.
1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for replacing any
defective Goods / Equipments during the specified Guarantee period, which
should commence after “Receipt Certificate”.
1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for making good any
defective Goods / Equipments during the specified Warranty period, which
should commence after “Receipt Certificate”.
1.4 Periods
In these Conditions "days" means calendar day and "year" means 365 days.
2.1 Assignment
The Contractor shall not assign the Contract or any part of his obligations under the
Contract. A charge in favour of the Contractor's bankers of any monies due under the
Contract shall not be considered an assignment.
3.1 Subcontracting
The Contractor shall not subcontract the part or whole of the Works.
45
4.5 Day to Day Communications
The language for day to day communications is stated in the Preamble.
4.6 Priority of Contract Documents
Unless otherwise provided in the Contract, the priority of the Contract documents shall
be as follows:
1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.
5.3 General Obligations
a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.
b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.
Contract Agreement
6.3 Contract Agreement
The Contractor shall, if called upon so to do, execute a Contract Agreement recording
all the terms of the Contract, to be prepared by and completed.
6.4 Sufficiency of Contract Price
The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:
(a) All the conditions and circumstances affecting the Contract Price,
(b) The possibility of carrying out the Works as described in the Contract,
(c) The general circumstances at the Site and
(d) The general labour position at the Site.
6.5 Physical Obstructions and Conditions
If during the execution of the Works on Site, the Contractor encounters physical
obstructions or conditions of the kind stipulated in these Conditions of Contract, the
Contractor shall be entitled to recover such additional cost incurred in consequence.
The Procurement Committee shall certify and there shall be added to the Contract
Price the additional cost, after approval by the Employer.
Contractor's Representative
7.23 Contractor's Representative
The Contractor shall employ one or more competent representatives to superintend
the carrying out of the Works on Site. They shall be fluent in the language for day to
46
day communications. Their names shall be communicated in writing to the
Procurement Committee before work (supply and installation of Goods) on Site begins.
Any instruction or notice which the Employer give to the Contractor's representative
shall be deemed to have been given to the Contractor.
7.24 Objection to Contractor's Employees
The Contractor shall, upon the Employer’s written instruction, remove from the Works
any person employed by him in the execution of the Works, who misconducts himself
or is incompetent or negligent.
7.25 Safety Precautions
The Contractor shall observe all applicable regulations regarding safety on the Site.
Unless otherwise agreed, the Contractor shall, from the commencement of work on
Site till taking over by the Employer, provide:
(a) Fencing, lighting, guarding and watching of the Works, and
(b) Temporary roadways, footways, guards and fences which may be necessary
for the accommodation and protection of owners and occupiers of adjacent
property, the public and others.
In order to provide for the safety, health and welfare of persons, and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the safety requirements of the
Government of Pakistan with such modifications thereto as the Procurement
Committee may authorize or direct and the Contractor shall take or cause to be taken
such further measures and comply with such further requirements as the Procurement
Committee may determine to be reasonably necessary for such purpose.
The Contractor shall make, maintain, and submit reports to the Procurement
Committee concerning safety, health and welfare of persons and damage to property
as the Procurement Committee may from time to time prescribe.”
7.26 Electricity Water and Gas
The Contractor shall be responsible for making his own arrangements for the adequate
supply of electricity, water and gas required for the effective performance of his
obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled
to use for the purposes of the Works such supplies and services as may be available
on the Site. The Contractor shall, before the commencement of the work at Site, seek
the approval of the Procurement Committee as to his detailed requirements of
electricity, water and gas for the entire Contract period. The Contractor shall pay the
Employer at the rates / cost incurred by the Employer. The Contractor shall at his own
cost provide any apparatus necessary for such use”. The contractor will bear the cost
of distribution network for electricity, potable water, telephone, gas and their
consumption by his own personnel for the purpose of the work.
47
7.27 Employer's Equipment
The Employer may, if the Contractor so requests for the execution of the works,
operate any available equipment of the Employer. The Contractor shall pay the
Employer a mutually agreed price for such use.
The Employer shall during such operation retain control of and be responsible for the
safe working of the equipment. In case of any damage / loss by the Contractor, such
loss shall be made good by the Contractor.
7.28 Clearance of Site
The Contractor shall from time to time during the progress of the Works clear away
and remove all surplus materials and rubbish. On completion of the Works, the
Contractor shall remove all Contractor's Equipment and leave the whole of the Site
and the Works clean and in a workmanlike condition, to the satisfaction of the
Procurement Committee.
7.29 Authority for Access
No persons other than the employees of the Contractor shall be allowed on the Site
except with the consent of the Procurement Committee.
Facilities to inspect the Works shall at all times be afforded by the Contractor to the
Procurement Committee, the Employer's representatives, authorities and officials.
7.30 Information for Import Permits and Licenses
The Contractor shall submit to the Employer in good time such details of all Goods /
Equipment to be imported into Pakistan.
7.31 Compliance with Statutes, Regulations
The Contractor shall, in all matters arising in the performance of the Contract, comply
in all respects with, give all notices and pay all fees required by the provisions of any
National or State Statute, Ordinance or other law or any Regulation or Bye-law of any
duly constituted authority.
7.32 Compliance with Laws
The Contractor shall comply with the laws of Pakistan where the Goods are to be
installed / fixed.
7.33 Photographs of Works and Advertisement Prohibited
Except with the prior written authorization of the Employer, the Contractor shall not
exhibit or permit to be exhibited and Photographs or advertisement on the Works.
Obligations of the Employer
8.3 Access to and Possession of the Site
The Employer shall in reasonable time grant the Contractor access to and possession
of the Site, which may, however, not be exclusive to the Contractor.
48
8.10 Consents and Way leaves
The Employer shall in due time obtain or grant all consents including permits-to-work,
way leaves and approvals required for the Works.
8.11 Import Permits and Licenses
The Employer shall issue permissions, letters, certificates and provide such other
assistance to the Contractor for his obtaining permits-to-work, way leaves and
approvals from any other department / authority and right of way from private owners,
if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.
8.12 Records of Safety and Health
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of persons and damage to property as the Procurement Committee
may from time to time prescribe.
8.13 Reporting of Accidents
The Contractor shall report to the Procurement Committee details of any accident as
soon as possible after its occurrence. In the case of any fatality or serious accident,
the Contractor shall, in addition to appropriate action required under the law, notify the
Procurement Committee immediately by the quickest available means.
9.9 Sample Testing
Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee shall inspect, examine and test a sample of each item of Goods
/ Materials (Sports items) to be supplied under the Contract. The supply and installation
of all Goods shall be subject to the approval of sample by the said Committee.
9.10 Inspection and Testing During Installation
The Procurement Committee shall be entitled during installation / fixation to inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. This shall take place on the Contractor's
premises during working hours.
No such inspection, examination or testing shall release the Contractor from any
obligation under the Contract.
9.11 Independent Inspection
Verification Committee of Sports Board Punjab, during installation, may inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. For this purpose, such independent
inspection shall be considered as Procurement Committee’s inspection.
The inspection and testing of the materials supplied / installed under the Contract shall
be carried out by the Procurement Committee which shall, after satisfaction, issue the
Certificate of Receipt.
49
9.12 Date for Inspection and Testing
The Procurement Committee or Verification Committee shall give the Contractor 24
hours notice of his intention to attend the inspection / tests. The Contractor shall
provide such assistance, labour materials, electricity, fuel, stores, apparatus and
instruments as may be necessary to carry out the inspection / tests efficiently.
10.3 Rejection
If, as a result of the inspection, examination or testing as referred in the above stated
Clause, the Procurement Committee or Verification Committee of the Sports Board
Punjab decides that any Goods is defective or otherwise not in accordance with the
Contract, it may reject such Goods and shall notify the Contractor thereof immediately.
The notice shall state the Procurement Committee’s or Verification Committee’s
objections with reasons.
The Contractor shall then with all speed make good the defect or ensure that any
rejected Goods complies with the Contract.
If the Procurement Committee or Verification Committee requires such Goods to be
retested, the tests shall be repeated under the same terms and conditions. All costs
incurred by the Employer by the repetition of the tests shall be deducted from the
Contract Price.
Suspension of Works or Delivery
11.11 Order to Suspend
The Procurement Committee or the Employer may at any time instruct the Contractor to:
(a) Suspend progress of the Works, or
(b) Suspend delivery of Goods or Contractor's Equipment which is ready for
delivery to the Site at the time for delivery or if no time is specified, at the time
appropriate for it to be delivered, or
(c) Suspend the installation of Goods which has been delivered to the Site.
When the Contractor is prevented from delivering or installing Goods, it shall be
deemed that Procurement Committee or the Employer has instructed a suspension,
except when such prevention is caused by the Contractor's default.
The Contractor shall, during suspension period, protect and secure the Works or
Goods at the Site, as the case may be, against any deterioration, loss or damage.
11.12 Cost of Suspension
The additional cost incurred by the Contractor in protection, securing and insuring the
Works or Goods and in following the Procurement Committee’s or Verification
Committee’s instructions and in resumption of the work, shall be added to the Contract
Price. Such additional cost shall be determined by the Procurement Committee and
approved by the Employer.
50
The Contractor shall not be entitled to be paid any additional costs if such suspension
is necessary by reason of a default on the part of the Contractor.
The Contractor shall not be entitled to additional costs unless he notifies the
Procurement Committee or Employer of his intention to make such claim, within twenty
eight (28) days after receipt of the order to suspend progress or delivery or installation.
11.13 Payment in Event of Suspension
The Contractor shall be entitled to payment for Goods which has not been delivered to
Site if the work on Goods or delivery of Goods has been suspended for more than
twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall
be entitled to payment of the value as determined by the Procurement Committee.
A Certificate of payment shall be issued on condition that:
(a) The Contractor has marked the Goods as the Employer's property in
accordance with the Procurement Committee’s instructions, and
(b) The suspension is not due to the Contractor's default.
11.14 Prolonged Suspension
If suspension under above Clause, has continued for more than eighty four (84) days,
and the suspension is not due to the Contractor's default, the Contractor may, by notice
to the Procurement Committee or the Employer, require permission to proceed within
twenty eight (28) days.
If permission is not granted within that time, the Contractor may treat the suspension
as an omission under the Conditions of Contract or if the suspension affects the whole
of the Works, terminate the Contract.
11.15 Resumption of Work
If the Contractor chooses not to treat prolonged suspension as an omission or
termination under the Conditions of Contract, the Employer shall upon the request of
the Contractor, take over the responsibility for protection, storage, security and
insurance of the suspended Works and of the Goods which has been delivered to the
Site, and risk of loss or damage thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor, shall after due notice
to the Procurement Committee, examine the Works and the Goods affected by the
suspension. The Contractor shall make good any deterioration or defect in or loss of
the Works or Goods that may have occurred during the suspension. Cost properly
incurred by the Contractor which would not have been incurred but for the suspension
shall be added to the Contract Price.
The Contractor shall not be entitled to payment for costs incurred in making good any
deterioration, defect or loss caused by faulty workmanship or materials or by the
Contractor's failure to take the measures for protecting and securing the Works or
Goods during suspension.
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Completion
12.7 Time for Completion
The Works (Supply and Installation of Goods) at the specified place of the work
mentioned in the Conditions of Contract / Bidding Documents shall be completed,
tested and commissioned within the stipulated period mentioned in Conditions of
Contract / Bidding Documents.
12.8 Extension of Time for Completion
The Contractor may claim an extension of the Time for Completion if he is or will be
delayed in completing the Works by any of the following causes:
(a) Extra or additional work ordered in writing under Conditions of Contract,
(b) Exceptional adverse weather conditions,
(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,
(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,
(e) The failure of the Employer to fulfill any of his obligations under the Contract,
(f) Delay by any other contractor engaged by the Employer,
(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,
(h) Force Majeure.
The Contractor shall give to the Employer or Procurement Committee notice of his
intention to make a claim for an extension of time within fourteen (14) days of the
circumstances for such a claim becoming known to the Contractor. The notice shall be
followed as soon as possible by the claim with full supporting details.
The Employer or the Procurement Committee, after due consultation with the
Employer, shall grant the Contractor from time to time, either prospectively or
retrospectively, such extension of Time for Completions as may be justified. In case of
time extension by Procurement Committee, it shall notify the Employer and the
Contractor accordingly.
The Contractor shall be entitled to such extension whether the delay occurs before or
after the Time for Completion.
12.9 Delay in Completion
If the Contractor fails to deliver the Works or any part thereof, within the stipulated time
period under the Conditions of Contract or fails to complete the whole of the Work, or,
if applicable, any Section thereof within the relevant time prescribed by Conditions of
Contract, then the Contractor shall pay to the Employer the relevant sum stated herein
below as liquidated damages for such default (which sum shall be the only moneys
due from the Contractor for such default) for every day or part of a day which shall
elapse between the relevant time for Delivery or Time for Completion and the actual
date of delivery at site or the date stated in a Receipt Certificate of the whole of the
Works or the relevant Section, as the case may be, subject to the applicable limit stated
herein below.
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The Employer may deduct the amount of such damages from any monies due or to
become due to the Contractor. The payment or deduction of such damages shall not
relieve the Contractor from his obligation to complete the Works, or from any other of
his obligations and liabilities under the Contract.
The liquidated damages for each day of delay and the maximum amount of liquidated
damages shall be the amounts mentioned in the Special Conditions of Contract
(Special Stipulations).
Taking Over
13.5 Taking Over
The Works shall be deemed “taken over by the Employer” when they have been
completed in accordance with the Contract, have passed the Inspection Tests on
Completion, Procurement Committee has issued the Inspection Certificate and a
Receipt Certificate has been issued or deemed to have been issued in accordance
with Conditions of Contract.
13.6 Receipt Certificate
The Contractor may apply by notice to the Procurement Committee for a Receipt
Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's
opinion, be complete and ready for taking over.
The Procurement Committee shall within twenty eight (28) days after the receipt of the
Contractor's application either:
(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance
Committee stating the date on which the Works were complete and ready for
taking over, or
(b) Reject the application giving his reasons and specifying the work required to
be done by the Contractor to enable the Receipt Certificate to be issued.
If the Procurement Committee fails either to issue the Receipt Certificate or to reject
the Contractor's application within the period of twenty eight (28) days, the Contractor
shall give notice to the Employer. In case no action is taken by the Employer to issue
the Receipt Certificate or reject the Contractor’s application within the period of twenty
eight (28) days, it shall be deemed that Procurement Committee has issued the
Receipt Certificate on the last day of Contractor’s notice time period before the
Employer.
Defects after Taking Over
14.15 Defects Liability Period
Defects Liability Period shall be as mentioned in the Special Conditions of Contract
(Special Stipulations). The Contractor shall be responsible of making good any defect
in or damage to any part of the Goods / Installation of Goods which may appear or
occur during the Defects Liability Period and which arises from, either:
53
(a) Any defective equipment, materials, workmanship or design, or
(b) Any act or omission of the Contractor during the Defects Liability Period.
The Contractor shall make good the Defects or damage as soon as practicable and at
his own cost.
14.16 Notice of Defects
If any such defect appears or damage occurs, the Employer or the Procurement
Committee shall forthwith notify the Contractor thereof.
14.17 Extension of Defects Liability Period
The provision of this Clause shall apply to all replacements or renewals carried out by
the Contractor as if the replacements and renewals had been taken over on the date
they were completed.
The Defects Liability Period for the Works shall be extended by a period equal to the
period during which the Works cannot be used by reason of a defect or damage. If only
part of the Works cannot be used by reason of a defect, the Defect Liability Period shall
be extended only for that part.
In neither case shall the Defects Liability Period be extended by further more than one
year.
When installation or delivery of Goods has been suspended under the Conditions of
Contract, the Contractor's obligations under this Clause shall not apply to any defects
occurring more than three years after it would have been delivered but for the
suspension or such period as may be mutually agreed period.
14.18 Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a reasonable time fixed by
the Procurement Committee, the Employer may fix a final time for remedying the defect
or damage.
If the Contractor fails to do so, the Employer may:
(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or
(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or
(c) If the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works (supply and installation of
Goods) or a part thereof, he may terminate the Contract in respect of such parts
of the Works as cannot be put to the intended use. The Employer shall to the
exclusion of any remedy under the Conditions of Contract be entitled to recover
all sums paid in respect of such parts of the Works together with the cost of
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dismantling the same, clearing the Site and returning Goods to the Contractor
or otherwise disposing of it in accordance with the Contractor's instructions.
14.19 Removal of Defective Work
If the defect of damage is such that repairs cannot be expeditiously carried out on the
Site, the Contractor may with the consent of the Procurement Committee or the
Employer remove from the Site for the purposes of repair any part of the Goods /
Equipment which is defective or damaged.
14.20 Right of Access
Until the Final Payment has been made, the Contractor shall have the right of access
to all parts of the Works and to records of the working and performance of the Works.
14.21 Guarantee / Warranty Period
When the Guarantee / Warrantee Period for the Goods or any part thereof has expired
and the Contractor has fulfilled all his obligations under the Contract, Procurement
Committee shall issue within twenty eight (28) days to the Employer and the Contractor
a Guarantee / Warranty Relieving Certificate to that effect.
Variations
15.7 Employer and Procurement Committee’s Right to Vary
The Employer or Procurement Committee may, by Variation Order to the Contractor
at any time before the Works are taken over, instruct the Contractor to alter, amend,
omit, add to or otherwise vary any part of the Works (supply and installation of Goods).
The Contractor shall not vary or alter any of the Works, except in accordance with a
Variation Order from the Employer or Procurement Committee.
15.8 Variation Order Procedure
Prior to any Variation Order under Clause referred to above, the Employer or
Procurement Committee, as the case may be, shall notify the Contractor of the nature
and form of such variation.
Following the receipt of the Contractor's submission, the Procurement Committee
shall, after due consultation with the Employer and the Contractor, decide as soon as
possible whether or not the variation shall be carried out.
If the Procurement Committee decides that the variation shall be carried out, he shall
issue a Variation Order clearly identified as such in accordance with the Contractor's
submission or as modified by agreement.
15.9 Contractor to Proceed
On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the
variation and be bound to these Conditions in so doing as if such variation was stated
in the Contract. The delivery time may be extended by mutual consent of the parties,
55
as a result of Variation Order. The work shall not be delayed pending the granting of
an extension of the Time for Completion.
Ownership of Goods
16.3 Ownership of Goods
Goods (Equipment) to be supplied pursuant to the Contract shall become the property
of the Employer at the time whichever is the earlier of the following times:
(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled
to payment of the value of the Goods.
Certificates and Payment
17.13 Terms of Payment
The terms of payment shall be as stated in the Form of Contract Agreement.
17.14 Method of Application
The Contractor shall submit to the Finance Committee of Directorate General Sports /
Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in
such form as the Finance Committee may from time to time prescribe.
The Finance Committee shall examine such Invoices within fourteen (14) days after
receiving Invoices. If the invoice amount is not accepted by the Finance Committee,
the disputed amount which is retained, shall be communicated, giving the reasons in
writing, to the Contractor within the same time.
17.15 Corrections to Invoices of Payment
The Finance Committee may in any invoice of payment make any correction or
modification that should properly be made in respect of any previous invoice.
17.16 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any
condition of Contract, be paid by the Employer to the Contractor by verifying the
payment within thirty (30) days of the receipt of such invoice. In case of the Final
Payment, it shall be paid by verifying the payment within sixty (60) days after receipt
of Final Bill / Invoice from the Contractor.
Deduction shall be made from the net amounts payable to the Contractor of any sum(s)
in accordance with the prevalent Federal and / or Provincial laws, provided that no
such deduction shall be made from those payments in respect of which the Contractor
has obtained exemption under the Law.
17.17 Withholding of Payment
If the Works or any parts thereof are not being carried out to the Procurement
Committee’s satisfaction and in order to protect the Employer from loss on account of:
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(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the
Government
The Finance Committee may notify withholding of such payments or part thereof as
may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons
/ grounds for withholding the payment are removed by the Contractor, the Finance
Committee shall upon being satisfied to that effect release payment.
17.18 Invoices and Receipts
The Contractor shall, when required by the Employer / Finance Committee, produce
quotations, invoices, vouchers and accounts or receipts in connection with expenditure
in respect of Provisional Sums.
Risk and Responsibility
18.15 Allocation of Risk and Responsibility
The Risks of loss or damage to physical property and of death and personal injury
which arise in consequence of the performance of the Contract shall be allocated
between the Employer and the Contractor as follows:
(a) The Employer: the Employer’s Risks as specified herein below.
(b) The Contractor: the Contractor's Risks as specified herein below.
18.16 Employer's Risks
“The Employer's Risks are:
(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;
(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;
(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.
(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.
18.17 Contractor's Risks
The Contractor's Risks are all risks other than those identified as the Employer's Risks.
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18.18 Contractor's Responsibility for the Care of the Works
The Contractor shall be responsible for the care of the Works / Goods or any Section
thereof from the Commencement until the Delivery Date (issuing date of Certificate of
Receipt) applicable thereto under the Conditions of Contract.
The Contractor shall also be responsible for the care of any part of the Works / Goods
upon which any outstanding work is being performed by the Contractor during the
Defects Liability Period until completion of such outstanding work.
18.19 Risk Transfer Date
The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a
Section thereof is the earliest of either:
(a) The date of issue of the Receipt Certificate, or
(b) The date of expiry of the notice of termination when the Contract is terminated
by the Employer or the Contractor in accordance with these Conditions.
18.20 Loss or Damage before Risk Transfer Date
Loss of or damage to the Works (Supply and Installation of Goods) or any Section
thereof occurring before the Risk Transfer Date shall:
(a) To the extent caused by any of the Contractor's Risks, be made good forthwith by
the Contractor at his own cost, and
(b) To the extent caused by any of the Employer's Risks, be made good by the
Contractor at the Employer's expense if so required by the Procurement
Committee within twenty eight (28) days after the occurrence of the loss or
damage. The price for making good such loss and damage shall be in all
circumstances reasonable and shall be agreed by the Procurement Committee
and the Contractor, or in the absence of agreement, shall be fixed by Procurement
Committee in consultation and approval of the Employer.
18.21 Loss or Damage after Risk Transfer Date
After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage
to any part of the Works shall, except in the case of Gross Misconduct, be limited:
(a) To the fulfillment of the Contractor's obligations under the Conditions of
Contract in respect of defects therein, and
(b) To making good forthwith loss or damage caused by the Contractor during the
Defects Liability Period.
Damage to Property and Injury to Persons
19.7 Contractor's Liability
Except as provided under Clause referred to above, the Contractor shall be liable for
and shall indemnify the Employer against all losses, expenses and claims in respect
of any loss of or damage to physical property (other than the Works), death or personal
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injury occurring before the issue of the last Defects Liability Certificate to the extent
caused by:
(a) Defective design, material or workmanship of the Contractor, or
(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.
19.8 Employer's Liability
The Employer shall be liable for and shall indemnify the Contractor against all losses,
expenses or claims in respect of loss of or damage to any physical property or of death
or personal injury whenever occurring, to the extent caused by any of the Employer's
Risks.
19.9 Accidents
The Contractor shall be liable for and shall indemnify the Employer against all losses,
expenses or claims arising in connection with the death of or injury to any person
employed by the Contractor for the purposes of the Works (Supply and Installation of
Goods), unless caused by any acts or defaults of the Employer, or other contractors
engaged by the Employer or by their respective employees or agents. In the later
cases, the Employer shall be liable for and shall indemnify the Contractor against all
losses, expenses and claims arising in connection therewith.
Force Majeure
20.11 Definition of Force Majeure
Force Majeure means any circumstances beyond the control of the parties, including
but not limited to:
(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,
(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,
(c) Rebellion, revolution, insurrection, military or usurped power and civil war,
(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.
20.12 Effect of Force Majeure
Neither party shall be considered to be in default or in breach of his obligations under
the Contract to the extent that performance of such obligations is prevented by any
circumstances of Force Majeure which arise after the date of the Letter of Acceptance
(Work Order) or the date when the Contract becomes effective, whichever is the
earlier.
20.13 Notice of Occurrence
If either party considers that any circumstances of Force Majeure have occurred which
may affect performance of his obligations he shall promptly notify the other party and
the Procurement Committee thereof.
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20.14 Performance to Continue
Upon the occurrence of any circumstances of Force Majeure, the Contractor shall
endeavour to continue to perform his obligations under the Contract so far as
reasonably practicable. The Contractor shall notify the Procurement Committee of the
steps he proposes to take including any reasonable alternative means for performance
which is not prevented by Force Majeure. The Contractor shall not take any such steps
unless directed so to do by the Procurement Committee.
20.15 Payment on Termination for Force Majeure
If the Contract is terminated under above referred Clause, the Contractor shall be paid
the value of the work done.
Default
21.7 Notice of Default
If the Contractor is not executing the Works in accordance with the Contract or is
neglecting to perform his obligations there under so as seriously to affect the carrying
out of the Works, the Employer or Procurement Committee may give notice to the
Contractor requiring him to make good such failure or neglect.
21.8 Contractor's Default
If the Contractor:
(a) Has failed to comply within a reasonable time with a notice under Clause
referred to above, or
(b) Assigns the Contract or subcontracts the Works without the Employer's written
consent, or
(c) Becomes bankrupt or insolvent, has a receiving order made against him or
compounds with his creditors, or carries on business under a receiver, trustee
or manager for the benefit of his creditors or goes into liquidation.
The Employer may, after having given seven (7) days notice to the Contractor,
terminate the Contract and expel the Contractor from the Site.
Any such expulsion and termination shall be without prejudice to any other rights or
powers of the Employer or Procurement Committee under the Contract.
The Employer may upon such termination complete the Works (supply and installation
of Goods) himself or by any other contractor, at the risk & cost of the Contractor.
21.9 Payment after Termination
The Employer shall not be liable to make any further payments to the Contractor until
the Works have been completed. When the works are so complete, the Employers
shall be entitled to recover from the Contractor the extra costs, if any, of completing
the Works. The contractor shall be allowed only such sum for the value of Works done
by him prior to termination of contract and certified by the Procurement Committee.
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Customs / Import Duties and Other Taxation
22.5 Customs / Import Duties and other Taxation
The Contractor shall pay all customs, import duties and taxes in consequence of the
importation of Goods. The rates and prices quoted by the Contractor in the Financial
Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,
Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well
as fees charge for services provided under this Contract. The taxation is leviable as
per Income Tax Laws issued by the Government of Pakistan and applicable laws of
the Country.
22.6 Clearance through Customs
The Contractor shall be responsible for clearance of all Goods to be supplied under
the Contract. However, the Employer may assist the Contractor in obtaining clearance
through the customs of Goods.
Notices
23.7 Notices to Contractor
All certificates, notices or written orders to be given to the Contractor by the Employer
or the Procurement Committee under these Conditions shall be sent by either of the
means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's
principal place of business or such other address as the Contractor shall nominate for
that purpose, or may be handed over to the Contractor's representative.
23.8 Notice to Employer and Procurement Committee or Finance Committee or
Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee
Any notice to be given to the Employer or to the Procurement Committee / Finance
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee under these Conditions shall be sent by Airmail Post, Courier Service, or
to be delivered & got received at the respective addresses nominated for that purpose
by the Employer in the Form of Contract.
23.9 Minutes of Meetings
Instructions or notices from the Employer to the Contractor and notices from the
Contractor to the Employer recorded in a minute or protocol signed by the authorized
representatives of the giver and recipient of such notice or instruction shall be valid
notice or instruction for the purposes of the Contract.
Disputes and Arbitration
24.7 If a dispute of any kind whatsoever arises between the Employer and the Contractor
in connection with, or arising out of, the Contract or the execution of the Works, whether
during the execution of the Works or after their completion and whether before or after
repudiation or other termination of the Contract, including any dispute as to any
opinion, instruction, determination, certificate or valuation of the Procurement
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee / Finance Committee, the matter in dispute shall, in the first place, be
referred in writing to the Verification Committee, with a copy to the other party. Such
reference shall state that it is made pursuant to this Clause. No later than the fifty sixth
(56) day after the day on which he received such reference, the Verification Committee
61
shall give notice of his decision to the Employer and the Contractor. Such decision
shall state that it is made pursuant to this Clause.
Unless the Contract has already been repudiated or terminated, the Contractor shall,
in every case, continue to proceed with the Work with all due diligence, and the
Contractor and the Employer shall give effect forthwith to every such decision of the
Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee or Finance Committee unless and until the same shall be
revised, as hereinafter provided in an amicable settlement or in an arbitral award.
In any case where the Conditions of Contract provide that the decision of the
Verification Committee is to be final and conclusive, such decision shall not be
referable to arbitration under this Clause nor shall the same be questioned in any other
form of proceedings whatsoever.
24.8 If either the Employer or the Contractor be dissatisfied with a decision of the
Verification Committee or if the Verification Committee fails to give notice of his
decision on or before the fifty sixth (56) day after the day on which he received the
reference, then either the Employer or the Contractor may, on or before the twenty
eighth (28) day after the day on which the said period of fifty six (56) days expired, as
the case may be, give notice to the other party to commence arbitration, as hereinafter
provided, as to the matter in dispute. Such notice shall establish the entitlement of the
party giving the same to commence arbitration, under the provisions of Arbitration Act,
1940, as to such dispute and, subject to Clause referred to above, no arbitration in
respect thereof may be commenced unless such notice is given.
If the Verification Committee has given notice of his decision as to a matter in dispute
to the Employer and the Contractor and no notification of intention to commence
arbitration as to such dispute has been given by either the Employer or the Contractor
on or before the twenty eighth (28) day after the day on which the parties received
notice as to such decision from the Verification Committee, the said decision shall
become final and binding upon the Employer and the Contractor.
24.9 Where notice of intention to commence arbitration as to a dispute has been given in
accordance with Clause referred to above, arbitration of such dispute shall not be
commenced unless an attempt has first been made by the parties to settle such dispute
amicably through mutual negotiation within ninety (90) days from the date of
notification of Verification Committee’s decision.
Law and Procedure
25.5 Applicable Law
The law which is to apply to the Contract and under which the Contract is to be
construed is the laws of Islamic Republic of Pakistan.
25.6 Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential and
shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or elsewhere without the prior consent in writing of the Employer. If
any dispute arises as to the necessity of any publication or disclosure for the purpose
of the Contract, the decision of Employer shall be final.
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SPECIAL CONDITIONS OF CONTRACT
(SPECIAL STIPULATIONS)
1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).
2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).
3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).
4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).
5. Defects Liability Period 90 days from the effective date of Receipt Certificate.
6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)
5% of Contract Price stated in the Letter of Acceptance (Work Order).
7. Payment Schedule On Supply of Complete consignment for a site (Gymnasium) under the contract agreement.
8. Currency of Payment Pak Rupees.
9. Guarantee / Warranty Period 01 year from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).
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SPECIFICATIONS OF I.T EQUIPMENT.
a. The specifications given in Technical and Financial
Proposals subject to any modification by the Employer, shall
be strictly adhered to by the Bidder.
b. Brand Name, Company Name and Specifications of the
offered Goods should be clearly mentioned.
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LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF I.T EQUIPMENT ITEMS
• The quantity of I.T Equipment is required for the following 5 sites:-
i. Tehsil Level Gymnasium at Chak Jhumra, District Faisalabad.
ii. Tehsil Level Gymnasium at Jarranwala, District Faisalabad.
iii. Tehsil Level Gymnasium at Shoor Kot, District Jhang.
iv. Tehsil Level Gymnasiums at Hasilpur, District Bahawalpur.
v. Tehsil Level Gymnasiums at Haroonabaad, District Bahawalnagar.
• The quantity required for each site is as under:-
Sr. # Item Description Quantity for One Site
1
Desktop Computer Ci3 (Dell OptiPlex 9010) Or Equivalent Generation. (Minimum 4GB RAM, 500 GB HDD, Processor 3.20 GHz) With 20” LED, Keyboard, mouse and connected material
05
2 LaserJet Printer (HP1102 or Equivalent Version)
04
(Note: Procurement Committee will have the right to delete any item or to
enhance or decrease the quantity of any item of procurement).
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SECTION - 7
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
FOR SUPPLY OF I.T EQUIPMENT ITEMS
68
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
SUPPLY OF I.T EQUIPMENT ITEMS
1 Delivery Time: (Time of Completion)
Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.
2 Completion Schedule:
(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.
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ESTIMATED COST
FOR SUPPLY OF I.T EQUIPMENT ITEMS
Sr. No.
Description of Goods Estimated Cost for 1
Site
Total Estimated Cost for 5 Sites
1 I.T Equipment Items 422,000 2,110,000
NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security
(2% of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the Total Estimated
Cost.
3. Financial Proposal (Bid) of a Bidder shall be considered responsive and acceptable only if 2% Bid Security for Total Estimated Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.
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SPORTS BOARD PUNJAB
LAHORE
EVALUATION CRITERIA
SUPPLY OF I.T EQUIPMENT ITEMS
Technical Proposal shall be evaluated as per Evaluation Criteria
described in these Bidding Documents.
Financial Proposals of only responsive Bidders shall be opened and
evaluated. The Financial Proposal shall be assessed/ evaluated on
the basis of Lowest Evaluated Bid of each item of procurement.
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INDEMNITY BOND FOR GUARANTEED PERFORMANCE
(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of I.T Equipment Items on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:
for………………………………… (Signature with Name and Designation)
(Indemnifier) Firm / Company Seal
Witness: 1………………………………….………..…… Signature with Name, Designation & Address.
2………………………………….………..…… Signature with Name, Designation & Address.
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SECTION - 11
DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS (EQUIPMENT)
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DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS.
All Terms and Conditions along with Specifications of Tender Documents
(Bidding Documents) shall be applicable in assessing the quality of
supplied Goods (Equipment).
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SPORTS BOARD PUNJAB LAHORE
SUPPLY OF ADDITIONAL ITEMS
(PU PU SYNTHETIC FLOORING FOR GYM, SOUND
SYSTEM, AC SPLIT ETC.)
Tehsil Level Gymnasium at
Chak Jhumra (District Faisalabad) &
Jarranwala (District Faisalabad)
(DIRECTORATE GENERAL SPORTS /
SPORTS BOARD PUNJAB)
January 2020
TENDER DOCUMENTS
(BIDDING DOCUMENTS)
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SECTION 1: INVITATION TO BID
Date: 23.01.2020
1. “Employer” The Director General / Secretary Sports Board Punjab, National
Hockey Stadium, Ferozepur Road, Lahore.
2. The Employer invites sealed bids from the interested Firms / Companies /
Institutions for Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.).
3. The procurement procedure adopted will be “Single stage Two envelops”
as prescribed under the PPRA Rules, 2014.
4. The Bid shall be a single package consisting of two sealed envelopes,
containing the Technical Proposal and Financial Proposal, for each of the
Item procurement.
5. The above referred envelops shall be clearly marked as Technical Proposal
and Financial Proposal followed by the name of assignment / procurement
and properly sealed. This outer envelope shall be sealed bear the submission
address and title of the assignment.
6. Bidders may obtain further information from, inspect at and acquire the
Bidding Document from the office of Deputy Director (Planning), office of
Directorate General Sports Punjab, Lahore Ph. # 042-99232504.
7. A complete set of Tender Document (Bidding Document) may be obtained by
Interested Bidder on submission of a written request along-with cash deposit
of Rs. 2,000/- to the above office, by or before 20th February, 2020
at 02:00 pm.
8. All Bids / Financial Proposals must be accomplished by earnest money (Bid
Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a
Scheduled Bank in Pakistan / Guarantee issued by an Insurance
Company having at least AA rating from PACRA / JCR for an amount of
2% of the Estimated Cost referred hereinafter in the Bidding Documents
for the category of Supply of Additional Items (PU Synthetic Flooring for
Gym, Sound System, AC Split etc.) in favour of “Director General /
Secretary Sports Board Punjab, Lahore”.
9. Tender Document (Bidding Documents) include the following:-
Section 1: Invitation to Bid.
Section 2: Instructions to Bidders (including Special Instructions).
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Section 3: Technical and Financial Proposals-Standard Form for Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.).
Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.
Section 5: Specifications and Performance Criteria
Section 6: List of Goods / Services (Bill of Quantities)
Section 7: Delivery time / Completion Schedule
Section 8: Estimated Cost.
Section 9: Evaluation Criteria
Section 10: Format of Securities required
Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.
10. It is mandatory for Tender Document (Bidding Documents) to be made by
using the Standard Forms of these Documents. The Technical and Financial
Proposals that are not in the prescribed format may be discarded. If any
information required in the Forms is found missing or written elsewhere, no
credit will be given in the relevant section of the evaluation.
11. The Bidder must sign and affix Firm / Company stamp on each page of the
Tender Document (Bidding Documents)
12. Tender Document (Bidding Documents) are required to be brought in person
or by the authorized representative of the Bidder on or before
21st February, 2020 at 11:45 am positively in the office of Director Sports
Punjab, National Hockey Stadium, Ferozepur Road, Lahore.
13. The Bids (Technical Proposal) will be opened on the same day i.e.
21st February, 2020 at 12:15 pm, in the presence of Representatives of
Firms / Companies / Institutions who choose to attend the same address.
14. Financial Bids of only those bidders shall be opened which have been found
responsive as a result of assessment / evaluation of Technical Proposals.
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INSTRUCTIONS TO BIDDERS AND APPENDICES
(A) GENERAL
IB.1 Scope of Bid and Source of Funds
1.4 Scope of Bid
Director General / Secretary Sports Board Punjab (hereinafter called the
“Employer”) wishes to receive Request for Proposals (Bids) for the scope of
Goods and Services which include, but shall not be limited to Supply of
Additional Items (PU Synthetic Flooring for Gym, Sound System, AC
Split etc.).
A detailed scope of procurement (supply of goods) has been described
elsewhere in these documents. The successful Bidder will be expected to
supply & install the required goods / services and complete the Work within
the stipulated period (Described in Section “Delivery Time / Completion
Schedule” of the Bidding Documents) after receipt of the Letter of
Acceptance (Work Order) by the successful Bidder, as specified in these
Bidding Documents.
1.2 Source of Funds
The Employer has received funds from the Government of the Punjab and it
is intended that part of the proceeds of the funds will be applied to eligible
payments under the Contract for which these Bidding Documents are issued.
IB.2 Eligible Bidders
2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the
prescribed requirement / criteria mentioned in the Tender Notice and in this
Biding Documents after wide publication in daily newspapers and PPRA
website. Financial Proposals of only those Bidders shall be opened
(considered) who have been found eligible (responsive) as per
mandatory requirement / criteria as a result of assessment of Technical
Proposals.
IB.3 Eligible Goods and Services
3.1 All Goods (Equipment) to be supplied under this Contract shall be of
renowned Brand.
IB.4 Cost of Bidding
4.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid and the Employer will in no case be responsible or liable
for those costs, regardless of the conduct or outcome of the Bidding process.
(B) BIDDING DOCUMENTS
IB.5 Contents of Bidding Documents
5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to
Bid”.
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IB.6 Clarification of Bidding Documents
6.4 A prospective Bidder requiring any clarification(s) in respect of the Bidding
Documents may notify the Employer in writing or by fax at the address as
provided under the Tender Notice (Invitation to Bid). Employer will examine
the request for clarification of the Bidding Documents which it receives not
later than three (3) days prior to the deadline for the submission of bids and
if needed will issue the clarification / amendment of the Bidding Documents
(without identifying the source of enquiry) to all prospective Bidders who have
obtained the Bidding Documents.
IB.7 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Employer may,
for any reason, whether at his own initiative or in response to a clarification
requested by a prospective Bidder, modify the Bidding Documents by issuing
addendum.
7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant
to Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders
who have obtained the Bidding Documents. Prospective Bidders shall be
intimated of such addendum through TCS, E-mail or by hand. The Bidder
shall also confirm in the Form of Bid that the information contained in such
addenda have been considered in preparing his Bid.
7.3 To afford prospective Bidders reasonable time in which to take an addendum
into account in preparing their Bids, the Employer may at its discretion extend
the deadline for submission of Bids.
(C) PREPARATION OF BIDS
IB.8 Language of Bid
8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and
all correspondence and documents relating to the Bid, shall be written in the
English language, provided that if any printed literature furnished by the
Bidder is written in another language then it shall be accompanied by an
English translation of its pertinent passages in which case, for purposes of
interpretation of the Bid, the English translation shall govern.
IB.9 Documents Comprising the Bid
9.1 Tender Document (Bidding Documents) prepared by the Bidder shall
comprise the following components:
(a) Covering Letter
(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.
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(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.
(d) Bid Security furnished in accordance with these Instructions.
(e) Power of Attorney in accordance with these Instructions.
(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.
IB.10 Bid Prices
10.1 The Bidder shall fill up the Schedule of Prices attached to these documents
indicating the unit rates including the services to be performed under the
Contract. Prices on the Schedule of Prices shall be entered keeping in view
the instructions contained in the Preamble to the Schedule of Prices.
10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services
described in the Schedule of Prices. Items against which no rate or price is
entered by a Bidder will not be paid for by the Employer when executed and
shall be deemed covered by rates and prices for other items in the Schedule
of Prices.
10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by
the Bidder shall remain fixed during the Bidder’s performance of the Contract
and not subject to variation on any account. When the Bidders are required
to quote only fixed price(s), a Bid submitted with an adjustable price quotation
will be treated as non-responsive.
10.4 Any discount offered shall be valid for at least the period of validity of the Bid.
A discount valid for lesser period shall be considered null and void.
IB.11 Currencies of Bid
11.7 Prices shall be quoted in the currency of Pakistan (Pak rupees).
11.8 The currency of payment shall be in Pak Rupees.
IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding
Documents
12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility
and conformity to the Bidding Documents of all Goods and Services which
Bidder proposes to perform under the Contract.
12.2 The documentary evidence of the Goods / Services eligibility shall establish
to the Employer’s satisfaction. Such documentary evidence shall include the
documents / information as specifically required in the Tender Document
(Bidding Documents) Forms, the compliance thereof will only establish
Employer’s satisfaction under this Clause.
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12.3 The documentary evidence of the Goods and Services’ conformity to the
Bidding Documents shall also be required in the form of literature, drawings,
catalogues and data relating to the goods and services.
12.4 A clause-by-clause commentary on Biding requirements shall be provided
with the Bidding Documents, demonstrating the Goods and Service’s
substantial responsiveness to those Specifications or a statement of
deviations and exceptions to the provisions of the Technical Provisions as
required in Bidding Documents.
IB.13 Bid Security
13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount
of 2% of the estimated cost referred hereinafter for the category of
Supply of Additional Items (PU Synthetic Flooring for Gym, Sound
System, AC Split etc.).
13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit
at Call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank
in Pakistan / Guarantee issued by an Insurance Company having at least
AA rating from PACRA / JCR in favour of the Employer valid for a period of
twenty eight (28) days beyond the bid validity date.
13.3 The Bid Security is required to protect the Employer against the risk of
Bidder’s conduct which would warrant the security’s forfeiture.
13.4 Any Bid not accompanied by an acceptable Bid Security shall be
considered by the Employer as non-responsive.
13.5 The Bid securities of unsuccessful Bidders will be returned upon award of
contract to the successful Bidder or on the expiry of validity of Bid Security
whichever is earlier.
13.6 The Bid Security of the successful Bidder will be returned when the Bidder
has furnished the required Performance Security. If required pursuant to the
clauses of these Instructions and signed the Contract Agreement if no
performance security is required, then the bid security shall be returned after
the completion of work under the Contract Agreement.
13.7 The Bid Security may be forfeited:
(a) If a Bidder withdraws his Bid during the period of Bid validity;
(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or
(c) In the case of a successful Bidder, if he fails to:
(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or
(ii) Sign the Contract Agreement, in accordance with the clauses herein below.
IB.14 Validity of Bids
14.1 Bids shall remain valid for 90 days after the date of Bid opening.
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14.2 In exceptional circumstances prior to expiry of original Bid validity period, the
Employer may request the Bidders to extend the period of validity for a
specified additional period which shall in no case be more than the original
Bid validity period. The request and the responses thereto shall be made in
writing. A Bidder may refuse the request without forfeiture of his Bid Security.
A Bidder agreeing to the request will be required to extend the validity of his
Bid Security for the period of such extension as agreed.
IB.15 Format and Signing of Bid
15.1 Bidders are particularly directed that the amount entered on the Form of Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
15.2 All Schedules to Bid are to be properly completed and signed.
15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto
except in filling up the blanks as directed. If any alteration is made or if these
instructions are not fully complied with, the Bid may be rejected.
15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the
documents comprising the bid as described under these Instructions and
clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of
discrepancy between them, the original shall prevail.
15.5 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person or persons duly authorized to sign (in the
case of copies, Photostats are also acceptable). This shall be indicated by
submitting a written Power of Attorney authorizing the signatory of the Bidder
to act for and on behalf of the Bidder. All pages of the Bid and Schedules
to Bid shall be initialed and stamped by the person or persons signing
the Bid.
15.6 The Bid shall contain no alterations, omissions or additions, except to comply
with instructions issued by the Employer, or as are necessary to correct errors
made by the Bidder, in which case such corrections shall be initialed by the
person or persons signing the Bid.
15.7 Bidders shall indicate in the space provided in the Form of Bid their full and
proper addresses at which Notices may be legally served on them and to
which all correspondence in connection with their Bids and the Contract is to
be sent.
15.8 Bidders should retain a copy of the Bidding Documents as their file copy.
(D) SUBMISSION OF BIDS
IB.16 Sealing and Marking of Bids
16.1 Each Bidder shall submit his Bid as under:
(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.
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(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.
16.2 The inner and outer envelopes shall;
(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.
(b) Bear the Work Name and date of opening of Bid.
(c) Provide a warning not to open before the time and date for Bid opening.
16.3 The Bid shall be delivered in person or through an authorized representative
or sent by registered mail at the address to Employer as mentioned in the
Invitation to Bids.
16.4 In addition to the identification required in Sub-Clause referred hereof, the
inner envelope shall indicate the name and address of the Bidder to enable
the Bid to be returned unopened in case it is declared “late” pursuant to these
Instructions to Bidders.
16.5 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
IB.17 Deadline for Submission of Bids
17.1 (a) Bids must be received by the Employer at the address specified in
Invitation for Bids not later than the time and date stipulated in the
Invitation for Bids.
(b) Bids with charges payable will not be accepted, nor will arrangements
be undertaken to collect the Bids from any delivery point other than
that specified above. Bidders shall bear all expenses incurred in the
preparation and delivery of Bids.
(c) Upon request, acknowledgment of receipt of Bids will be provided to
those making delivery in person or by representative.
17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.
17.3 The Employer may, at his discretion, extend the deadline for submission of
Bids by issuing an addendum in accordance with these Instructions to
Bidders, in which case all rights and obligations of the Employer and the
Bidders previously subject to the original deadline will thereafter be subject to
the deadline as extended.
IB.18 Late Bids
18.1 (a) Any Bid received by the Employer after the dead line for submission of
Bids prescribed in these Instructions to Bidders / Invitation to Bid will
be returned unopened to such Bidder.
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(b) Delays of person in transit or delivery of a Bid to the wrong office shall
not be accepted as an excuse for failure to deliver a Bid at the proper
place and time. It shall be the Bidder’s responsibility to determine the
manner in which timely delivery of his Bid will be accomplished either
in person or by authorized representative or through registered post.
IB.19 Modification, Substitution and Withdrawal of Bids
19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission
provided that modification, substitution or written notice of the withdrawal is
received by the Employer prior to the deadline for submission of Bids.
19.2 The modification, substitution or withdrawal of any Bid shall be prepared,
sealed, marked and delivered in accordance with the provisions of these
Instructions of Bidders with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.
19.3 Withdrawal of a Bid during the interval between the deadline for submission
of Bids and the expiration of the period of Bid validity specified in the Form of
Bid may result in forfeiture of the Bid Security pursuant to the clauses of these
Instructions to Bidders.
(E) BID OPENING AND EVALUATION
IB.20 Bid Opening
20.1 A Committee consisting of nominated members by the Employer will open the
Bids, including withdrawals, substitution and modifications made pursuant to
the clauses of these Instructions to Bidders, in the presence of Bidders’
representatives who choose to attend, at the time, date and location
stipulated in the Invitation for Bids.
The Bidders’ representatives who are present shall sign on the Attendance
Sheet evidencing their attendance.
20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”
shall be opened and read out first and the name of the Bidder shall be read
out. Bids for which an acceptable notice of withdrawal has been submitted
pursuant to the clauses of these Instructions to Bidders, shall not be opened.
20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid
modifications, substitutions and withdrawals, the presence or absence of Bid
Security, and such other details as the Employer at its discretion may
consider appropriate, will be announced by the Employer at the Bid opening.
The Employer will record minutes of Bid opening.
Any Bid price or discount which is not recorded in Minutes of Bid opening will
not be taken into account in the evaluation of Bid. Any discount offered by the
Bidder on its quoted prices, shall only be considered if such discount is either
shown on the duly filled-in, signed and stamped Form of Bid / Letter of price
bid or on the Summary Page of the quoted amount for lump sum contract /
bill of quantities as applicable. In case of any discrepancy or difference in the
rate or amount of discount mentioned in the Form of Bid/Letter of price bid
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(as duly filled-in and signed), and on the Summary Page of the Priced BOQ,
the discount shown on the Priced BOQ shall prevail. Discount if offered,
through a separate letter of discount submitted with the Bid, will not be
entertained and shall be considered null & void.
20.4 Discounts offered for lesser period than the Bid validity shall not be
considered in evaluation.
IB.21 Clarification of Bids
21.1 To assist in the examination, evaluation and comparison of Bids, the
Procuring Agency may, at its discretion, ask the Bidder for a clarification of its
Bid. The request for clarification and the response shall be in writing and no
change in the price or substance of the Bid shall be sought, offered or
permitted.
IB.22 Preliminary Examination & Determination of Responsiveness of Bids
22.4 Evaluation Committee constituted for the purpose shall make preliminary
examination and determine the responsiveness of the Bids as follows:
(a) The Evaluation Committee will examine the Bids to determine whether;
(i) The Bid is complete and does not deviate from the scope,
(ii) Any computational errors have been made,
(iii) Required sureties have been furnished,
(iv) The documents have been properly signed,
(v) The Bid is valid till required period,
(vi) The Bid prices are firm during currency of contract if it is a fixed
price bid,
(vii) Completion period offered is within specified limits,
(viii) The Bid does not deviate from basic technical requirements and
specifications mentioned for the goods (equipment); and
(ix) The Bids are generally in order.
(b) A bid is likely not to be considered, if;
(i) it is unsigned,
(ii) its validity is less than specified,
(iii) it is submitted for incomplete scope of work,
(iv) it indicates completion period later than specified,
(v) it indicates that goods and materials to be supplied do not meet
eligibility requirements / specifications,
(vi) it indicates that Bid prices do not include the amount of
applicable taxes, and
(vii) there is alteration in Form of Bid.
(c) A bid will not be considered, if;
(i) It is not accompanied with bid security,
(ii) It is received after the deadline for submission of Bids,
(iii) It is submitted through fax, telex, telegram or email,
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(iv) It indicates that prices quoted are not firm during currency of the
contract whereas the Bidders are required to quote fixed
price(s),
(v) The Bidder refuses to accept arithmetic correction,
(vi) It is materially and substantially different from the Conditions /
Specifications of the Bidding Documents.
It is after review and determination of the responsiveness as per above that
further action on technical evaluation will be taken.
22.2 Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the
total price shall be corrected. If there is a discrepancy between the words and
figures the amount in words shall prevail. If there is a discrepancy between
the total Bid price entered in Form of Price Bid and the total shown in
Schedule of Prices Summary, the amount stated in the Form of Price Bid will
be corrected by the Employer in accordance with the Corrected Schedule of
Prices.
If the Bidder does not accept the corrected amount of Bid, his Bid will be
rejected and his Bid Security forfeited.
22.3 The Employer / Evaluation Committee will determine the substantial
responsiveness of each Bid to the Bidding Documents. For purpose of these
Clauses, a substantially responsive Bid is one which conforms to all the terms
and conditions of the Bidding Documents without material deviations.
A material deviation or reservation is one:
(i) Which affect in any substantial way the scope, quality or performance
of the required supply and installation of goods (equipment);
(ii) Which limits in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under the
Contract; or
(iii) Whose rectification/adoption would affect unfairly the competitive
position of other Bidders presenting substantially responsive Bids.
22.4 A Bid determined as substantially non-responsive will be rejected and will not
subsequently be made responsive by the Bidder by correction of the non-
conformity.
22.5 Any minor informality or non-conformity or irregularity in a Bid which does not
constitute a material deviation may be waived by Employer, as long as the
waiver does not prejudice or affect the relative ranking of any Bidder.
IB.23 Detailed Evaluation of Bids
23.1 Only the Bids previously determined to be substantially responsive pursuant
to the clauses of these Instructions to Bidders will be evaluated and compared
16
in detail by the Employer / Evaluation Committee as per the requirements
given in the evaluation criteria.
23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s
data submitted with the Bid will be compared with the technical features /
criteria of the Goods / Services detailed and prescribed by the Employer in
these documents.
23.3 Bids indicating completion beyond 10 days later than the dates set out in
Conditions of Contract shall not be considered and rejected as
non- responsive.
IB.24 Process to be Confidential
24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact
Employer / Evaluation Committee on any matter relating to its Bid from the
time of the Bid opening to the time the Bid evaluation result is announced by
the Employer.
24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the
Bid evaluation, Bid comparison or Contract Award decisions may result in the
rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a
written complaint not later than fifteen (15) days after the announcement of
the Bid evaluation result; however, mere fact of lodging a complaint shall not
warrant suspension of the procurement process.
(F) AWARD OF CONTRACT
IB.25 Post-Qualification
25.1 The Employer, at any stage of the bid evaluation, having credible reasons for
or prima facie evidence of any defect in supplier’s or contractor’s capacities,
may require the suppliers or contractors to provide information concerning
their professional, technical, financial, legal or managerial competence
whether already pre-qualified:
Provided that such qualification shall only be laid down after recording
reasons therefore in writing. They shall form part of the records of that bid
evaluation report.
25.2 An affirmative determination will be a pre-requisite for award of the Contract
to the lowest evaluated Bidder. A negative determination will result in rejection
of that Bidder’s Bid in which event, Employer will proceed to undertake a
similar determination of the next lowest evaluated Bidder’s capabilities to
perform the Contract satisfactorily.
IB.26 Award Criteria
26.1 Subject to the clauses of these Instructions to Bidders, the Employer will
award the Contract to the Bidder whose Bid has been determined to be
substantially responsive to the Bidding Documents and who has offered the
lowest evaluated Bid Price, provided that such Bidder has been determined
17
to be qualified to satisfactorily perform the Contract in accordance with the
provisions of these Instructions to Bidders.
IB.27 Employer’s Right to Vary Quantities
27.1 Employer reserves the right at the time of award of Contract to increase or
decrease the quantity of Goods and Services contained in the Schedule of
Prices without any change in the unit price or other terms and conditions. The
Employer also reserves the right to delete any one or more items of goods
(equipment) and services for which the bid has been called.
IB.28 Employer’s Right to Reject Bids
28.4 Employer reserves the rights to annul the bidding process and reject all Bids,
at any time prior to award of Contract, without thereby incurring any liability
to the affected Bidders or any obligation to inform the affected Bidders of the
grounds for the Employer’s action except that the grounds for its rejection
shall upon request be communicated, to any Bidder who submitted a Bid,
without justification of grounds. Rejection of all Bids shall be notified to all
Bidders promptly.
28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the
Bid evaluation report.
IB.29 Notification of Award
29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the
Employer will notify the successful Bidder in writing (“Letter of Acceptance /
Work Order”) that his Bid has been accepted. This letter shall name the sum
which the Employer will pay the Contractor in consideration of the supply &
installation of required goods and provision of services / facility by the
Contractor as prescribed by the Contract (hereinafter and in the Conditions
of Contract called the “Contract Price”).
29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will
constitute the formation of the Contract, binding the Employer and the
successful Bidder till signing of the formal Contract Agreement (In case the
formal Contract Agreement is not signed by an act of the successful Bidder
or due to some other reason, the letter of Acceptance / Work Order as well
as the terms and conditions of these documents shall be binding and
considered as terms and conditions between the Employer and successful
Bidder).
29.3 Upon furnishing by the successful Bidder of a Performance Security (if
applicable otherwise after signing of the former contract Agreement) the
Employer will promptly notify the other Bidders that their Bids have been
found unsuccessful and return their Bid securities.
IB.30 Signing of Contract Agreement
30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance
/ Work Order, the successful Bidder shall submit to the Employer the Form
18
of Contract Agreement provided in the Bidding Documents, duly filled in and
incorporating all agreements between the parties for signing.
30.2 The formal Agreement between the Employer and the successful Bidder shall
be executed within ten (10) days of the receipt of such Form of Contract
Agreement by the Employer from the successful Bidder. The expenses for
executing the Contract Agreement shall be borne by the successful Bidder.
(G) ADDITIONAL (SPECIAL) INSTRUCTIONS
IB.31 Instructions Importance
31.1 Bids shall be prepared and submitted in accordance with the above
Instructions to Bidders including Additional (Special) Instructions which are
provided to assist Bidders in preparing their Bids.
IB.32 Contract Documents
32.1 The Documents which will be included in the Contract are listed in the Form
of Contract Agreement set out in these Bidding Documents.
IB.33 Sufficiency of Bid
33.1 Each Bidder shall satisfy himself before bidding as to the correctness and
sufficiency of his Bid and of the rates and prices entered in the Schedule of
Prices. Except in so far as it is otherwise expressly provided in the Contract,
the rates and prices entered in the Schedule of Price shall cover all his
obligations under the Contract and all matters and things necessary for the
proper completion of the works / supply and installation of goods (equipment).
IB.34 Bidder to inform himself
34.1 The Bidder is advised to obtain for himself at his own cost and responsibility
all information that may be necessary for preparing the Bid and entering into
a Contract for execution of the works / supply and installation of goods
(equipment). This shall include but not be limited to the following:
(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.
(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.
(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.
(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.
IB.35 Alternate Proposals by Bidder
35.1 If any Bidder may considers that he can offer any advantage to the Employer
by a modification to the designs, specifications or other conditions, he may,
in addition to his Bid to be submitted in strict compliance with the Bidding
Documents, submit any Alternate Proposal(s) containing (a) technical
19
specifications; and (b) any other relevant details / conditions, provided always
that the total sum entered on the Form of Bid shall be that which represents
complete compliance with the Bidding Documents.
35.2 Alternate Proposal(s): The Goods / Services offered of the specifications
superior to the one specified in these Bidding Documents may be acceptable,
only if alternate proposal is from the lowest bidder.
IB.36 Site Visit and Local Conditions
36.1 Bidder must verify and supplement by his own investigations the
information about site and local conditions. However, Employer will
assist the Bidder wherever practicable and possible.
36.2 All Bidders are required to visit the site at their own expense to review the
areas allocated for the Supply & Installation of Goods (Equipment) and the
interfacing facilities, if any. Bidders shall also study local conditions, available
facilities, communications, craft wages, roads and other transport facilities.
Bidders shall also acquaint themselves with the relevant laws, rules, and
regulations of Pakistan.
36.3 The Bidders and any of their personnel or agents will be granted permission
by the Employer to enter upon his premises and lands for the purpose of such
inspection, but only upon the express condition that the Bidders, their
personnel and agents, will release and indemnify the Employer, his personnel
and agents from and against all liability in respect thereof and will be
responsible for death or personal injury, loss of or damage to property and
any other loss, damage, costs and expenses incurred as a result of such
inspection.
IB.37 Clarification of Issues
37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee
to clarify issues and to answer any questions on matters related to the Bidding
Documents.
IB.38 Integrity Pact
38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of
Instructions to Bidder in the Bidding Documents. Failure to provide such
Integrity Pact shall make the Bid non-responsive.
IB.39 General Performance of the Bidders
39.1 The Employer reserves the right to obtain information regarding performance
of the Bidders on their previously awarded contracts/works. The Employer
may in case of poor performance of any Bidder so as past record of
terminated / incomplete works of similar nature pertaining to any Government,
Semi-Government, autonomous Body or Organization, reject his bid.
20
(H) APPENDICES
The Appendices Instructions to Bidders are as given below, and the Bidder
shall fill in all these Appendices:
• Appendix-A: Proposed Programme of Supply.
• Appendix-B: Integrity Pact.
21
Appendix-A
(Instructions to Bidders)
PROPOSED PROGRAMME OF SUPPLY.
Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing
the sequence of Supply of Additional Items (PU Synthetic Flooring for Gym,
Sound System, AC Split etc.) by which he proposes to complete the Work of the
entire Contract. The programme should indicate the sequences of supply and
installation of items and the period of time during which he proposes to complete the
Works for each site including the activities like supply, ordering / procurement of
goods (equipment), delivering & schedule of installation of required Goods / Services
under the Contract.
22
Appendix-B
(Instructions to Bidders)
Integrity Pact
[To be filled and signed by the Bidder]
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE
Contract No.____________________ Dated
____________________
Contract Value: _________________
Contract Title: __________________
………………………………… [Name of Supplier] hereby declares that it has
not obtained or induced the procurement of any contract, right, interest,
privilege or other obligation or benefit from Government of Pakistan or
Government of the Punjab or any administrative sub division or agency
thereof or any other entity owned or controlled by Government of Pakistan or
Government of the Punjab through any corrupt business practice.
Without limiting the generality of the foregoing, [-----------------------------------
name of Supplier] represents and warrants that it has fully declared the
brokerage, commission, fees etc. paid or payable to anyone and not given or
agreed to give and shall not give or agree to give to anyone within or outside
Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe,
finder’s fee or kickback, whether described as consultation fee or otherwise,
with the object of obtaining or inducing the procurement of a contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established & controlled by the Federal / Provincial Government except that
which has been expressly declared pursuant hereto.
[-----------------------------------------------------------name of Supplier] certifies that
it has made and will make full disclosure of all agreements and arrangements
with all persons in respect of or related to the transaction with Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government and has not taken any action
or will not take any action to circumvent the above declaration, representation
or warranty.
[-----------------------------------------------------------name of Supplier] accepts full
responsibility and strict liability for making any false declaration, not making
full disclosure, misrepresenting facts or taking any action likely to defeat the
purpose of this declaration, representation and warranty. It agrees that any
23
contract, right, interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other rights and
remedies available to Government of Pakistan or Government of Punjab or
any autonomous body established and controlled by Federal / Provincial
Government under any law, contract or other instrument, be voidable at the
option of Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government.
Notwithstanding any rights and remedies exercised by Government of
Pakistan or Government of Punjab or any autonomous body established and
controlled by Federal / Provincial Government in this regard,
[------------------------------------------------------------name of Supplier] agrees to
indemnify Government of Pakistan or Government of Punjab or any
autonomous body established and controlled by Federal / Provincial
Government for any loss or damage incurred by it on account of its corrupt
business practices and further pay compensation to Government of Pakistan
or Government of Punjab or any autonomous body established and controlled
by Federal / Provincial Government in an amount equivalent to ten time the
sum of any commission, gratification, bribe, finder’s fee or kickback given by
[-----------------------------------------------------------name of Supplier] as aforesaid
for the purpose of obtaining or inducing the procurement of any contract, right,
interest, privilege or other obligation or benefit in whatsoever form from
Government of Pakistan or Government of Punjab or any autonomous body
established and controlled by Federal / Provincial Government.
Name of Buyer: …………………. Name of Seller/Supplier: …………..
Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]
25
SPECIAL INSTRUCTIONS TO BIDDERS
BIDDING DATA
Sr. No.
Description of Special Instructions
1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed
under PPRA Rules 2014
2 Name of the Project and Summary of the works:
Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) at Tehsil Level Gymnasiums Chak Jhumra & Jarranwala (District Faisalabad)
3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
4 The Client will provide the following inputs and facilities: (i). All available data.
5 Proposal must remain valid for 90 Days after the submission date, that is until:
21st May, 2020
6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
7 Bid language: English
8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.
9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes
10 Bidders to quote the Bid Price: in Pak Rupees
26
11
Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.
12
Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: sbp.planning@gmail.com
Tender Document (Bidding Documents) must be submitted not later than the following date and time:
On or before 21st February, 2020 during office hours till 11:45 am
13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.).
14 Venue, time and date of Bid opening (Technical Proposal)
Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020
15 Period for furnishing and signing of contract agreement:
Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.
27
SECTION – 3
TECHNICAL AND FINANCIAL PROPOSALS-
STANDARD FORMS
FOR SUPPLY OF ADDITIONAL ITEMS (PU
SYNTHETIC FLOORING FOR GYM, SOUND
SYSTEM, AC SPLIT ETC.)
29
TECHNICAL PROPOSALS
FORM TECHNICAL PROPOSAL SUBMISSION FORM
Location: ________________ Date____________
To:
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., Supply of Additional Items (PU Synthetic Flooring for Gym, Sound
System, AC Split etc.), in accordance with the Request for Proposals (Bidding
Documents) received by us in pursuance of the Tender Notice published in daily
newspapers and PPRA website. We are hereby submitting our Proposal, which
includes this Technical Proposal and a Financial Proposal sealed under separate
envelopes.
We hereby declare that all the information and statements made in this
Proposal are true and accept that any misinterpretation contained in it may lead to
our dis-qualification. We further accept that any incorrect / wrong information and
statement made in this proposal may lead to Civil and Criminal action, besides our
dis-qualification.
Our Proposal is binding upon us and subject to the modifications resulting
from Agreement negotiations.
We undertake, if our Proposal is accepted, to initiate the supply & installation
related to the assignment not later than the date indicated in Instructions to Bidders
(Bidding Data) and shall complete the work within the stipulated time period from the
date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as
prescribed in Proposals (Bidding Documents).
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
30
MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING
TECHNICAL PROPOSALS
Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System,
AC Split etc.)
The Following Requirements / Conditions / Criteria must be fulfilled by the applicant
Bidder for submission of his Technical Proposal:
1. The Applicant / Company / Institution must be registered with Government.
The Applicant shall produce documentary proof of such registration.
2. The Applicant / Company / Institution must be registered Income Tax
Department and must produce NTN Certificate and GST registration
Certificate.
3. The Applicant / Company / Institution must not be Tax defaulter or Black listed
by any Government Department, Semi Government Department or
Autonomous Body. In this regard, the applicant shall submit undertaking in
judicial stamp paper
4. The Applicant / Company / Institution must have Sound Financial Position.
The Applicant must submit his Bank Statement for the last Two Years to
establish sound Financial Position
5. The Applicant / Company / Institution must have experience of supply /
manufacturing of required items of procurement. In this regard, the applicant
shall submit the Documentary proof / copies of work orders to establish his
relevant experience
6. In case of Manufacture Bidder, he shall submit the details of his
Manufacturing Unit, complete address, Machinery description and the total
Staff / Workers employed by him. In case of Supplier Bidder, he shall submit
his experience of supplying goods to different Public Sector or Private Sector
Institutions.
7. For the supply of PU PU Synthetic Flooring for Gym for Gymand Sound
System, the bidder must be an authorized Agent / Dealer / Distributor of the
Principal Supplier Company from whom he offers to get the supply of these
items.
8. The successful Bidder shall be required to supply the required items of
Procurement at the concerned site in Punjab. The quoted price / Bid must
include the Transportation charges as well as installation charges and no
additional charges shall be paid for supply of required Items at different sites,
as directed by the Employer.
9. The successful bidder shall bring and produce a sample of each item
within three days after the opening of Financial Bid and get it inspected
and passed by the Inspection Committee constituted by the Employer
for the purpose.
31
TECHNICAL PROPOSALS
Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System,
AC Split etc.)
EVALUATION CRITERIA
A. Mandatory Requirements:
The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:
Sr.# Mandatory Requirements Documentary Evidence Total Marks
1. Registration / Incorporation of
Contractor / Firm / Company under the laws of Pakistan.
Certificate of Contractor / Firm / Company Registration.
Mandatory
2. Valid FBR Registration. NTN Certificate Copy. Mandatory
3. Valid General Sales Tax
Registration General Sales Tax Registration
Certificate Mandatory
4. Valid Punjab Sales Tax
Registration, if applicable Punjab Sales Tax Registration
Certificate, if applicable. Mandatory
5.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be
attached.
Partnership Deed / Memorandum of Article of Association in case of
Limited Company / Limited Firm with copy of Power of Attorney. In case
of Sole Proprietorship, Affidavit should be attached.
Mandatory
6.
Undertaking that the Contractor / Firm / Company or any Partner(s) is
not blacklisted by Provincial or Federal Government Department,
Agency, Organization or autonomous body anywhere in
Pakistan.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
7.
Undertaking that the Contractor / Firm / Company or any Partner(s) of
JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any
Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent
and results of such proceedings should be mentioned in detail.
Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners
shall sign the undertaking). Mandatory
32
Sr.# Mandatory Requirements Documentary Evidence Total Marks
8.
Adherence to time line in completion of work non-adherence without just cause shall result in imposition of
penalty.
Undertaking on Stamp Paper that the Bidder shall, within 7 days after
the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time
line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.
Mandatory
9.
Financial Soundness Sufficient Bank Balance available
with the Contractor / Firm / Company for providing the services and execution of work in time line.
Bank Statement / Audited Accounts for the last 24 months in the name of
Company / Firm is to be attached. (In case of JV / Consortium, Bank
Statements / Audited Accounts of all partners are to be attached)
Mandatory
10.
For supply of Sound System and PU Synthetic Flooring for Gym, Bidder
must be Authorized Agent / Dealer / Distributor of the Principal Supplier
Company.
Letter of Authorization as Agent / Dealer / Distributor of the Principal
Supplier Company for supply of Sound System and PU Synthetic
Flooring for Gym
Mandatory
B. Technical Proposals Scoring Criteria:
Total Marks: 100 Qualifying Marks: 70
Sr. No.
Description Marks Distribution Marks
1. Personnel Capability
(Strength of Permanent Staff).
Marks Distribution:
• Management Staff (5 Marks)
• Financial Staff (5 Marks)
• Technical Staff (5 Marks)
• Field Staff (5 Marks)
(List of names of Permanent Staff along with CVs and the proof of their
engagement with the Company / Firm should be attached).
20
33
Sr. No.
Description Marks Distribution Marks
2. Years in Business of Applicant
Firm / Company
• 10 Years & above (10 Marks)
• 7 Years upto 10 Years (7 Marks)
• 5 Years upto 7 Years (5 Marks)
• 2 Years upto 5 Years (2 Marks)
(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).
10
3.
General experience in Supply of Additional Items (PU Synthetic
Flooring for Gym, Sound System, AC Split etc.).
Marks Distribution:
02 Projects (5 Marks)
03-04 Projects (10) Marks)
05 & Above Projects (15 Marks)
(List of Projects referred above along with documentary proof
should be attached).
15
4.
Experience in Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) to any Government, Semi
Government or Autonomous Body established / controlled by
Government.
Marks Distribution:
01 Project (8 Marks)
02 Projects (12 Marks)
03 Projects (16 Marks)
04 & Above Projects (20 Marks)
(List of Projects referred above along with documentary proof
should be attached).
20
34
Sr. No.
Description Marks Distribution Marks
5. Financial Soundness
• Available Bank Turn Over for last 02 years.
If 1 million to less than 2 Million (5 Marks)
If 2 million to less than 5 Million (10 Marks)
If 5 million to less than 10 Million (15 Marks)
If 10 million to less than 15 Million (20 Marks)
If 15 million & above (25 Marks)
25
6.
Supply of Additional Items (PU Synthetic Flooring for Gym,
Sound System, AC Split etc.) available with the Applicant for
supply.
List of Supply of Additional Items (PU Synthetic Flooring for Gym,
Sound System, AC Split etc.) available with the Applicant for
supply with proof of ownership and year of purchase / manufacturing
should be attached. (10 Marks).
10
35
TECHNICAL PROPOSALS
(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)
Supply of Additional Items (PU Synthetic Flooring for Gym,
Sound System, AC Split etc.)
The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement. The unfilled (blank) or incomplete / vague information shall not be considered and the Technical Proposal for such item shall be declared non-responsive.
Sr. #
Description & Specification of Required
Item
Brand Name / Company
Name of Imported
Country or local
Main Specifications / Features of Goods (Equipment)
offered by Supplier
1.
Sound System • Super Quality Woofer
Speaker with cabinet
• Power AMP
• Pre-Mixer 4 Channel
• Speaker Wire
• Cordless Mics
• Complete Installation at site
• Imported
2.
Air Conditioner • Split AC 1.5 ton
• Mitsubishi or Daiken or Equivalent
3. LED Panel 60” (Sharp or Equivalent)
4.
PU Synthetic Flooring for Gym Fitness Hall (20’x56’) (Imported) with complete installation at site
5. Electric Water Cooler (100 Gallon)
6.
Water Dispenser (Orient, Haier or Equivalent)
Note: -
The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose
Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.
37
FORM - FINANCIAL PROPOSAL SUBMISSION FORM
Location----------------------------Date----------------------------
To: [Name and address of Employer]
Dear Sir,
We, the undersigned, offer to provide the required Goods (Equipment) and
Services i.e., “Supply of Additional Items (PU Synthetic Flooring for Gym, Sound
System, AC Split etc.)” in accordance with Tender Document (Bidding Documents)
received by us in pursuance of the Tender Notices Published in Daily Newspaper
and PPRA website. Our attached Financial Proposal is for the sum of:
--------------------------------------------------------------------------------------------------------------
[Insert amount(s) in words and figures].
This amount is inclusive of all the applicable taxes.
Our Financial Proposal shall be binding upon us subject to the modifications
resulting from Agreement negotiations, up to expiration of the validity period of the
Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).
No commissions or gratuities have been or are to be paid by us to agents
relating to this Proposal and Agreement execution.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]: ________________________________
Name and Title of Signatory: __________________________________________
Name of Firm: _____________________________________________________
Address: __________________________________________________________
38
FORM - SUMMARY OF COSTS
Sr. # Description of Required Item Rate Per Unit
inclusive all applicable Taxes (In Rs.)
1.
Sound System • Super Quality Woofer Speaker with
cabinet
• Power AMP
• Pre-Mixer 4 Channel
• Speaker Wire
• Cordless Mics
• Complete Installation at site
• Imported
Lump Sum for complete installation for one site
2.
Air Conditioner • Split AC 1.5 ton
• Mitsubishi or Daiken or Equivalent
Rate per Unit with complete installation at site
3. LED Panel 60” (Sharp or Equivalent)
Rate per Unit with complete installation at site
4. PU Synthetic Flooring for Gym Fitness Hall (20’x56’) (Imported) with complete installation at site
Rate per Sqft with complete installation at site
5. Electric Water Cooler (100 Gallon)
Rate per Unit with complete installation at site
6. Water Dispenser (Orient, Haier or Equivalent)
Rate per Unit with complete installation at site
39
SECTION - 4
FORM OF CONTRACT
FORM OF CONTRACT FOR SUPPLY OF ADDITIONAL
ITEMS (PU SYNTHETIC FLOORING FOR GYM,
SOUND SYSTEM, AC SPLIT ETC.).
40
FORM OF CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______
day of ______________________ (month) 2020, between _________________________
_____________________________________(hereafter called the “Employer”) of the one
part and ____________________________________________ (hereafter called the
“Contractor”) of the other part.
WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of
Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) should
be carried out / executed by the Contractor and has accepted a Bid of the Contractor for the
execution and completion of such Works and the remedying of any defects therein.
NOW this Agreement witness as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents after incorporating addenda, if any except those parts relating
to Instructions to Bidders, shall be deemed to form and be read and construed as part
of this Agreement, viz:
(a) Contract Agreement.
(b) Letter of Acceptance (Work Order).
(c) The completed Form of Request for Proposals (Bidding Documents)
(d) The Conditions of Contract and Special Conditions of Contract.
(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.
3. The Procurement of Supply of Additional Items (PU Synthetic Flooring for Gym,
Sound System, AC Split etc.) should be as per specifications mentioned in Tender
Document (Bidding Documents). If the material provided by the Contractor will not
meet the specification as per aforesaid requirement, then necessary action will be
taken against the Contractor as provided under law.
4. With reference to Tender Document (Bidding Documents) mutually agreed between
the Employer and Contractor relevant copies of the Request for Proposals (Bidding
Documents) attached to this contract / agreement are;
(a) “Financial Proposals” of Bidding Documents.
(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.
5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete
consignment under contract agreement. Final Payment shall be made on completion
of work (supply of all Goods / Services) and fulfillment of all terms and conditions of
contract and submission of Guarantee as required under the Special Conditions of
Contract. No other charges to be paid after the full payment.
6. Tender Document (Bidding Documents) of the subject procurement shall be
considered part of the Contract Agreement.
41
7. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy defects herein in conformity and in all respects
with the provisions of the Contract.
8. The Employer hereby covenants to pay the Contractor, in consideration of the
execution and completion of the Works as per provisions of the Contract, at the times
and in the manner prescribed by the Contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the ----------------------------------------------------------
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day, month and year first before written in accordance with their respective laws.
Signature of the Contactor Signature of Employer
_______________________________ _______________________________
(Seal) (Seal)
Signed, Sealed and Delivered in the presence of:
Witness: Witness:
_______________________________ _______________________________
(Name, Title and Address) (Name, title and Address)
42
CONDITIONS OF CONTRACT
Definitions and Interpretations
1.4 Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have
the meanings hereby assigned to them:
1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work
Order).
1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of
Contract.
1.1.3 "Contract" means the agreement between the Employer and the Contractor
for the execution of the Works incorporating the Conditions, Specifications,
Tender, Letter of Acceptance (Work Order) and such further documents as may
be expressly incorporated by the Letter of Acceptance (Work Order). Any
subsequent documents mutually agreed and signed by the Employer and the
Contractor shall be the part of the Contract.
1.1.4 "Contract Agreement" means the documents recording the terms of the
Contract between the Employer and the Contractor.
1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work
Order) as payable to the Contractor for the Supply, Installation, Execution and
Completion of the Works subject to such additions thereto or deductions
therefrom as may be made under the provisions of hereinafter contained and
remedying of any defects therein in accordance with the provisions of the
Contract.
1.1.6 "Contractor" means the person whose bid has been accepted by the
Employer and the legal successors in title to the Contractor but not (except with
the consent of the Employer) any assignee of the Contractor.
1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and
operation & maintenance manuals to be submitted by the Contractor.
1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement
Committee for satisfactory execution of work / supply & installation of Goods in
accordance with these Conditions of Contract.
1.1.9 "Defects Liability Period" means one year following taking over (issuing date
of Receipt Certificate), during which the Contractor is responsible for making
good defects and damage in accordance with the Conditions of Contract.
1.1.10 “Employer" means the person named as such in the Form of Contract and the
legal successors in title to the Employer but not (except with the consent of the
Contractor) any assignee of the Employer.
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1.1.11 "Employer's Drawings" means all the drawings, information and
specifications provided by the Employer to the Contractor under the Contract.
1.1.12 "Employer's Risks” means those risks defined in these Conditions of
Contract.
1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of
Contract.
1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation
of the most elementary rules of diligence which a conscientious contractor in
the same position and under the same circumstances would have followed.
1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the
formal acceptance by the Employer of the Tender incorporating any
adjustments or variations to the Tender agreed between the Employer and the
Contractor.
1.1.16 "Retention Money" means the security to be deducted from the payable
amounts of the Contractor in accordance with the terms and conditions of the
Contract.
1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all
things to be provided under the Contract.
1.1.18 "Site" means the place or places, provided or made available by the Employer
where work is to be done by the Contractor or to which Goods are to be
delivered / installed / fixed, together with so much of the area surrounding the
same as the Contractor shall with the consent of the Employer use in
connection with the Works otherwise than merely for the purposes of access.
1.1.19 "Specification" means the specification of the Goods included in the
Pre-Qualification Notice / Documents for Pre-Qualification / Request for
Proposals (Bidding Documents) / Contract and any modification thereof made
in accordance with the Conditions of Contract.
1.1.20 “Procurement Committee” means a Committee constituted by the Employer
to perform the functions as such under the terms and conditions of Contract.
1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee” means a Committee constituted by the Employer to perform the
functions as such under the terms and conditions of Contract.
1.1.22 “Finance Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.23 “Verification Committee” means a Committee constituted by the Employer to
perform the functions as such under the terms and conditions of Contract.
1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement
Committee to the Contractor in accordance with these Conditions of Contract.
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1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods
and its Installation / Fixation. The word “Tender” is synonymous with the word
“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request
for Proposals” including financial proposal and technical proposal.
1.1.26 "Inspection on Completion" means the tests / inspections specified in the
Contract or otherwise agreed by the Procurement Committee and the
Contractor to be performed before the goods / services / works are taken over
by the Employer.
1.1.27 "Time for Completion" means the time stated in the Contract / Bidding
Documents for completing the Works. The time for completion shall be
calculated from the Commencement Date to the issuance of Receipt Certificate
by the Procurement Committee of the Directorate General Sports / Sports
Board Punjab.
1.1.28 "Variation Order" means any written order, identified as such, issued to the
Contractor by the Procurement Committee under the Conditions of Contract.
1.1.29 "Works" means all supply, installation of Goods and Services to be
provided, installed / fixed and work to be done by the Contractor under
the Contract.
1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for replacing any
defective Goods / Equipments during the specified Guarantee period, which
should commence after “Receipt Certificate”.
1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for
the period mentioned in the Conditions of Contract / Bidding Documents, to be
issued by the Contractor that the Goods / Equipments supplied under the
Contract are new, unused and incorporate all recent improvements in design
and materials and that the Contractor will be responsible for making good any
defective Goods / Equipments during the specified Warranty period, which
should commence after “Receipt Certificate”.
1.5 Periods
In these Conditions "days" means calendar day and "year" means 365 days.
2.1 Assignment
The Contractor shall not assign the Contract or any part of his obligations under the
Contract. A charge in favour of the Contractor's bankers of any monies due under the
Contract shall not be considered an assignment.
3.1 Subcontracting
The Contractor shall not subcontract the part or whole of the Works.
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4.7 Day to Day Communications
The language for day to day communications is stated in the Preamble.
4.8 Priority of Contract Documents
Unless otherwise provided in the Contract, the priority of the Contract documents shall
be as follows:
1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.
5.4 General Obligations
a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.
b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.
Contract Agreement
6.4 Contract Agreement
The Contractor shall, if called upon so to do, execute a Contract Agreement recording
all the terms of the Contract, to be prepared by and completed.
6.5 Sufficiency of Contract Price
The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:
(a) All the conditions and circumstances affecting the Contract Price,
(b) The possibility of carrying out the Works as described in the Contract,
(c) The general circumstances at the Site and
(d) The general labour position at the Site.
6.6 Physical Obstructions and Conditions
If during the execution of the Works on Site, the Contractor encounters physical
obstructions or conditions of the kind stipulated in these Conditions of Contract, the
Contractor shall be entitled to recover such additional cost incurred in consequence.
The Procurement Committee shall certify and there shall be added to the Contract
Price the additional cost, after approval by the Employer.
Contractor's Representative
7.34 Contractor's Representative
The Contractor shall employ one or more competent representatives to superintend
the carrying out of the Works on Site. They shall be fluent in the language for day to
day communications. Their names shall be communicated in writing to the
Procurement Committee before work (supply and installation of Goods) on Site begins.
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Any instruction or notice which the Employer give to the Contractor's representative
shall be deemed to have been given to the Contractor.
7.35 Objection to Contractor's Employees
The Contractor shall, upon the Employer’s written instruction, remove from the Works
any person employed by him in the execution of the Works, who misconducts himself
or is incompetent or negligent.
7.36 Safety Precautions
The Contractor shall observe all applicable regulations regarding safety on the Site.
Unless otherwise agreed, the Contractor shall, from the commencement of work on
Site till taking over by the Employer, provide:
(a) Fencing, lighting, guarding and watching of the Works, and
(b) Temporary roadways, footways, guards and fences which may be necessary
for the accommodation and protection of owners and occupiers of adjacent
property, the public and others.
In order to provide for the safety, health and welfare of persons, and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the safety requirements of the
Government of Pakistan with such modifications thereto as the Procurement
Committee may authorize or direct and the Contractor shall take or cause to be taken
such further measures and comply with such further requirements as the Procurement
Committee may determine to be reasonably necessary for such purpose.
The Contractor shall make, maintain, and submit reports to the Procurement
Committee concerning safety, health and welfare of persons and damage to property
as the Procurement Committee may from time to time prescribe.”
7.37 Electricity Water and Gas
The Contractor shall be responsible for making his own arrangements for the adequate
supply of electricity, water and gas required for the effective performance of his
obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled
to use for the purposes of the Works such supplies and services as may be available
on the Site. The Contractor shall, before the commencement of the work at Site, seek
the approval of the Procurement Committee as to his detailed requirements of
electricity, water and gas for the entire Contract period. The Contractor shall pay the
Employer at the rates / cost incurred by the Employer. The Contractor shall at his own
cost provide any apparatus necessary for such use”. The contractor will bear the cost
of distribution network for electricity, potable water, telephone, gas and their
consumption by his own personnel for the purpose of the work.
7.38 Employer's Equipment
The Employer may, if the Contractor so requests for the execution of the works,
operate any available equipment of the Employer. The Contractor shall pay the
Employer a mutually agreed price for such use.
The Employer shall during such operation retain control of and be responsible for the
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safe working of the equipment. In case of any damage / loss by the Contractor, such
loss shall be made good by the Contractor.
7.39 Clearance of Site
The Contractor shall from time to time during the progress of the Works clear away
and remove all surplus materials and rubbish. On completion of the Works, the
Contractor shall remove all Contractor's Equipment and leave the whole of the Site
and the Works clean and in a workmanlike condition, to the satisfaction of the
Procurement Committee.
7.40 Authority for Access
No persons other than the employees of the Contractor shall be allowed on the Site
except with the consent of the Procurement Committee.
Facilities to inspect the Works shall at all times be afforded by the Contractor to the
Procurement Committee, the Employer's representatives, authorities and officials.
7.41 Information for Import Permits and Licenses
The Contractor shall submit to the Employer in good time such details of all Goods /
Equipment to be imported into Pakistan.
7.42 Compliance with Statutes, Regulations
The Contractor shall, in all matters arising in the performance of the Contract, comply
in all respects with, give all notices and pay all fees required by the provisions of any
National or State Statute, Ordinance or other law or any Regulation or Bye-law of any
duly constituted authority.
7.43 Compliance with Laws
The Contractor shall comply with the laws of Pakistan where the Goods are to be
installed / fixed.
7.44 Photographs of Works and Advertisement Prohibited
Except with the prior written authorization of the Employer, the Contractor shall not
exhibit or permit to be exhibited and Photographs or advertisement on the Works.
Obligations of the Employer
8.4 Access to and Possession of the Site
The Employer shall in reasonable time grant the Contractor access to and possession
of the Site, which may, however, not be exclusive to the Contractor.
8.14 Consents and Way leaves
The Employer shall in due time obtain or grant all consents including permits-to-work,
way leaves and approvals required for the Works.
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8.15 Import Permits and Licenses
The Employer shall issue permissions, letters, certificates and provide such other
assistance to the Contractor for his obtaining permits-to-work, way leaves and
approvals from any other department / authority and right of way from private owners,
if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.
8.16 Records of Safety and Health
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of persons and damage to property as the Procurement Committee
may from time to time prescribe.
8.17 Reporting of Accidents
The Contractor shall report to the Procurement Committee details of any accident as
soon as possible after its occurrence. In the case of any fatality or serious accident,
the Contractor shall, in addition to appropriate action required under the law, notify the
Procurement Committee immediately by the quickest available means.
9.13 Sample Testing
Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee shall inspect, examine and test a sample of each item of Goods
/ Materials (Sports items) to be supplied under the Contract. The supply and installation
of all Goods shall be subject to the approval of sample by the said Committee.
9.14 Inspection and Testing During Installation
The Procurement Committee shall be entitled during installation / fixation to inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. This shall take place on the Contractor's
premises during working hours.
No such inspection, examination or testing shall release the Contractor from any
obligation under the Contract.
9.15 Independent Inspection
Verification Committee of Sports Board Punjab, during installation, may inspect,
examine and test the materials and workmanship and check the progress of installation
of all Goods to be supplied under the Contract. For this purpose, such independent
inspection shall be considered as Procurement Committee’s inspection.
The inspection and testing of the materials supplied / installed under the Contract shall
be carried out by the Procurement Committee which shall, after satisfaction, issue the
Certificate of Receipt.
9.16 Date for Inspection and Testing
The Procurement Committee or Verification Committee shall give the Contractor 24
hours notice of his intention to attend the inspection / tests. The Contractor shall
provide such assistance, labour materials, electricity, fuel, stores, apparatus and
instruments as may be necessary to carry out the inspection / tests efficiently.
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10.4 Rejection
If, as a result of the inspection, examination or testing as referred in the above stated
Clause, the Procurement Committee or Verification Committee of the Sports Board
Punjab decides that any Goods is defective or otherwise not in accordance with the
Contract, it may reject such Goods and shall notify the Contractor thereof immediately.
The notice shall state the Procurement Committee’s or Verification Committee’s
objections with reasons.
The Contractor shall then with all speed make good the defect or ensure that any
rejected Goods complies with the Contract.
If the Procurement Committee or Verification Committee requires such Goods to be
retested, the tests shall be repeated under the same terms and conditions. All costs
incurred by the Employer by the repetition of the tests shall be deducted from the
Contract Price.
Suspension of Works or Delivery
11.16 Order to Suspend
The Procurement Committee or the Employer may at any time instruct the Contractor to:
(a) Suspend progress of the Works, or
(b) Suspend delivery of Goods or Contractor's Equipment which is ready for
delivery to the Site at the time for delivery or if no time is specified, at the time
appropriate for it to be delivered, or
(c) Suspend the installation of Goods which has been delivered to the Site.
When the Contractor is prevented from delivering or installing Goods, it shall be
deemed that Procurement Committee or the Employer has instructed a suspension,
except when such prevention is caused by the Contractor's default.
The Contractor shall, during suspension period, protect and secure the Works or
Goods at the Site, as the case may be, against any deterioration, loss or damage.
11.17 Cost of Suspension
The additional cost incurred by the Contractor in protection, securing and insuring the
Works or Goods and in following the Procurement Committee’s or Verification
Committee’s instructions and in resumption of the work, shall be added to the Contract
Price. Such additional cost shall be determined by the Procurement Committee and
approved by the Employer.
The Contractor shall not be entitled to be paid any additional costs if such suspension
is necessary by reason of a default on the part of the Contractor.
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The Contractor shall not be entitled to additional costs unless he notifies the
Procurement Committee or Employer of his intention to make such claim, within twenty
eight (28) days after receipt of the order to suspend progress or delivery or installation.
11.18 Payment in Event of Suspension
The Contractor shall be entitled to payment for Goods which has not been delivered to
Site if the work on Goods or delivery of Goods has been suspended for more than
twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall
be entitled to payment of the value as determined by the Procurement Committee.
A Certificate of payment shall be issued on condition that:
(a) The Contractor has marked the Goods as the Employer's property in
accordance with the Procurement Committee’s instructions, and
(b) The suspension is not due to the Contractor's default.
11.19 Prolonged Suspension
If suspension under above Clause, has continued for more than eighty four (84) days,
and the suspension is not due to the Contractor's default, the Contractor may, by notice
to the Procurement Committee or the Employer, require permission to proceed within
twenty eight (28) days.
If permission is not granted within that time, the Contractor may treat the suspension
as an omission under the Conditions of Contract or if the suspension affects the whole
of the Works, terminate the Contract.
11.20 Resumption of Work
If the Contractor chooses not to treat prolonged suspension as an omission or
termination under the Conditions of Contract, the Employer shall upon the request of
the Contractor, take over the responsibility for protection, storage, security and
insurance of the suspended Works and of the Goods which has been delivered to the
Site, and risk of loss or damage thereto shall thereupon pass to the Employer.
After receipt of permission or an order to proceed, the Contractor, shall after due notice
to the Procurement Committee, examine the Works and the Goods affected by the
suspension. The Contractor shall make good any deterioration or defect in or loss of
the Works or Goods that may have occurred during the suspension. Cost properly
incurred by the Contractor which would not have been incurred but for the suspension
shall be added to the Contract Price.
The Contractor shall not be entitled to payment for costs incurred in making good any
deterioration, defect or loss caused by faulty workmanship or materials or by the
Contractor's failure to take the measures for protecting and securing the Works or
Goods during suspension.
Completion
12.10 Time for Completion
The Works (Supply and Installation of Goods) at the specified place of the work
mentioned in the Conditions of Contract / Bidding Documents shall be completed,
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tested and commissioned within the stipulated period mentioned in Conditions of
Contract / Bidding Documents.
12.11 Extension of Time for Completion
The Contractor may claim an extension of the Time for Completion if he is or will be
delayed in completing the Works by any of the following causes:
(a) Extra or additional work ordered in writing under Conditions of Contract,
(b) Exceptional adverse weather conditions,
(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,
(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,
(e) The failure of the Employer to fulfill any of his obligations under the Contract,
(f) Delay by any other contractor engaged by the Employer,
(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,
(h) Force Majeure.
The Contractor shall give to the Employer or Procurement Committee notice of his
intention to make a claim for an extension of time within fourteen (14) days of the
circumstances for such a claim becoming known to the Contractor. The notice shall be
followed as soon as possible by the claim with full supporting details.
The Employer or the Procurement Committee, after due consultation with the
Employer, shall grant the Contractor from time to time, either prospectively or
retrospectively, such extension of Time for Completions as may be justified. In case of
time extension by Procurement Committee, it shall notify the Employer and the
Contractor accordingly.
The Contractor shall be entitled to such extension whether the delay occurs before or
after the Time for Completion.
12.12 Delay in Completion
If the Contractor fails to deliver the Works or any part thereof, within the stipulated time
period under the Conditions of Contract or fails to complete the whole of the Work, or,
if applicable, any Section thereof within the relevant time prescribed by Conditions of
Contract, then the Contractor shall pay to the Employer the relevant sum stated herein
below as liquidated damages for such default (which sum shall be the only moneys
due from the Contractor for such default) for every day or part of a day which shall
elapse between the relevant time for Delivery or Time for Completion and the actual
date of delivery at site or the date stated in a Receipt Certificate of the whole of the
Works or the relevant Section, as the case may be, subject to the applicable limit stated
herein below.
The Employer may deduct the amount of such damages from any monies due or to
become due to the Contractor. The payment or deduction of such damages shall not
relieve the Contractor from his obligation to complete the Works, or from any other of
his obligations and liabilities under the Contract.
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The liquidated damages for each day of delay and the maximum amount of liquidated
damages shall be the amounts mentioned in the Special Conditions of Contract
(Special Stipulations).
Taking Over
13.7 Taking Over
The Works shall be deemed “taken over by the Employer” when they have been
completed in accordance with the Contract, have passed the Inspection Tests on
Completion, Procurement Committee has issued the Inspection Certificate and a
Receipt Certificate has been issued or deemed to have been issued in accordance
with Conditions of Contract.
13.8 Receipt Certificate
The Contractor may apply by notice to the Procurement Committee for a Receipt
Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's
opinion, be complete and ready for taking over.
The Procurement Committee shall within twenty eight (28) days after the receipt of the
Contractor's application either:
(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance
Committee stating the date on which the Works were complete and ready for
taking over, or
(b) Reject the application giving his reasons and specifying the work required to
be done by the Contractor to enable the Receipt Certificate to be issued.
If the Procurement Committee fails either to issue the Receipt Certificate or to reject
the Contractor's application within the period of twenty eight (28) days, the Contractor
shall give notice to the Employer. In case no action is taken by the Employer to issue
the Receipt Certificate or reject the Contractor’s application within the period of twenty
eight (28) days, it shall be deemed that Procurement Committee has issued the
Receipt Certificate on the last day of Contractor’s notice time period before the
Employer.
Defects after Taking Over
14.22 Defects Liability Period
Defects Liability Period shall be as mentioned in the Special Conditions of Contract
(Special Stipulations). The Contractor shall be responsible of making good any defect
in or damage to any part of the Goods / Installation of Goods which may appear or
occur during the Defects Liability Period and which arises from, either:
(a) Any defective equipment, materials, workmanship or design, or
(b) Any act or omission of the Contractor during the Defects Liability Period.
The Contractor shall make good the Defects or damage as soon as practicable and at
his own cost.
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14.23 Notice of Defects
If any such defect appears or damage occurs, the Employer or the Procurement
Committee shall forthwith notify the Contractor thereof.
14.24 Extension of Defects Liability Period
The provision of this Clause shall apply to all replacements or renewals carried out by
the Contractor as if the replacements and renewals had been taken over on the date
they were completed.
The Defects Liability Period for the Works shall be extended by a period equal to the
period during which the Works cannot be used by reason of a defect or damage. If only
part of the Works cannot be used by reason of a defect, the Defect Liability Period shall
be extended only for that part.
In neither case shall the Defects Liability Period be extended by further more than one
year.
When installation or delivery of Goods has been suspended under the Conditions of
Contract, the Contractor's obligations under this Clause shall not apply to any defects
occurring more than three years after it would have been delivered but for the
suspension or such period as may be mutually agreed period.
14.25 Failure to Remedy Defects
If the Contractor fails to remedy a defect or damage within a reasonable time fixed by
the Procurement Committee, the Employer may fix a final time for remedying the defect
or damage.
If the Contractor fails to do so, the Employer may:
(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or
(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or
(c) If the defect or damage is such that the Employer has been deprived of
substantially the whole of the benefit of the Works (supply and installation of
Goods) or a part thereof, he may terminate the Contract in respect of such parts
of the Works as cannot be put to the intended use. The Employer shall to the
exclusion of any remedy under the Conditions of Contract be entitled to recover
all sums paid in respect of such parts of the Works together with the cost of
dismantling the same, clearing the Site and returning Goods to the Contractor
or otherwise disposing of it in accordance with the Contractor's instructions.
14.26 Removal of Defective Work
If the defect of damage is such that repairs cannot be expeditiously carried out on the
Site, the Contractor may with the consent of the Procurement Committee or the
54
Employer remove from the Site for the purposes of repair any part of the Goods /
Equipment which is defective or damaged.
14.27 Right of Access
Until the Final Payment has been made, the Contractor shall have the right of access
to all parts of the Works and to records of the working and performance of the Works.
14.28 Guarantee / Warranty Period
When the Guarantee / Warrantee Period for the Goods or any part thereof has expired
and the Contractor has fulfilled all his obligations under the Contract, Procurement
Committee shall issue within twenty eight (28) days to the Employer and the Contractor
a Guarantee / Warranty Relieving Certificate to that effect.
Variations
15.10 Employer and Procurement Committee’s Right to Vary
The Employer or Procurement Committee may, by Variation Order to the Contractor
at any time before the Works are taken over, instruct the Contractor to alter, amend,
omit, add to or otherwise vary any part of the Works (supply and installation of Goods).
The Contractor shall not vary or alter any of the Works, except in accordance with a
Variation Order from the Employer or Procurement Committee.
15.11 Variation Order Procedure
Prior to any Variation Order under Clause referred to above, the Employer or
Procurement Committee, as the case may be, shall notify the Contractor of the nature
and form of such variation.
Following the receipt of the Contractor's submission, the Procurement Committee
shall, after due consultation with the Employer and the Contractor, decide as soon as
possible whether or not the variation shall be carried out.
If the Procurement Committee decides that the variation shall be carried out, he shall
issue a Variation Order clearly identified as such in accordance with the Contractor's
submission or as modified by agreement.
15.12 Contractor to Proceed
On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the
variation and be bound to these Conditions in so doing as if such variation was stated
in the Contract. The delivery time may be extended by mutual consent of the parties,
as a result of Variation Order. The work shall not be delayed pending the granting of
an extension of the Time for Completion.
Ownership of Goods
16.4 Ownership of Goods
Goods (Equipment) to be supplied pursuant to the Contract shall become the property
of the Employer at the time whichever is the earlier of the following times:
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(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled
to payment of the value of the Goods.
Certificates and Payment
17.19 Terms of Payment
The terms of payment shall be as stated in the Form of Contract Agreement.
17.20 Method of Application
The Contractor shall submit to the Finance Committee of Directorate General Sports /
Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in
such form as the Finance Committee may from time to time prescribe.
The Finance Committee shall examine such Invoices within fourteen (14) days after
receiving Invoices. If the invoice amount is not accepted by the Finance Committee,
the disputed amount which is retained, shall be communicated, giving the reasons in
writing, to the Contractor within the same time.
17.21 Corrections to Invoices of Payment
The Finance Committee may in any invoice of payment make any correction or
modification that should properly be made in respect of any previous invoice.
17.22 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any
condition of Contract, be paid by the Employer to the Contractor by verifying the
payment within thirty (30) days of the receipt of such invoice. In case of the Final
Payment, it shall be paid by verifying the payment within sixty (60) days after receipt
of Final Bill / Invoice from the Contractor.
Deduction shall be made from the net amounts payable to the Contractor of any sum(s)
in accordance with the prevalent Federal and / or Provincial laws, provided that no
such deduction shall be made from those payments in respect of which the Contractor
has obtained exemption under the Law.
17.23 Withholding of Payment
If the Works or any parts thereof are not being carried out to the Procurement
Committee’s satisfaction and in order to protect the Employer from loss on account of:
(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the
Government
The Finance Committee may notify withholding of such payments or part thereof as
may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons
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/ grounds for withholding the payment are removed by the Contractor, the Finance
Committee shall upon being satisfied to that effect release payment.
17.24 Invoices and Receipts
The Contractor shall, when required by the Employer / Finance Committee, produce
quotations, invoices, vouchers and accounts or receipts in connection with expenditure
in respect of Provisional Sums.
Risk and Responsibility
18.22 Allocation of Risk and Responsibility
The Risks of loss or damage to physical property and of death and personal injury
which arise in consequence of the performance of the Contract shall be allocated
between the Employer and the Contractor as follows:
(a) The Employer: the Employer’s Risks as specified herein below.
(b) The Contractor: the Contractor's Risks as specified herein below.
18.23 Employer's Risks
“The Employer's Risks are:
(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;
(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;
(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.
(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.
18.24 Contractor's Risks
The Contractor's Risks are all risks other than those identified as the Employer's Risks.
18.25 Contractor's Responsibility for the Care of the Works
The Contractor shall be responsible for the care of the Works / Goods or any Section
thereof from the Commencement until the Delivery Date (issuing date of Certificate of
Receipt) applicable thereto under the Conditions of Contract.
The Contractor shall also be responsible for the care of any part of the Works / Goods
upon which any outstanding work is being performed by the Contractor during the
Defects Liability Period until completion of such outstanding work.
18.26 Risk Transfer Date
The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a
Section thereof is the earliest of either:
(a) The date of issue of the Receipt Certificate, or
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(b) The date of expiry of the notice of termination when the Contract is terminated
by the Employer or the Contractor in accordance with these Conditions.
18.27 Loss or Damage before Risk Transfer Date
Loss of or damage to the Works (Supply and Installation of Goods) or any Section
thereof occurring before the Risk Transfer Date shall:
(a) To the extent caused by any of the Contractor's Risks, be made good forthwith by
the Contractor at his own cost, and
(b) To the extent caused by any of the Employer's Risks, be made good by the
Contractor at the Employer's expense if so required by the Procurement
Committee within twenty eight (28) days after the occurrence of the loss or
damage. The price for making good such loss and damage shall be in all
circumstances reasonable and shall be agreed by the Procurement Committee
and the Contractor, or in the absence of agreement, shall be fixed by Procurement
Committee in consultation and approval of the Employer.
18.28 Loss or Damage after Risk Transfer Date
After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage
to any part of the Works shall, except in the case of Gross Misconduct, be limited:
(a) To the fulfillment of the Contractor's obligations under the Conditions of
Contract in respect of defects therein, and
(b) To making good forthwith loss or damage caused by the Contractor during the
Defects Liability Period.
Damage to Property and Injury to Persons
19.10 Contractor's Liability
Except as provided under Clause referred to above, the Contractor shall be liable for
and shall indemnify the Employer against all losses, expenses and claims in respect
of any loss of or damage to physical property (other than the Works), death or personal
injury occurring before the issue of the last Defects Liability Certificate to the extent
caused by:
(a) Defective design, material or workmanship of the Contractor, or
(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.
19.11 Employer's Liability
The Employer shall be liable for and shall indemnify the Contractor against all losses,
expenses or claims in respect of loss of or damage to any physical property or of death
or personal injury whenever occurring, to the extent caused by any of the Employer's
Risks.
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19.12 Accidents
The Contractor shall be liable for and shall indemnify the Employer against all losses,
expenses or claims arising in connection with the death of or injury to any person
employed by the Contractor for the purposes of the Works (Supply and Installation of
Goods), unless caused by any acts or defaults of the Employer, or other contractors
engaged by the Employer or by their respective employees or agents. In the later
cases, the Employer shall be liable for and shall indemnify the Contractor against all
losses, expenses and claims arising in connection therewith.
Force Majeure
20.16 Definition of Force Majeure
Force Majeure means any circumstances beyond the control of the parties, including
but not limited to:
(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,
(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,
(c) Rebellion, revolution, insurrection, military or usurped power and civil war,
(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.
20.17 Effect of Force Majeure
Neither party shall be considered to be in default or in breach of his obligations under
the Contract to the extent that performance of such obligations is prevented by any
circumstances of Force Majeure which arise after the date of the Letter of Acceptance
(Work Order) or the date when the Contract becomes effective, whichever is the
earlier.
20.18 Notice of Occurrence
If either party considers that any circumstances of Force Majeure have occurred which
may affect performance of his obligations he shall promptly notify the other party and
the Procurement Committee thereof.
20.19 Performance to Continue
Upon the occurrence of any circumstances of Force Majeure, the Contractor shall
endeavour to continue to perform his obligations under the Contract so far as
reasonably practicable. The Contractor shall notify the Procurement Committee of the
steps he proposes to take including any reasonable alternative means for performance
which is not prevented by Force Majeure. The Contractor shall not take any such steps
unless directed so to do by the Procurement Committee.
20.20 Payment on Termination for Force Majeure
If the Contract is terminated under above referred Clause, the Contractor shall be paid
the value of the work done.
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Default
21.10 Notice of Default
If the Contractor is not executing the Works in accordance with the Contract or is
neglecting to perform his obligations there under so as seriously to affect the carrying
out of the Works, the Employer or Procurement Committee may give notice to the
Contractor requiring him to make good such failure or neglect.
21.11 Contractor's Default
If the Contractor:
(a) Has failed to comply within a reasonable time with a notice under Clause
referred to above, or
(b) Assigns the Contract or subcontracts the Works without the Employer's written
consent, or
(c) Becomes bankrupt or insolvent, has a receiving order made against him or
compounds with his creditors, or carries on business under a receiver, trustee
or manager for the benefit of his creditors or goes into liquidation.
The Employer may, after having given seven (7) days notice to the Contractor,
terminate the Contract and expel the Contractor from the Site.
Any such expulsion and termination shall be without prejudice to any other rights or
powers of the Employer or Procurement Committee under the Contract.
The Employer may upon such termination complete the Works (supply and installation
of Goods) himself or by any other contractor, at the risk & cost of the Contractor.
21.12 Payment after Termination
The Employer shall not be liable to make any further payments to the Contractor until
the Works have been completed. When the works are so complete, the Employers
shall be entitled to recover from the Contractor the extra costs, if any, of completing
the Works. The contractor shall be allowed only such sum for the value of Works done
by him prior to termination of contract and certified by the Procurement Committee.
Customs / Import Duties and Other Taxation
22.7 Customs / Import Duties and other Taxation
The Contractor shall pay all customs, import duties and taxes in consequence of the
importation of Goods. The rates and prices quoted by the Contractor in the Financial
Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,
Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well
as fees charge for services provided under this Contract. The taxation is leviable as
per Income Tax Laws issued by the Government of Pakistan and applicable laws of
the Country.
22.8 Clearance through Customs
The Contractor shall be responsible for clearance of all Goods to be supplied under
the Contract. However, the Employer may assist the Contractor in obtaining clearance
through the customs of Goods.
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Notices
23.10 Notices to Contractor
All certificates, notices or written orders to be given to the Contractor by the Employer
or the Procurement Committee under these Conditions shall be sent by either of the
means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's
principal place of business or such other address as the Contractor shall nominate for
that purpose, or may be handed over to the Contractor's representative.
23.11 Notice to Employer and Procurement Committee or Finance Committee or
Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee
Any notice to be given to the Employer or to the Procurement Committee / Finance
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee under these Conditions shall be sent by Airmail Post, Courier Service, or
to be delivered & got received at the respective addresses nominated for that purpose
by the Employer in the Form of Contract.
23.12 Minutes of Meetings
Instructions or notices from the Employer to the Contractor and notices from the
Contractor to the Employer recorded in a minute or protocol signed by the authorized
representatives of the giver and recipient of such notice or instruction shall be valid
notice or instruction for the purposes of the Contract.
Disputes and Arbitration
24.10 If a dispute of any kind whatsoever arises between the Employer and the Contractor
in connection with, or arising out of, the Contract or the execution of the Works, whether
during the execution of the Works or after their completion and whether before or after
repudiation or other termination of the Contract, including any dispute as to any
opinion, instruction, determination, certificate or valuation of the Procurement
Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving
Committee / Finance Committee, the matter in dispute shall, in the first place, be
referred in writing to the Verification Committee, with a copy to the other party. Such
reference shall state that it is made pursuant to this Clause. No later than the fifty sixth
(56) day after the day on which he received such reference, the Verification Committee
shall give notice of his decision to the Employer and the Contractor. Such decision
shall state that it is made pursuant to this Clause.
Unless the Contract has already been repudiated or terminated, the Contractor shall,
in every case, continue to proceed with the Work with all due diligence, and the
Contractor and the Employer shall give effect forthwith to every such decision of the
Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample
Approving Committee or Finance Committee unless and until the same shall be
revised, as hereinafter provided in an amicable settlement or in an arbitral award.
In any case where the Conditions of Contract provide that the decision of the
Verification Committee is to be final and conclusive, such decision shall not be
referable to arbitration under this Clause nor shall the same be questioned in any other
form of proceedings whatsoever.
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24.11 If either the Employer or the Contractor be dissatisfied with a decision of the
Verification Committee or if the Verification Committee fails to give notice of his
decision on or before the fifty sixth (56) day after the day on which he received the
reference, then either the Employer or the Contractor may, on or before the twenty
eighth (28) day after the day on which the said period of fifty six (56) days expired, as
the case may be, give notice to the other party to commence arbitration, as hereinafter
provided, as to the matter in dispute. Such notice shall establish the entitlement of the
party giving the same to commence arbitration, under the provisions of Arbitration Act,
1940, as to such dispute and, subject to Clause referred to above, no arbitration in
respect thereof may be commenced unless such notice is given.
If the Verification Committee has given notice of his decision as to a matter in dispute
to the Employer and the Contractor and no notification of intention to commence
arbitration as to such dispute has been given by either the Employer or the Contractor
on or before the twenty eighth (28) day after the day on which the parties received
notice as to such decision from the Verification Committee, the said decision shall
become final and binding upon the Employer and the Contractor.
24.12 Where notice of intention to commence arbitration as to a dispute has been given in
accordance with Clause referred to above, arbitration of such dispute shall not be
commenced unless an attempt has first been made by the parties to settle such dispute
amicably through mutual negotiation within ninety (90) days from the date of
notification of Verification Committee’s decision.
Law and Procedure
25.7 Applicable Law
The law which is to apply to the Contract and under which the Contract is to be
construed is the laws of Islamic Republic of Pakistan.
25.8 Details to be Confidential
The Contractor shall treat the details of the Contract as private and confidential and
shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or elsewhere without the prior consent in writing of the Employer. If
any dispute arises as to the necessity of any publication or disclosure for the purpose
of the Contract, the decision of Employer shall be final.
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SPECIAL CONDITIONS OF CONTRACT
(SPECIAL STIPULATIONS)
1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).
2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).
3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).
4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).
5. Defects Liability Period 90 days from the effective date of Receipt Certificate.
6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)
5% of Contract Price stated in the Letter of Acceptance (Work Order).
7. Payment Schedule On Supply of Complete consignment for a site (Tehsil Level Gymnasium) under the contract agreement.
8. Currency of Payment Pak Rupees.
9. Guarantee / Warranty Period 03 years from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).
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SECTION - 5
SPECIFICATIONS AND PERFORMANCE CRITERIA
FOR SUPPLY OF ADDITIONAL ITEMS (PU
SYNTHETIC FLOORING FOR GYM, SOUND
SYSTEM, AC SPLIT ETC.)
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SPECIFICATIONS OF SUPPLY OF ADDITIONAL ITEMS
(PU SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,
AC SPLIT ETC.).
a. The specifications given in Technical and Financial
Proposals subject to any modification by the Employer, shall
be strictly adhered to by the Bidder.
b. Brand Name, Company Name and Specifications of the
offered Goods should be clearly mentioned.
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SECTION-6
LIST OF GOODS / SERVICES (BILL OF QUANTITIES)
FOR SUPPLY OF ADDITIONAL ITEMS (PU
SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,
AC SPLIT ETC.)
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LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC FLOORING
FOR GYM, SOUND SYSTEM, AC SPLIT ETC.)
• The quantity of Supply of Additional Items (PU Synthetic Flooring for Gym,
Sound System, AC Split etc.) is required for the following 2 sites:-
i. Tehsil Level Gymnasium at Chak Jhumra District Faisalabad,
ii. Tehsil Level Gymnasiums at Jarranwala District Faisalabad
• The quantity required for each site is as under:-
Sr. # Item Description Quantity for each site
1.
Sound System • Super Quality Woofer Speaker with cabinet
• Power AMP
• Pre-Mixer 4 Channel
• Speaker Wire
• Cordless Mics
• Complete Installation at site
• Imported
01 complete system
2. Air Conditioner • Split AC 1.5 ton
• Mitsubishi or Daiken or Equivalent 01
3. LED Panel 60” (Sharp or Equivalent)
01
4. PU Synthetic Flooring for Gym Fitness Hall (20’x56’) (Imported) with complete installation at site
Complete Installation for Fitness Hall (20’x56’)
5. Electric Water Cooler (100 Gallon)
02
6. Water Dispenser (Orient, Haier or Equivalent)
02
(Note: Procurement Committee will have the right to delete any item or to
enhance or decrease the quantity of any item of procurement).
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SECTION - 7
DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
FOR SUPPLY OF ADDITIONAL ITEMS (PU
SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,
AC SPLIT ETC.)
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DELIVERY TIME (TIME OF COMPLETION) /
COMPLETION SCHEDULE
SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC FLOORING FOR GYM,
SOUND SYSTEM, AC SPLIT ETC.)
1 Delivery Time: (Time of Completion)
Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.
2 Completion Schedule:
(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.
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SECTION - 8
ESTIMATED COST
FOR SUPPLY OF ADDITIONAL ITEMS (PU
SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,
AC SPLIT ETC.)
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ESTIMATED COST
FOR SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC FLOORING
FOR GYM, SOUND SYSTEM, AC SPLIT ETC.)
Sr. No.
Description of Goods Estimated
Cost for 1 Site Total Estimated Cost for 2 Sites
1.
Supply of Additional Items
(PU Synthetic Flooring for
Gym, Sound System, AC Split
etc.)
2,015,230 4,030,460
NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security
(2% of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the total Estimated
Cost.
3. Financial Proposal (Bid) of a Bidder shall be considered responsive and acceptable only if 2% Bid Security for Total Estimated Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.
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SPORTS BOARD PUNJAB
LAHORE
EVALUATION CRITERIA
SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC
FLOORING FOR GYM, SOUND SYSTEM, AC SPLIT ETC.)
Technical Proposal shall be evaluated as per Evaluation Criteria
described in these Bidding Documents.
Financial Proposals of only responsive Bidders shall be opened and
evaluated. The Financial Proposal shall be assessed/ evaluated on
the basis of Lowest Evaluated Bid of each item of procurement.
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INDEMNITY BOND FOR GUARANTEED PERFORMANCE
(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:
for………………………………… (Signature with Name and Designation)
(Indemnifier) Firm / Company Seal
Witness: 1………………………………….………..…… Signature with Name, Designation & Address.
2………………………………….………..…… Signature with Name, Designation & Address.
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SECTION - 11
DETAILS OF STANDARDS THAT ARE TO BE USED IN
ASSESSING THE QUALITY OF GOODS (EQUIPMENT)