Beruflich Dokumente
Kultur Dokumente
3-2/0/00002011/0000
BID DOCUMENT
FOR
TABLE OF CONTENTS
1 DEFINITIONS...................................................................................................................6
1.1 TERMS.............................................................................................................................6
1.2 INTERPRETATIONS..........................................................................................................10
1.3 HEADINGS.....................................................................................................................10
1.4 PERSONS........................................................................................................................10
1.5 INCOTERMS - 2000......................................................................................................10
1.6 ENTIRE CONTRACT........................................................................................................10
1.7 JOINT VENTURE OR CONSORTIUM.................................................................................11
1.8 WAIVER.........................................................................................................................11
1.9 SEVERABILITY...............................................................................................................11
2 INTRODUCTION TO WORK.....................................................................................12
2.1 INSTRUCTIONS FOR BIDDING.................................................................................12
2.2 LANGUAGE OF BID....................................................................................................12
2.3 GENERAL INSTRUCTIONS........................................................................................13
2.4 FUTURE ORDERS........................................................................................................13
2.5 VARIATION OF QUANTITIES....................................................................................13
3 DOCUMENTS TO BE SUBMITTED........................................................................14
3.1 VOLUME-I : COMMERCIAL PROPOSAL...........................................................................14
3.2 FORMAT AND SIGNING OF BID...............................................................................16
3.3 SUBMISSION OF BIDS................................................................................................16
3.4 DEADLINE FOR THE SUBMISSION OF BIDS.....................................................................16
3.5 MODIFICATION AND WITHDRAWAL......................................................................17
3.6 AMENDMENT IN DOCUMENTS...............................................................................17
3.7 CLARIFICATION OF DOCUMENTS..........................................................................18
4 COMMERCIAL TERMS................................................................................................19
4.1 BID CURRENCY...........................................................................................................19
4.2 BID PRICE.....................................................................................................................19
4.3 BID SECURITY.............................................................................................................20
4.4 PERIOD OF VALIDITY................................................................................................20
5 EVALUATION OF BIDS...............................................................................................21
5.1 PRELIMINARY EXAMINATION................................................................................21
5.2 DETAILED EVALUATION...........................................................................................21
5.3 CLARIFICATIONS........................................................................................................24
5.4 INFLUENCING BID EVALUATION............................................................................24
6 AWARD OF CONTRACT.............................................................................................25
6.1 AWARD CRITERIA.......................................................................................................25
6.2 ASSESSMENT OF PERFORMANCE..........................................................................25
6.3 BID ACCEPTANCE/REJECTION................................................................................25
6.4 NOTIFICATION OF AWARD.......................................................................................25
6.5 PERFORMANCE SECURITY......................................................................................25
7 CONDITIONS OF CONTRACT.................................................................................27
7.1 APPLICABLE LAWS....................................................................................................27
7.2 EXPORT/IMPORT LICENSES......................................................................................27
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TENDER NO. Proc .3-2/
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TENDER NO. Proc .3-2/
LIST OF ATTACHMENTS
1. Scope of Work
2. BOQ (Bill of Quantity)
3. Technical Specifications
4. Technical Criteria
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TENDER NO. Proc .3-2/
TENDER NOTICE
TENDER NO. Proc .3-2/
[AVA-IFM 1.] 2. Tender documents can be purchased from the undersigned on payment
of Rs. 2500/.- (non-refundable) through Demand Draft/pay order in favor of Pakistan
Telecommunication Company Limited, H/Qs G-8/4, and Islamabad.
3. Bids received after the above deadline shall not be accepted and be returned
unopened. Bids through E-mail / Fax / Courier shall not be accepted.
5. EMPLOYER reserves the right to reject any or all bids and to annul the bidding
process at any time, without thereby incurring any liability to the affected
bidder (s) or any obligation to inform the affected bidder (s) of the grounds
for EMPLOYER action.
SENIOR MANAGER/CONTRACTS-TURNKEY
(SWITCHING & IT-II)
EMPLOYER HEADQUARTERS, G-8/4,
ISLAMABAD
Tel: +
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TENDER NO. Proc .3-2/
e-mail:
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TENDER NO. Proc .3-2/
1 DEFINITIONS
1.1 Terms
“BOQ " stands for Bill of Quantities of each job/work (site wise) as
mentioned in this contract and its annexes according to which the
Contractor shall supply equipment & services and subject to change by
agreement of both parties.
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TENDER NO. Proc .3-2/
For the purpose of clarification Deliver Duty Paid (DDP) price means
that all costs, expenses, duties and taxes, incurred or payable on
Goods by the Contractor up to the point the Goods are, installed,
tested, commissioned and handed over to consignee/ultimate
consignee, are included in the price of the Goods.
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TENDER NO. Proc .3-2/
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TENDER NO. Proc .3-2/
“ORIGIN” means the place where the Goods are mined, grown or
produced from which the ancillary services are supplied. Goods are
produced when, through manufacturing, processing or substantial and
major assembling of components, a commercially recognized product
results that is substantially different in basic characteristics or in
purpose or utility from its components.
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TENDER NO. Proc .3-2/
“Warranty Period” shall mean the period (s) of Twenty Four months
(24) months or any extended period starting from issuance of PAC.
1.2 Interpretations
1.3 Headings
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1.4 Persons
i. Amendment
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TENDER NO. Proc .3-2/
1.8 Waiver
1.9 Severability
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TENDER NO. Proc .3-2/
2 INTRODUCTION TO WORK
The prices quoted shall be firm and final throughout the contract
execution period until issuance of FAC.
i. Definitions
ii. Instructions for bidding
iii. Conditions of Contract
iv. The Bid Form and Price Schedules
v. The Bid Security Form
vi. The Contract Form
vii. The Performance Security Form
viii. Commercial/ Technical Compliance Sheet
ix. Pricing Schedule
x. Responses to the Bid Document
xi. List of banks.
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TENDER NO. Proc .3-2/
The bid prepared by the Bidder and all correspondence and documents
relating to the bid exchanged by the bidder and EMPLOYER shall be
written in the English language. Any printed literature sent by the
Bidder, may be written in another language so long as it is
accompanied by an English translation of its pertinent passage in
which case, for purposes of interpretation of the bid, the English
translation shall govern its meaning.
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TENDER NO. Proc .3-2/
EMPLOYER reserves the right at the time of award of contract and during
validity of contract to increase or decrease the quantity of Deliverables
up to 15% of the contract price without any change in the unit price or
other terms and conditions. In addition, EMPLOYER may delete any item
and the bid price shall be reduced accordingly provided this does not
invalidate the vendor’s design and system operation.
EMPLOYER reserves the right to accept or reject any or all bids and to
annul the bidding process at any time prior to award of contract without
thereby incurring any liability to the affected bidder(s) or any obligation
to inform the affected Bidder(s) of the grounds for such action.
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TENDER NO. Proc .3-2/
3 DOCUMENTS TO BE SUBMITTED
a) Bid Form
The Bidder shall complete the Bid Form furnished in the Bidding
Document.
b) Bid Security
c) Conformity of Goods
d) Price Schedule
The Bidder shall complete the appropriate Price Schedule furnished in the Bidding
Documents indicating a brief description of the goods/service offered, region and prices.
Discount, if any, shall be clearly shown in price schedule. Discount shown anywhere else,
except price schedule will not be considered. The bidders must mention clearly the levy
or exemption of Sales Tax on the goods being offered on DDP basis. For claiming
exemption, relevant complete documentary proof should be provided. In case the bidder
does not mention the levy or exemption of Sales Tax it shall be treated that sales tax is
included in the price.
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TENDER NO. Proc .3-2/
iv. Simply signing of each page of the tender documents will not
serve the purpose of the compliance statement and such
arrangement will be treated as not complied.
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TENDER NO. Proc .3-2/
[AVA-IFM 4.] The Bidder shall prepare one original and two copies of the Bid,
clearly marking each “ORIGINAL BID” and “COPY” duly numbered 1-2, of
the bid as appropriate. In the event of any discrepancy between them,
the original shall govern.
[AVA-IFM 5.] In addition the Bidder should also provide their responses in
electronic format on CD. All BOQ material should be provided in
Microsoft Excel format and be compatible with Office 2000 and upwards.
This soft copy of the BOQ and its pricing will be complementary part of
commercial proposal however the hard copy shall be considered as
authentic.
[AVA-IFM 6.] All tender response shall be provided in Microsoft Word format
and be compatible with Office 2000 and upwards. Product specifications
and all other bid information may be provided in other electronic
formats such as PDF, Microsoft PowerPoint.
[AVA-IFM 7.] There will be three copies of the electronic copy. If the Bid is not
provided in both hard and soft copy it will be treated as non-responsive
and will be rejected.
The original and all copies of the bid shall be typed or written in indelible
ink and shall be signed by the Bidder or person or persons duly
authorized to bind the Bidder to the contract. The letter of authorization
shall be indicated by written ‘Power-of-Attorney’ accompanying the bid.
All pages of the bid, except for un-amended printed literature shall be
initialled by the person or persons signing the bid. Price schedule should
be properly signed and stamped. If the price schedule is not signed and
stamped the bid will be treated as non-responsive and rejected.
The bid shall contain no interlineations, erasures or over-writing except
as necessary to correct errors made by the Bidder in which case such
correction shall be initialled by the person or persons signing the bid.
Bids must be received by EMPLOYER not later than 12:00 hours on 00-
00-2011, known as the Submission Date or Deadline.
a. EMPLOYER may at its discretion, extend this deadline for the
submission of bids by amending the Bidding Documents, in which case
all rights and obligations of EMPLOYER and Bidders previously subject
to the deadline will thereafter be subject to the deadline as extended.
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TENDER NO. Proc .3-2/
b) A second sealed envelope will contain the commercial offer (priced bid)
with the cost breakdown as per EMPLOYER price schedule / BOQ,
ensuring that this envelope must be marked as “Commercial Offer”.
This master envelope should have one original bid in a separate sealed
envelope and two copies of bid in separate sealed envelopes duly
marked as “Original” and Copy-1 and Copy-2 respectively along with
the soft copies of the Proposal.
The Bidder may modify or withdraw its bid after the bid’s submission,
provided that written notice of the modification or withdrawals is
received by EMPLOYER prior to the deadline prescribed for submission of
bids.
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TENDER NO. Proc .3-2/
At any time prior to the deadline for submission of bids, EMPLOYER may,
for any reason, whether on its own initiative or in response to a
clarification requested by a prospective Bidder, modify the provisions of
RFP Bidding Documents by circulation of formal letter of amendment to
all those parties who have purchased the RFP Bidding Documents.
The amendment will be notified in writing or by fax to all prospective
Bidders who have received the RFP Bidding Documents and will be
binding on them.
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TENDER NO. Proc .3-2/
4 COMMERCIAL TERMS
For Foreign Portion (CFR) the bid price shall be quoted in US Dollars
and for Local Portion (DDP) the bid price shall be quoted in Pak Rupees.
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TENDER NO. Proc .3-2/
The amount of GST for the local portion should be shown on items/sub-
items wise basis in detail BOQs, price summaries and all the pricing
information provided by the bidder wherever GST is applicable. The GST
should be clearly traceable to the items on which it is imposed. Any
increase or decrease in the rate of GST, which is currently 17%, till final
execution of the contract, shall be cost or benefit of EMPLOYER
Discount, if any, shall be quoted on item/sub-item wise basis i.e. at unit
price level. In case the bidder offers the discount as “lump sum”,
EMPLOYER shall has the right to divide that discount proportionately at
each item.
Cost of services provided in Pakistan will be offered in Pak. Rupees only.
For installation, testing, commissioning, project management, survey,
design, integration and any other professional services which have
direct connection with equipments, the bidder shall clearly mention the
percentage (%) of such services to total equipment price. This
percentage (%) will be considered as fixed and afterwards, in case of
change in equipment quantities, this percentage (%) will be applied to
calculate the amount of services.
If a bidder identifies items that are required to make the end-to-end
system operate according to the technical specifications in the Bid
Documents and have not included them in their original Pricing
Schedule, then the bidder will be required to provide these items at no
additional cost to EMPLOYER.
The Bidder shall furnish, as part of its bid, bid security in the amount of
2% of the Bidder’s maximum bid price; valid for 30 days beyond the bid
validity i.e. bid security shall be valid for 210 days after the bid opening
date.
The bid security is required to protect EMPLOYER against the risk of
Bidder’s conduct, which would warrant the security’s forfeiture.
The bid security shall be denominated in Pak Rupees or US$ and shall be
in the form of the Bank Guarantee issued by a Bank located in Pakistan
acceptable to EMPLOYER (List attached).
Any bid not secured in accordance with paragraph and may be rejected
by EMPLOYER as non-responsive.
Un-successful Bidder’s bid security will be discharged/returned by
EMPLOYER pursuant to paragraph 6.4.4.
The successful Bidder’s bid security will be discharged upon receipt of
the Bidder’s performance security, pursuant to paragraph , and
furnishing the performance security, pursuant to paragraph 6.5.
The successful Bidder will be required to keep its bid security valid till
the contract is signed with EMPLOYER and performance security has
been furnished.
The bid security may be forfeited:
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TENDER NO. Proc .3-2/
4.3..1 If a Bidder withdraws its bid during the period of bid validity specified
by the Bidder on the Bid Form
4.3..2 In the case of successful Bidder, if the Bidder fails to sign the contract
in accordance with paragraph or fails to furnish performance security
in accordance with paragraph 6.5.
Bids shall remain valid for 180 (one hundred and eighty) Days after the
Submission Date. A bid valid for a shorter period may be rejected by
EMPLOYER as non-responsive.
Non-extension of the bid validity and bid bond validity by the bidder
upon EMPLOYER request shall automatically render the bidder
disqualified for consideration of the award of tender/contract.
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TENDER NO. Proc .3-2/
5 EVALUATION OF BIDS
Only such bids shall be considered for evaluation which have been
previously determined as substantially responsive in accordance with
paragraph 5.1 above and the prices of which have been quoted strictly in
accordance with BILL OF QUANTITY (BOQ) and Price Schedule given in
the Bid Documents.
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TENDER NO. Proc .3-2/
Technical Evaluation:
Commercial Evaluation
5.2..1 The Comparison and evaluation shall be based on;
5.2..1.1 Exchange Rate: Closing US$ interbank selling rate prevailing on bid
opening date as declared by National Bank of Pakistan on that date will
be considered for evaluation and contract purpose.
5.2..1.2 Landed Cost: for converting the quoted CFR price to DDP price, the landing factor shall
be as under:
Computer Equipment
Software
Computer
Description Hardware
(Information If not If
Technology manufactured manufactured
Software) in Pakistan in Pakistan
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TENDER NO. Proc .3-2/
5.2..1.3 As provided above to bring the CFR price to the level of DDP, loading
would be 19.24% of CFR Price in case of any Computer Hardware
items, 08.18% of CFR Price in case of any Software (*Information Technology
Software) items, 9.47% of CFR Price in case of IT/Telecom if not
manufactured in Pakistan and 51.88% of CFR Price in case of
IT/Telecom if manufactured in Pakistan.
5.2..1.4 The above factor will be used only for comparing the mix of prices
(including foreign and local portion) offered by the bidder and its
further comparison with prices offered completely on DDP basis so
that contract may be awarded accordingly.
Loading for Late Delivery; All Goods offered under this invitation are
required based on the milestones defined in Bidding Documents. Bids
offering deliveries later than the above schedule shall be adjusted in the
evaluation by loading the bid by 1% per week or part thereof to the bid
price. Bid offering deliveries delayed by more than (6) six weeks, beyond
tender delivery schedule, in which case EMPLOYER may reject the bid.
Loading for non-compliance to Payment Schedule; Deviation from
the payment schedule from those specified in the bidding documents,
unless specifically stipulated as a basis for rejection in the bidding
documents, bids offering different terms of payment shall not be
rejected. Instead, the offered terms of payment shall be evaluated on
the basis of commercial loading on the bid price by adding present value
of the additional cost, EMPLOYER shall incur by accepting such
deviations, using a discount rate (Cost of Capital) of 15% (fifteen
percent) per annum.
Separate Bid Security: If separate bid security /one bid security
covering the price of all alternates has not been provided for an
alternate bid, the main bid shall be evaluated and only the alternative(s)
of the lowest evaluated substantially responsive main bid may be
considered.
An alternate bid shall be evaluated as main bid provided that a separate
bid security has been provided for such alternate bid.
If an obligatory item is missing in price schedule, EMPLOYER will have
the right to load it with the highest of prices offered by the other
bidders.
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TENDER NO. Proc .3-2/
Quality
ISO CERTIFICATION
5.3 CLARIFICATIONS
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TENDER NO. Proc .3-2/
6 AWARD OF CONTRACT
EMPLOYER will award contract to the successful Bidder whose bid has
been determined substantially technically and commercially responsive
as per Clause 5.2 provided further that the Bidder is determined to be
qualified to satisfactorily perform the Contract. EMPLOYER may at its
discretion award the Contract to another Bidder if in its opinion the
above criteria are not met.
EMPLOYER reserves the right to accept or reject any bid and to annul the
bidding process and reject all bids at any time prior to award of the
contract, without thereby incurring any liability to the affected bidder, or
bidders or any obligation to inform the affected bidder or bidders of the
grounds for EMPLOYER action.
Prior to the final expiry of the period of bid validity, EMPLOYER will issue
a Letter of Intent (“LOI”) notifying the successful bidder in writing, email,
to be confirmed in writing, that its bid has been accepted.
The issuing of the LOI shall not be construed as legal binding until a
contract has been agreed and signed between EMPLOYER and the
successful Bidder. The successful Bidder will make available the
appropriate resources to ensure that a contract can be agreed and
signed by both parties within two (02) calendar weeks of the issuing of
the LOI.
Between signing the LOI and prior to signing the Contract, the successful
Bidder must successfully demonstrate to the satisfaction of EMPLOYER, a
proof of concept system showing key elements of the system as defined
in the Bid Documents.
Upon the successful Bidder’s furnishing of performance security
pursuant to paragraph 6.5, EMPLOYER will notify each un-successful
bidder and will discharge its bid security, pursuant to paragraph 4.3.
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TENDER NO. Proc .3-2/
The successful bidder prior to signing of the Contract shall furnish the
Performance Security, in accordance with the conditions of Contract and
the tender document and in the form provided in the bidding/tender
documents.
Failure of the successful Bidder to comply with the requirements of
clause 6.4 and shall constitute sufficient grounds for the annulment of
the award and the forfeiture of the Bid Security, in which event
EMPLOYER may make the award to other evaluated and technically
compliant bidder or call for new bids.
The Performance Security shall be denominated in Pak Rupees or in the
currency of the Contract and shall be in following form:
6.5..1 An unconditional irrevocable Bank Guarantee issued by a
Scheduled Bank located in Pakistan and in the form provided in the Bid
Documents.
6.5..2 The Performance Security shall remain valid till the expiry of the
24 (Twenty Four) months or any extended period of Warranty Period
beyond 24 (Twenty Four) months after issuance of Provisional
Acceptance Certificate (‘PAC’) certifying receipt of deliverables and
services in good order and conditions.
6.5..3 The Performance Security will be discharged by EMPLOYER not
later than 30 days following the date of completion of the contract and
issuance of Final Acceptance Certificate (FAC).
6.5..4 The Performance Security shall be equal to or more than the
amount of 10% of the Contract price. If the performance Bond is not
submitted to EMPLOYER within 7 days specified period or it is not issued
in the form provided in the bid documents or its amount is less than
10% of the Contract price EMPLOYER shall have the right to forfeit the
bid bond and reserves the right to cancel the purchase
contract/notification of award and /or the credit agreement as the case
may be.
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TENDER NO. Proc .3-2/
7 CONDITIONS OF CONTRACT
[AVA-IFM 1.] For CFR Prices; The Contractor shall be responsible for all
taxes, levies, freight (excluding marine insurance, custom duty, sales
tax (if any) and income tax at import stage), transportation, handling,
warehousing, fees and any other levies outside and inside Pakistan in
connection with the execution and performance of this contract.
[AVA-IFM 2.] Any increase or decrease in the rates of GST (if any) in case of local
component shall be to the cost or benefit of the EMPLOYER till final
execution of the contract
[AVA-IFM 3.] Withholding tax shall be deducted on local portion only as per prevailing
rates of the income tax laws of Pakistan.
[AVA-IFM 4.] Any increase or decrease in rates of duties and Taxes prevailing as on
the date of contract shall be to the cost and benefit to EMPLOYER.
[AVA-IFM 5.] The Contractor shall be aware of responsible for all Pakistani tax
regulation and will pay all taxes; duties, tariffs and impositions lawfully
assessed against the Contractor for execution and performance of the
contract.
[AVA-IFM 6.] The Contractor will be responsible for payment of all local insurance and
transport charges up to the delivery of equipment at the EMPLOYER
designated site. The Contractor will be responsible for transportation,
handling, storage and insurance of the equipment supplied under the
contract until the issuance of provisional acceptance certificate.
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TENDER NO. Proc .3-2/
[AVA-IFM 7.] The Contractor shall fully indemnify EMPLOYER against all
actions, claims, demands, proceedings, damages, costs, charges and
expenses arising from or incurred by reason of any infringement or
alleged infringement of any intellectual property rights including
copyright, patent rights, design rights and trade marks by use or
possession of the service, software and equipment supplied by the
Contractor.
[AVA-IFM 8.] If at any time any allegation of infringement of any intellectual
property rights including copyright, patent rights, design rights and
trade marks by the use or possession of the service, software and
equipment supplied by the Contractor under the contract is made or in
the Contractor’s reasonable opinion is likely to be made, the Contractor
may at its own expense modify or replace the service, software and
equipment, without detracting from overall performance, the Contractor
making good to the EMPLOYER any loss of use during modifications or
replacement, so as to avoid the infringement.
7.6 AFFIRMATION
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TENDER NO. Proc .3-2/
The Goods supplied under this Contract shall conform to the standards
mentioned in the Technical Specifications, and when no applicable
standard is mentioned; to the authoritative standard appropriate to the
Goods country of origin and such standards shall be the latest issued
by the concerned institution. In case of conflicting specifications
appearing in the documents, decision of EMPLOYER will be final.
7.10 QUALITY
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TENDER NO. Proc .3-2/
7.11 WARRANTY
[AVA-IFM 9.] The Contractor warrants that the Equipment including Software
is brand new, latest version, and free of defects in materials or
workmanship. This Warranty shall be valid for a period of Twenty Four
(24) months from the date of issuance of PAC. The Contractor hereby
undertakes to remedy at its own cost and expense any defect in the
Equipment and Software including faulty design, material or
workmanship supplied under the Contract.
The Contractor further warrants that all Goods supplied under this
contract shall have no defect arising from design, material or
workmanship or from any act or omission of the Contractor, which may
develop under normal use to the supplied Goods in the conditions
prevailing in the country of final destination.
This warranty shall remain valid for 24 (twenty four) months or any
extended period after issuance of PAC by authorized officer from IT etc,
EMPLOYER H/Qs Islamabad.
EMPLOYER shall promptly notify the Contractor in writing of any claims
arising under this warranty.
Upon receipt of such notice, the Contractor shall , with all reasonable
speed, repair or replace, at EMPLOYER’s installation site and / or
consignee’s store as the case may be at that time, the defective Goods
or part thereof, without costs to EMPLOYER.
If the Contractor, having been notified, fails to remedy the defect(s)
within 15 days, EMPLOYER may proceed to take such remedial actions as
may be necessary, at the Contractor’s risk and expense and without
prejudice to any other rights which EMPLOYER may have against the
Contractor under the contract.
The Contractor shall promptly correct at no cost to EMPLOYER, any
defect in any work of correction executed previously, upon receipt of
written notice of defect within 24 (twenty four) months warranty period
from the acceptance of the corrected defect.
[AVA-IFM 10.] The Contractor shall manufacture and arrange CFR and/or DDP
delivery to EMPLOYER’s designated store (s) /site (s).
7.12.2 The Contractor shall conform with and abide by the provisions of all
Federal, Provincial and Local Laws, Regulations and any other Laws
for the time being in force in Pakistan including all regulation’s
or by-laws of any local or other duly constituted authority within
Pakistan which may be applicable to the performance of the contract
and the rules and regulations of public bodies and companies whose
property or rights are affected or may be affected in any way by the
works (here in after referred to as “state laws”) and shall give all
notices and pay all fines required to be given or paid thereby and
shall keep EMPLOYER indemnified against all penalties of every kind for
breach of any of the same.
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7.12.3 For the term of the contract, as far as reasonably practicable and
without liability on its part, EMPLOYER shall provide such
information as may be required by the Contractor.
The Contractor shall not change the contract or any part thereof, or
assign or sub-contract the whole or otherwise any part of the work
without the prior written consent of EMPLOYER. Such consent, if given,
shall not relieve the Contractor from any liability or obligation under the
Contract and the Contractor shall be responsible for the acts, defaults
and neglects of any subcontractor, agent assignee or neglect of the
Contractor’s servant or workman or employee.
7.16 DELIVERY
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In the case of CFR Portion, when the Goods have been put on board
at port of origin, the export conveyance at the specified port of loading
by the contractor, and invoice(s), bill of lading together with all such
other documentation have been furnished to EMPLOYER.
7.17 DOCUMENTS
FOR THE
EMPLOY
SENIOR ACAO
ER Senior
MANAGER (L/C)
H/QS, Manger
(MATERIAL EMPLO
SM (Stores)
& YER
(Contra KARCHI
LOGISTICS) H/Qs.
ct)
KARACH
Valued Invoice with
details of each equipment 7
2 2 1
and its quantity + unit 2
prices And total Amount.
Packing List 3 2 2 1
3
Freight memo if prepared. 2 2 1
3
Weight and measurement
3 2 2 1
Certificate
Original Bill of lading
2 1
(through bank)
Non Negotiable B/L 3 2 2 1
Certificate of Origin 3 2 2 1
shipment declaration 3 2 2 1
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TENDER NO. Proc .3-2/
FOR THE
EMPLOY
SENIOR ACAO
ER Senior
MANAGER (L/C)
H/QS, Manger
(MATERIAL EMPLO
SM (Stores)
& YER
(Contra KARCHI
LOGISTICS) H/Qs.
ct)
KARACH
Per-shipment Inspection
Certificate issued by the
EMPLOYER nominated
- 2 2 1
Testing Team or waiver
their off by the
EMPLOYER
Warranty Certificate - - - 1
[AVA-IFM 11.] The above documents shall be received by EMPLOYER at least
one week before arrival of Goods at the port and if not received, the
Contractor will be responsible for any consequent expenses. Also if
these shipping documents as well as marking etc. are not strictly in
accordance with the Contract or with the preceding relevant paragraph
consequently causing undue delay on the EMPLOYER part in clearing the
Goods from the customs, the Contractor shall be held responsible for
any amount of expenses incurred thereby such as go down rent and
other extra charges imposed upon EMPLOYER.
[AVA-IFM 12.] The Contractor shall be billed for such expenses, payment of
which shall upon request be made promptly by the Contractor to
EMPLOYER in the form of either a cheque or Demand draft in EMPLOYER
favor.
[AVA-IFM 13.] In case of short shipment or short packing, if EMPLOYER has not
earlier been notified by the Contractor of the short shipped or short
packaged materials before the arrival of the Goods causing EMPLOYER to
pay for full amount of import duty on the Goods fully invoiced, the
Contractor shall be held responsible for any import duty or other
charges to be paid by EMPLOYER in processing the short shipped or
short packaged materials which are sent to EMPLOYER afterwards
through the part of destination for which duplicate duty or charges had
already been paid at the time of earlier shipment.
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7.18 INSURANCE
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7.18..5 Each packing shall be clearly and legibly marked in English with the
name of the Contractor, the consignee, contract No. and date and
quantity of material.
7.19 TRANSPORTATION
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The Contractor shall offer the systems for provisional acceptance testing as
soon as the works are ready for cut-over. The Contractor shall provide the
supervisory personnel and equipment necessary to make proof of
performance test as required in the Bid Documents and as approved by
EMPLOYER.
Failure to meet such tests or any test required by EMPLOYER to show
compliance with the specifications in the Bid Documents shall be sufficient
cause for rejection and such test or tests shall be repeated after
modifications or replacements as deemed necessary for EMPLOYER.
If performance is found to be marginal or that the results of any phase of
the tests are inconclusive, further testing shall be performed as required by
EMPLOYER. Any such re-work or re-testing shall be at the cost of the
Contractor.
In the event that the results of the test indicate that the equipment
proposed by the Contractor is not at a satisfactory level to provide the
services, systems and features defined in the Bid Documents, then
EMPLOYER reserves the right to terminate the contract with the Contractor
and seek appropriate damages.
Upon satisfying EMPLOYER that the systems are ready for service and their
performance complies with the specifications laid down in the Bid
Documents, and that the spares are complete in working order and in place,
and that the training as applicable has been completed as required from
the Contractor, EMPLOYER shall provide the Contractor with a certificate of
Provisional Acceptance (PAC).
At least four weeks before offering the systems for acceptance testing, the
Contractor shall propose acceptance test procedure, for EMPLOYER's
approval. EMPLOYER may approve the procedure as proposed, or after such
modifications as are deemed necessary for proof of performance.
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The Contractor shall make good with all possible speed all defects
arising from defective design, material or workmanship or from any act
of omission of the Contractor and those which may develop under the
condition provided for by the contract and under proper use of the plant
or any portion during 24(twenty four) months after issuance of last
Provisional Acceptance Certificate (In case of more than one PAC).
If any such defect shall occur, EMPLOYER or its authorized
representative shall promptly inform the Contractor stating in writing
stating the nature of the defect.
If the Contractor replaces or renews any part of the plant, the provision
of this paragraph shall apply to the part of the plant so replaced or
renewed subject to the substitutions, for the words “DURING 24 (Twenty
Four) MONTHS AFTER ISSUANCE OF THE PROVISIONAL ACCEPTANCE
CERTIFICATE” as mentioned above by the words “24 (Twenty Four)
MONTHS FROM THE DATE OF REPLACEMENT OR RENEWAL".
The supply to EMPLOYER of a part in replacement thereof shall
constitute fulfilment by the Contractor of his obligation under this
paragraph in respect of that defective part:
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7.26 TRAINING
[AVA-IFM 16.] Training manual shall be delivered to all participants during the training.
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8 PAYMENTS
For payment in PKR, the Contractor may opt for payment through crossed
cheques or inland LC. For payment of local L/C, EMPLOYER shall establish
irrevocable letter of credit in favour of the Contractor. In this case charges
for opening, transaction and extension of letter of credit will be borne by
Contractor.
The documents for the payment of foreign and/or local component shall be
provided through banking channels. The documents for local component
duly verified by the Project Director shall be provided to the ACAO (L/C)
EMPLOYER Headquarters, Islamabad for acceptance and arrangement of
payment.
Payments are subject to deduction of income tax at prevalent rate from the
relevant invoices of the Contractor and paid to the Tax Authorities, except
those especially exempted by the authorities. The bank will issue certificate
of deductions to the Contractor to enable it to settle tax returns with the
concerned authorities.
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EMPLOYER will make payment equal to 60% of the amount of equipment &
software’s for each individual invoice at the time when delivery documents
will be presented and conditions specified in clause 8.1 are fulfilled.
30% of the contract price of equipments will be paid at the time of issuance
of PAC for whole project.
Balance 10% will be paid at the time of issuance of FAC and performance
security of 10% will be released
30% of the payment will be made at the time of issuance of final PAC for
completion system.
Balance 10% will be paid at the time of issuance of FAC and performance
security of 10% will be released.
The Contractor will submit the invoices within 15 days after the completion
of the activities as defined in Para 8.2.1 to 8.2.4
EMPLOYER will make payment of 25% of training price on the start of training
and submission of invoice. Balance 75% of training price will be made after
submission of training completion certificate duly verified by the respective
Project Director and invoices.
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If the Contractor neglects to perform the contract with due diligence and
expedition or shall refuse/or neglect to comply with any reasonable
orders given to him in writing by EMPLOYER or any of his authorized
representative in connection with the performance of the Contract or
shall contravene the provisions of the contract, EMPLOYER may give
notice in writing to the Contractor to make good the failure, neglect or
contravention complained of.
Should the Contractor fail to comply with the said notice, within fifteen
(15) days from the date of issue of said notice thereof, it shall be lawful
for EMPLOYER forthwith to terminate the contract by notice in writing to
the Contractor without prejudice to any rights which may have accrued
under the contract to either party prior to such termination.
If EMPLOYER has to incur extra cost for procuring any part of Goods &
Services or any such similar Goods & Services not delivered in
accordance with the Contract on the date of such termination, the
Contractor shall pay on demand within one month the amount of such
extra cost together with the penalty amounting to 10% of the Contract
value of such part or all Goods in the currency of the Contract.
If the Contractor fails to complete any of his obligations under the
Contract within the extended time granted by EMPLOYER under “FORCE
MAJEURE” and EMPLOYER shall have suffered any loss from such failure,
EMPLOYER shall be entitled to deduct from the contract price at the rate
of One (01) percent per week of the contract value of the Goods and
services which cannot in consequence of the said failure be put to the
use intended for such work for each week between the time fixed in the
Contract (except as aforesaid) and the actual date of completion.
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Notwithstanding the provisions of the paragraph 9.1, 9.2 and 9.3, the
Contractor shall not be liable for forfeiture of its performance security,
liquidated damages or termination for default, if and to the extent that,
it’s delay in performance or other failure to perform its obligations under
the contract is the result of an event of Force Majeure.
If either party is temporarily rendered unable, wholly or in part by Force
Majeure to perform its duties or accept performance by the other party
under the Contract it is agreed that on such party, giving notice with full
particulars in writing of such Force Majeure to the other party within 07
(Seven) days after the occurrence of the cause relied on, then the
duties, of such party as far as they are affected by such Force Majeure
shall be suspended during the continuance of any inability so caused but
for not longer period and such cause shall as far as possible be removed
with all reasonable speed.
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9.6 INDEMNIFICATION
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10 TERMINATION OF CONTRACT
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12. NOTICES
12.1 Any notice given by one party to the other pursuant to this
Contract shall be sent in writing or by telegram or telex cable
and confirmed in writing to the address specified for that
purpose.
12.4 All notices and any other writings in connection with this
Contract shall be sent to the following address, unless otherwise
advised in writings:-
Contractor:__________________________________
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BID FORM
To,
Pakistan Telecommunication
Company Limited, Headquarters,
G-8/4, Islamabad.
Dear Sir,
We agree to abide by this bid for a period of (______________) days from the
date fixed for bid opening and it shall remain binding upon us and may be accepted
at any time before the expiration of that period.
Until a formal contract is prepared and executed, this bid, together with your
written acceptance here of in your notification of award shall constitute a binding
contract between us.
In the event that we fail to execute said contract and deliver within seven
days after your acceptance of this bid, the bid bond accompanying this bid can be
encashed by or on behalf of the Pakistan Telecommunication Company Limited and
the money payable there from shall stand forfeited to EMPLOYER.
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To,
PAKISTAN TELECOMMUNICATION
COMPANY LIMITED, HEADQUARTERS,
G-8/4, ISLAMABAD
Dear Sir,
ii. To keep this guarantee in full force from (date) _________ upto _____________
(date) _______ the date until which the Tenderer’s offer is valid.
iii. To extend the period of guarantee if such extension be necessary beyond the
date stated in para (ii) and as so desired by the tenderer.
Any claim arising out of this guarantee must be lodged with this Bank
within the period the guarantee is valid and before the date of its expiry. After this
date the guarantee will be considered null and void and should be returned to us.
Yours faithfully,
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FROM: _____________________
_____________________
_____________________
SUBJECT: B/G AND DATE FOR _______________ ON BEHALF OF __________FOR DUE AND
FAITHFUL PERFORMANCE CONTRACT NO. PUR________________ DATED_______________.
WE HEREBY AGREE:
2). To keep this guarantee valid in full force from this date upto the time of
the due and faithful completion of the contract under reference (the schedule of
implementation shall be as described in the contract and its subsequent amendments)
or till ___________whichever date is later. The faithful completion of the Contract by the
Contractor will be intimated by EMPLOYER.
Signature:________________________
A Person Authorized To Sign Contract on
Behalf.
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CONTRACT FORM
By and between:
AND
M/S-------------------------------------------------------------------------------------------------
-- (hereinafter referred to as ‘CONTRACTOR’ which expression shall be deemed to
include its successors-in-interest and assigns) of the other part.
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TENDER NO. Proc .3-2/
or may be reasonably necessary for the completion of the contract within the time
and in the manner and subject to the terms, conditions and stipulation mentioned in
this contract.
WITNESS
----------------------------------------- EVP(PROC.)
------------------------------------ EMPLOYER HEADQUARTERS,
----------------------------------------- ISLAMABAD
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(Separate Sheets)
The Compliance Sheet is meant for stating the tender's compliance / non-
compliance on all clauses and it is divided into three columns. The tender shall
complete the Compliance Sheets strictly in accordance with the instructions given
below:
The bidder shall complete the Commercial Compliance Sheet furnished in the Bid
Document strictly in accordance with the instructions given in the tender. However
the following points are further added.
Where a clause in stated to be "complied" the bidder may provide further reference
details. In the event of any discrepancy between these details and the statement of
compliance, the compliance statement will be taken by EMPLOYER as correct and
binding upon the bidder and the details (including footnotes or specified in any
other form or place) given by the bidder will be ignored
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Where the clause is stated to be "not complied" or "partially complied" then the
bidder will provide full details of the deviation from the specified requirements
together with full details of any alternative arrangement offered.
Simply signing of every page of bid documents will not serve the purpose of the
compliance statement and will be treated as not complied, therefore proper
compliance sheet should be attached with bid.
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US $ Equivalent
(PKR)
1. Equipment
2. Software
3. Services (as % to
equipment and
software price)
GRAND TOTAL
The bidder shall also mention clearly the levy or exemption of Sales Tax on the
Goods being offered. In case the bidder mentions the levy of Sales Tax and later on
after the supply of Goods claims exemption, necessary reduction in price @ 17% will
be made at the time of payment.
Closing US $ inter Bank selling rates prevailing on the bid opening date as declared
by National Bank of Pakistan on that date will be considered for evaluation and
contract purpose.
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Closing US $ inter Bank selling rates prevailing on bid opening date as declared by
National Bank of Pakistan on that date will be considered for evaluation and
contract purpose.
M/s______________________
Full address: _____________
Tel & Fax Nos:_____________
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M/s______________________
Full address: _____________
Tel & Fax Nos:_____________
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List of Annexure
5. Scope of Work
6. BOQ (Bill of Quantity)
7. Technical Specifications
8. Technical Criteria
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