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TENDER NO. Proc .

3-2/0/00002011/0000

BID DOCUMENT

FOR

Supply, Installation, Implementation, & Integration


of Business Intelligence Solution for CRM on
Turnkey Basis

PAKISTAN TELECOMMUNICATION COMPANY LTD.


HEADQUARTERS, G-8/4,
ISLAMABAD.
TENDER NO. Proc .3-2/

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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7.3 TAXES AND DUTIES...................................................................................................27


7.4 GOVERNING LANGUAGE.........................................................................................27
7.5 INTELLECTUAL PROPERTY RIGHTS......................................................................27
7.6 AFFIRMATION..............................................................................................................28
7.7 STANDARDS & SPECIFICATIONS............................................................................28
7.8 CONFIDENTIALITY OF INFORMATION..................................................................28
7.9 EVIDENCE OF RELIABILITY....................................................................................29
7.10 QUALITY.......................................................................................................................29
7.11 WARRANTY..................................................................................................................29
7.12 RESPONSIBILITIES AND OBLIGATIONS................................................................30
7.13 ASSIGNMENT & SUB-CONTRACTS.........................................................................30
7.14 CHANGE OF ORDER...................................................................................................30
7.15 CONTRACT AMENDMENTS......................................................................................31
7.16 DELIVERY.....................................................................................................................31
7.17 DOCUMENTS................................................................................................................31
7.18 INSURANCE..................................................................................................................33
7.19 TRANSPORTATION......................................................................................................34
7.20 TESTING OF GOODS...................................................................................................34
7.21 INSPECTION AND TESTS...........................................................................................34
7.22 PROOF OF PERFORMANCE.......................................................................................35
7.23 ACCEPTANCE TESTING.............................................................................................35
7.24 FINAL ACCEPTANCE CERTIFICATE:.......................................................................36
7.25 REMOVAL OF DEFECTS.............................................................................................36
7.26 TRAINING.....................................................................................................................36
8 PAYMENTS......................................................................................................................38
8.1 SCHEDULE OF PAYMENTS........................................................................................38
9 DUTIES & RESPONSIBILITIES...............................................................................40
9.1 CONTRACTOR’S NEGLIGENCE................................................................................40
9.2 DELAYS IN PERFORMANCE.....................................................................................40
9.3 CONTRACTOR’S DEFAULT.......................................................................................40
9.4 AMICABLE SETTLEMENT.........................................................................................40
9.5 FORCE MAJEURE........................................................................................................41
9.6 INDEMNIFICATION.....................................................................................................42
10 TERMINATION OF CONTRACT...........................................................................43
10.1 TERMINATION OF CONTRACT FOR DEFAULT.....................................................43
10.2 TERMINATION FOR INSOLVENCY..........................................................................43
10.3 TERMINATION FOR CONVENIENCE.......................................................................43
10.4 LIQUIDATED DAMAGES............................................................................................43
BID FORM................................................................................................................................45
FORM FOR BID SECURITY..............................................................................................46
PERFORMANCE SECURITY FORM...............................................................................47
CONTRACT FORM................................................................................................................48
COMMERCIAL / TECHNICAL COMPLIANCE SHEET.............................................50
PRICE SCHEDULE TABLE-I..............................................................................................52
PRICE SCHEDULE TABLE-I-B................................................................................................54

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LIST OF ATTACHMENTS

1. Scope of Work
2. BOQ (Bill of Quantity)
3. Technical Specifications
4. Technical Criteria

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PAKISTAN TELECOMMUNICATION COMPANY LIMITED


HEADQUARTERS, G-8/4, ISLAMABAD

TENDER NOTICE
TENDER NO. Proc .3-2/

Supply, Installation, Implementation, & Integration


of Business Intelligence Solution for CRM on
Turnkey Basis
Sealed bids are invited for Supply, Installation, Implementation, & Integration of
Business Intelligence Solution for CRM on Turnkey Basis in accordance with
Technical Specifications, Scope of Work and BOQ as specified in the Tender
Documents. Bids can be submitted on foreign portion on CFR (US$) and local portion
on DDP (Pak Rupees).

1. Bids shall be submitted in Employer Headquarters, Islamabad as per


instructions provided in tender documents on or before 12:00 Hr. Dated: 00-
00-2011.

[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.

4. Commercial bids must be accompanied by a bid security of 2% (two percent)


of the total value of the bid.

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.

6. Bidder must mention their Vendor Registration code on quotation. In case


vendor is not registered, then registration must be done before the issuance
of Letter of Intent (LOI). Vendor Registration form can be downloaded from
EMPLOYER website www.employer.com.pk/media

7. All correspondence on the subject may be addressed to the undersigned.

SENIOR MANAGER/CONTRACTS-TURNKEY
(SWITCHING & IT-II)
EMPLOYER HEADQUARTERS, G-8/4,
ISLAMABAD
Tel: +

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e-mail:

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1 DEFINITIONS

In this document, the following terms and expressions shall be


interpreted as indicated:

1.1 Terms

“Acceptance Test(s)” “means the test(s) specified in the Technical


Specifications to be carried out to ascertain whether the Facilities or a
specified part thereof is able to attain the Performance Level specified
in the Technical Specifications in accordance with the provisions of the
Contract.

“Acceptance Test Procedures” means test procedures specified in


the technical specifications and /or by the supplier and approved by
EMPLOYER as it is or with modifications.

“Approved” or “approval” means approved in writing.

“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.

“Bidding” means a formal procurement procedure under which sealed


bids are invited, received, opened, examined and evaluated for the
purpose of awarding a contract.

“Bid/Tender Document” means the Bid/Tender documents issued by


EMPLOYER for invitation of Bids/Offers along with subsequent
amendments and clarifications.

“Bid Bond / Security” means an irrevocable bank guarantee issued


by a scheduled bank, acceptable to EMPLOYER, in Pakistan on non-
judicial stamp paper with stipulated terms provided by EMPLOYER in
the form annexed with the tender documents. This is to be
commensurate with the quoted price but in no case less than 02% of
the total bid amount.

“CFR” means “Cost and Freight” as specified in Incoterm 2000. In


Cost and Freight, the seller/exporter/manufacturer clears the goods for
export and is responsible for delivering the goods past the ship’s rail at
the port of shipment (not destination). The seller is also responsible for
paying for the costs associated with transport of the goods to the
named port of destination.

“Competent Authority” means the officer or functionary duly


authorized by EMPLOYER to deal finally with the matter in issue.

“Completion Date” means the date by which the Contractor is


required to complete the Contract.

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“Country of Origin” means the countries and territories eligible


under the rules elaborated in the “Instruction to Bidders ".

“Contract” means this Contract between EMPLOYER and the


Contractor and comprising documents enumerated therein, such as the
Conditions of Contract, the Scope of Works, the Specifications and the
Contractor's offer and correspondence relating thereto, the Bill of
Quantities with unit prices to be provided by the Contractor after
completion of the detailed design work, (where applicable) or as
approved by EMPLOYER based on the accepted bid with agreed to
adjustments Appendices and Addenda as well as any amendments
made to any such documents in accordance with the Contract.

“Contractor” see “Main Contractor” and “Sub-Contractor including


Vendors” below

“Contractor’s Representative” has the same meaning as defined


in “Supplier’s Representative”.

“Contract Documents” means the documents listed in Clause # 2.1


of the Form of Contract (including any amendments thereto) or in any
other article in this contract.

“Contract Price” means the agreed price payable to the Contractor


under the Contract for the full and proper performance of its
contractual obligations to the satisfaction of EMPLOYER.

“Day” means calendar day of the Gregorian calendar.

“Month” means calendar month of the Gregorian calendar.

“Delivery Charges” means local transportation, handling, insurance


and other charges incidental to the delivery of Goods to their final
destination.

“D.D.P.” means Delivered Duty Paid as specified in INCOTERM 2000


with unloading responsibility of seller.

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.

“Documentation” means documentation specified in the relevant


Article(s).

“Drawings” means the drawings referred to in the Contract


documents and any modification of such drawings approved in writing
by EMPLOYER and such other drawings as may from time to time be
furnished or approved in writing by EMPLOYER.

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“Equipment” shall mean the physical items/Goods, systems, tools,


project materials, plants and the life required to be provided by the
Contractor under the Contract.

“Contract Date” means the date of fulfilment of all conditions stated


in the clause of “Effective Date of Contract” for Determining Time of
Completion in the Form of Contract or the relevant annexure.

“FAC” means Final Acceptance Certificate, which will be issued by


EMPLOYER to the Contractor twenty four (24) months after issuance of
PAC.

“Force Majeure” means Acts of God, strikes, lockouts or other


industrial disturbance, act of public enemy, war, blockages,
insurrections, riots, epidemics, landslides, earthquakes, fires, storms,
lightning, flood, washouts, civil disturbances, explosion, Governmental
Export/Import Restrictions (to be supported by a letter from the
relevant Authority and verified by the Diplomatic Mission in Pakistan),
Government actions/restrictions due to economic and financial
hardships, change of priorities and any other cause similar to the kind
herein enumerated or of equivalent effect, not within the control of
either party and which by the exercise of due care and diligence either
party is unable to overcome.

“Deliverables” means raw materials, products, equipment, spares,


and commodities in solid, liquid or gaseous form, and electricity,
incidental services, transport, maintenance and similar obligations
related to the contracted work/services. The deliverable include all of
the equipment, machinery, and/or other materials which the
Contractor is required to provide to EMPLOYER under the Contract,
including Hardware, Firmware and Software of all types specified
explicitly or implicitly and/or required for a fully functional system(s) as
per EMPLOYER specifications performance objectives.

“Goods Receipt Certificate (Deliverable Material)” means


certificate issued by the consignee (EMPLOYER) certifying receipt of
Contract material in Good order and condition.

“Liquidated Damages” mean the monetary damages imposed upon


the Contractor and the money payable to EMPLOYER by the Contractor
on account of late delivery of the whole project. Liquidated Damages
shall be applied to the delayed portion for the delay/incomplete
performance beyond the overall completion date of project.

“L/C” means an unconditional irrevocable Letter of Credit opened by


EMPLOYER at EMPLOYER’s Cost or at Contractor’s/Supplier’s cost as
specified in the contract.

“L.O.I” means Letter of Intent issued to successful bidder


communicating formal intent of acceptance by EMPLOYER of the
offer/bid.

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“Offer” means the quotation/bid and all subsequent clarifications


submitted by the Bidder and accepted by EMPLOYER in response to
and in relation with the Bid Documents.

“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.

“PAC” means Provisional Acceptance Certificate, which will be


issued by EMPLOYER to the Contractor after receipt of the delivered
Goods in good order and conditions and/or successful installation,
testing & commissioning with successful operation of the system under
the contract.

“Performance Security” means an irrevocable bank guarantee


issued by a scheduled bank, acceptable to EMPLOYER, in Pakistan on
non-judicial stamp paper with stipulated terms provided by EMPLOYER
in the form annexed with the tender documents and in any case its
value should not be less than 10% of contract value.

“EMPLOYER” means Pakistan Telecommunication Company Limited,


Headquarters G-8/4, Islamabad or any person duly authorised by it for
the purpose of specific tasks within the contract and notified to the
Contractor in writing.

“Main Contractor” means the individual or firm ultimately


responsible for supplying all the deliverable and services on time and
within cost of this contract.

“EMPLOYER's Representative” shall mean the representative to be


appointed by EMPLOYER to act for and on behalf of EMPLOYER with
respect to this Contract.

“RFS” means Ready for Service

“Services” means any scope of contract, which relates to supply,


warranty, and other services and obligations of the Contractor as
provided in the Contract.

“Shipping Documents” means Contractor's Valued Invoice, Packing


List, Freight Memo (if any), Weight and Measurement Certificate,
Original Bill of Lading or Airway Bill (as the case may be), Certificate of
Origin, Warranty Certificate, Insurance Declaration and Inspection
Certificate and/or Contractor's Factory Test Certificate, as required by
the Contract.

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“Specifications” means the specifications, provided in the Contract


and its annexure and in EMPLOYER Tender Specifications and where the
Contract is silent and in cases of conflicting specifications appearing in
the documents, based on the latest version of ITU-T recommendations.

“Site” means the land or locations, buildings and other places


including containers shells wherein and upon which the Facilities are to
be installed, and such other land or places as may be specified in the
Contract as forming part of the site.

“Third Party Vendor” means the individual or firm ultimately


responsible for supplying all the Goods and services on time and to
cost under this Contract acting individually alone or as a “Main
Contractor” for a consortium.

“Supplier's Representative” means the person


nominated/authorized by the Contractor and named as such in the
Contract and approved by EMPLOYER in the manner provided in the
Contract.

“Subcontractor including Vendors” means any person/firm to


whom execution of any part of the facilities and/or services including
preparation of any design or supply of any plant and equipment, is
sub-contracted directly or indirectly by the Contractor, and includes its
legal successors or permitted assigns.

“TURNKEY” shall mean all obligations of the Contractor explicitly or


implicitly arising out of or stated in this Contract which are required to
complete the entire System/Work as per Annexure and any equipment,
parts or services required for complete and satisfactory performance of
the system except obligations of EMPLOYER explicitly described in this
Contract.

“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

Words importing persons or parties shall include firms and corporations


and any organization having legal capacity. Words importing the
singular or so include the plural and vice versa where the context
requires. Words importing one gender also include other gender.

1.3 Headings

The headings and marginal notes in the General Conditions of Contract


are included for ease of reference, and shall neither constitute a part of
the Contract nor affect its interpretation.

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1.4 Persons

Words importing persons or parties shall include firms, companies and


government entities.

1.5 INCOTERMS - 2000

Unless inconsistent with any provision of the Contract, the meaning of


any trade terms and the rights and obligations of parties there under
shall be as prescribed by INCOTERMS.

“INCOTERMS” means international rules or interpreting Commercial


trade terms published by the International Chamber of Commerce
(latest edition), 38 Course Albert 1er, and 75008 Paris, France.

1.6 Entire Contract

This Contract together with annexes referred to in the contract


document constitutes the entire agreement between EMPLOYER and
Contractor with respect to the matter of Contract and supersedes all
communications, negotiations and agreements (whether written or
oral) with respect thereto made prior to the date of Contract.

i. Amendment

No amendment or other variation of the Contract shall be effective


unless it is in writing, is dated, expressly refers to the Contract, and is
agreed in writing and signed by a duly authorized representative of
each party.

ii. Independent Contractor

The Main Contractor shall be an independent Contractor performing


the Contract. The Contract does not create any agency, partnership,
joint venture or other joint relationship between the parties hereto.
Subject to the provisions of the Contract, the Contractor shall be
solely responsible for the manner in which the Contract is performed.
All employees, representatives or sub-Contractors engaged by the
Contractor in connection with the performance of the Contract shall
be under the complete control of the Main Contractor and shall not
be deemed to be employees of EMPLOYER, and nothing contained in
the Contract or in any subcontract awarded by the Contractor shall
be construed to create any contractual relationship between any
such employees, representatives or subcontractors and EMPLOYER.

1.7 Joint Venture or Consortium

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If the Contractor is a joint venture or consortium of two or more


persons, or firms/companies all such persons or firms shall be jointly
and severally bound to EMPLOYER for the fulfilment of the provisions of
the Contract and shall designate one of such persons or firm to act as a
leader with authority to bind the joint venture or consortium. The
composition or the constitution of the joint venture or consortium shall
not be altered without the prior consent of EMPLOYER.

1.8 Waiver

[AVA-IFM 2.] No relaxation, forbearance, delay or indulgence by either party


in enforcing any of the terms and conditions of the Contract or the
granting of time by either party to the other shall prejudice, affect or
restrict the rights of that party under the Contract, nor shall any waiver
by either party of any breach of Contract operate as waiver of any
subsequent or continuing breach of Contract.
[AVA-IFM 3.] Any waiver of a party's rights, powers or remedies under the
Contract must be in writing, must be dated and signed by an authorized
representative of the party granting such waiver and must specify the
right and the extent to which it is being waived.

1.9 Severability

If any provision or condition of the Contract is prohibited or rendered


invalid or unenforceable, such prohibition, invalidity or un-
enforceability shall not affect the validity or enforceability of any other
provisions and conditions of the Contract.

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2 INTRODUCTION TO WORK

Bids are invited for Supply, Installation, Implementation, & Integration


of Business Intelligence Solution for CRM on Turnkey Basis in
accordance with EMPLOYER Specifications.

The award of the contract shall be on the basis of the technically


/commercially compliant bidders in terms of overall evaluation by
EMPLOYER.

In deciding the award of work to bidder, EMPLOYER will take into


consideration the previous performance of bidder and reserve the right
to reject inadequate performance.

The equipment is to be supplied, installed, configured, tested and


commissioned based on the project milestones.

The prices quoted shall be firm and final throughout the contract
execution period until issuance of FAC.

In case of dispute in interpretation, contradiction and clarification of


clause(s) or any other dispute, the decision of purchaser (EMPLOYER)
shall be final and binding upon the bidder (s).

Commercial Bids must be accompanied by a Bid security of 2% (two


percent) of the total value of the bid on non-judicial stamp paper duly
in accordance with paragraph.

2.1 INSTRUCTIONS FOR BIDDING

“BIDDING DOCUMENTS” means invitation for Bids, and the following:

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.

2.2 LANGUAGE OF BID

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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.

2.3 GENERAL INSTRUCTIONS

 The Bidder is expected to examine all instructions, forms, terms and


specifications in the Bidding Documents. Failure to furnish all
information required by the Bidding Documents or submission of a bid
not substantially responsive to the Bidding Documents in every respect
will be at the Bidder’s risk and may result in the rejection of the Bid.
Technical and commercial compliance to be duly filled in by the bidder)
 The Bidder must submit an original proposal substantially responsive to
the Technical Specifications included in the Bidding Documents. As an
option, the Bidder may submit an alternate proposal that may result in
the same or higher technical performance than that specified in the
bidding documents. The evaluation of the alternate bid is subject to
provision of the bid security of the same. EMPLOYER’s evaluation of
deliverables (equipment, system, services etc.) and tender award
decision shall be based on the original proposal. However, EMPLOYER
may decide to sign the contract on the basis of alternate proposal
submitted by the successful bidder if the main bid has been lowest
evaluated and technically compliant with all the mandatory
requirements stipulated in the Bid Documents.
 The bidder shall state factors which may be taken into consideration to
include, inter alia, the operating cost, the cost of available services and
spares for a two year period of time, the time of completion of
construction or delivery, the payment schedule, the efficiency and
compatibility of the equipment, the reliability of the construction
methods proposed and minor deviations, if any.
 To the extent practicable, these factors shall be expressed in monetary
terms according to the criteria specified in the bidding documents.
 Bids with provision for price escalation on account of currency
fluctuation are not acceptable and shall be rejected.

2.4 FUTURE ORDERS

On demand EMPLOYER shall have the right to order any quantity of


items/material stated on BOQ at any time within the validity of the
contract without change in unit price.

2.5 VARIATION OF QUANTITIES

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 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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3 DOCUMENTS TO BE SUBMITTED

The bid shall comprise the following documents:-

3.1 Volume-I : Commercial Proposal

 The Commercial Proposal of the bid shall comprise the following


documents.

a) Bid Form

The Bidder shall complete the Bid Form furnished in the Bidding
Document.

b) Bid Security

The bidder shall furnish Bid Security in accordance with


respective Clauses of this RFP.

c) Conformity of Goods

The Bidder shall furnish documentary evidence that the clause


‘ORIGIN’ means the place where the good are mined, grown,
produced and, from which the ancillary services are supplied.
Goods are produced when, through manufacturing, processing
or substantial, and major assembling or components, a
commercially recognized products results that substantially
different in basic characteristics or in purpose of the utility from
its components and are eligible Goods and conform to the
Bidding Documents.

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.

e) Commercial Compliance Sheet

The Bidder shall complete the Commercial Compliance Sheet


furnished in the Bid Documents strictly in accordance with the
instructions given in the said Annexure. Following points should
be observed while completing the commercial compliance
statement:

i. A word such as “noted” or any word other than that specified


in the statement shall be considered inadequate and will be
treated as not complied.

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ii. Where a clause is stated to be complied, the bidder may


provide further reference details, but in case of disagreement
between such details and the statement of compliance, then
the statement of compliance shall govern and this 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 shall be ignored.

iii. Where a clause has been stated as not complied or partially


complied, the bidder will provide full details of such deviation
with complete details of any alternative arrangement offered.

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.

v. If certain clause(s)/sub-clause(s) are missed or left unattended


in the commercial compliance statement, such clause(s)/sub-
clause(s) shall be considered as not complied by the bidder.

vi. Failure of providing commercial compliance by the bidder shall


be deemed as sufficient basis of rejection of the bid.

vii. A mandatory requirement denoted by “shall” or “must” that is


to be included in the delivered solution before the project is
complete. No additional cost at some future time must arise
when a particular feature is actually enabled and used.

3.1.2 Volume-II: Technical Proposal

I. Besides compliance to technical specifications (items/details


wise) the proposal
II. shall comprise the following documents as well:
III. Compliance with all clauses of the tender document;
IV. Compliance with the required implementation plan;
V. Compliance with the system requirements, in particular,
performance of the
VI. solution offered;
VII. Commitment and ability of the bidder to meet the deliverables
and implementation
VIII. schedule;
IX. Commitment and capacity to provide continuous and high
quality support services
X. Training program.
XI. Perceived or factual overall cost effectiveness of the System,
maintenance support
XII. Services, Prices
XIII. Company’s profile and technical expertise as follows:
Company history, background
Registered offices and contacts within Pakistan and abroad
Organization

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Management and staff strength


Areas of specialization
Experience in Turnkey Projects of the relevant field
Technical platforms at its disposal
Other projects
References

3.2 FORMAT AND SIGNING OF BID

[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.

3.3 SUBMISSION OF BIDS

3.4 Deadline for the Submission of Bids

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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Submission method of bids

a) Bidders shall make two separate submissions in two sealed envelope.


One sealed envelope will contain the Technical Offer (un-priced bid)
along with specifications and all other technical details ensuring that
the envelope must be marked as “Technical 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.

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.

c) Original 2% bid bond security in the form of bank guarantee should be


attached with commercial bid and a certificate be submitted with
Technical Proposal that the bid bond is prepared and attached with the
Commercial proposal.

d) Both above sealed envelopes must bear EMPLOYER Tender / RFP


reference number ONLY without any other details or name of bidder or
any other reference etc.

e) Both these bids must be submitted in office of undersigned of tender


notice located at Procurement Department, EMPLOYER H/Qs, Sector G-
8/4, Islamabad as advised by EMPLOYER in Invitation to Tender letter.

f) Bids must be received by EMPLOYER on or before the closing date and


time of the said bidding process. Any bid received by EMPLOYER after
the deadline for submission of bids prescribed by EMPLOYER will be
rejected and /or returned un-opened to the bidder.

g) 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.

3.5 MODIFICATION AND WITHDRAWAL

 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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 The Bidder’s modification or withdrawal notice shall be prepared, sealed,


marked and dispatched in accordance with the provisions herein,
withdrawal notice may also be sent by fax but followed by a signed
confirmation copy by post marked and received not later than the
deadline for submission of bids.
 Subject to paragraph 3.3, no bid may be modified subsequent to the
deadline for submission of bids.
 No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Bid Form. Withdrawal of a bid during this
interval may result in the bidder’s forfeiture of its bid security.

3.6 AMENDMENT IN DOCUMENTS

 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.

3.7 CLARIFICATION OF DOCUMENTS

A prospective bidder requiring any clarification of Bidding Documents


may notify EMPLOYER in writing at EMPLOYER’s mailing address
indicated in the Invitation for Bid. EMPLOYER will respond in writing to
any request for clarification of the Bidding Documents, which it receives
not later than (Five) 5 days prior to the deadline for the submission of
bids prescribed by EMPLOYER. Written copies of EMPLOYER’s response to
common queries (including an explanation of the query but without
identifying the source of the inquiry) shall be sent to prospective
bidders, who have purchased the Bidding Documents. Response to all
such queries from EMPLOYER shall be about two 02 days before the
closing date.

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4 COMMERCIAL TERMS

4.1 BID CURRENCY

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.

4.2 BID PRICE

 For offering prices as turnkey projects comprising foreign portion and


local portion the bidder shall quote the prices as per Table I, Table IA and
Table IB.
 For Foreign Portion the bidder shall quote the CFR USD price of imported
Goods as per Table I-A.
 For Local Portion the bidder will quote the DDP PKR price of imported or
local goods and services including all costs and charges including duties,
taxes, insurance, transportation, handling of local Goods, services, local
insurance and transportation and other incidental charges of clearing
and bringing imported Goods from port of destination to site of
installation, paid or payable, as per Table I-B.
 The prices quoted on CFR basis must be firm and final. EMPLOYER will
not take any responsibility for change in taxes and duties structure for
imported Goods outside Pakistan. However, taxes and duties payable at
the time of import are EMPLOYER responsibility and not included in CFR
prices.
 The price of the deliverables offered on DDP basis shall be inclusive of
all duties/taxes and delivery charges up to the final site.
 The bidder shall also mention clearly the levy or exemption of Sales Tax
on the Goods being offered on DDP basis. In case the bidder mentions
the levy of Sales Tax and later on after the supply of Goods claims
exemption, on part or whole, necessary reduction in price for sales tax
amount will be made, up to the extent of claimed exemption, at the time
of payment.
 In case the bidder does not mention the levy or exemption of Sales Tax,
it will be assumed that Sales Tax has been included in the price (if GST
applies on that particular item). Accordingly later on the claim of Sales
Tax exemption will not be entertained and reduction in price for sales tax
amount will be made at the time of payment." For claiming exemption
relevant complete documentary proof should be provided. 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.
 The Price Schedule shall be completed strictly in accordance with the Bill
of Quantities. In case the price schedule is in different format than the
BOQ given in RFP, the bid may be rejected by EMPLOYER. However, if
the bidder desires to explain any item or any item contains sub-items
then those details should be clearly shown as Annex to Price Schedule
and reference to that detail should be given on face of Price Schedule.

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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.

4.3 BID SECURITY.

 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.

4.4 PERIOD OF VALIDITY

 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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5 EVALUATION OF BIDS

5.1 PRELIMINARY EXAMINATION

 EMPLOYER will examine the bids to determine whether ;

 any computational errors have been made


 required sureties have been furnished
 the documents have been properly signed
 the bids are generally in order

 Arithmetical errors will be rectified. If there is a discrepancy between the


unit price and the total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail and the total price shall be
corrected. For clarification, unit price here means pre-sales tax unit
prices.
 If there is a discrepancy between words and figures, the amount in
words will prevail. However, in case of any calculation error rectified by
EMPLOYER, the amount in words will also be rectified.
 Prior to the detailed evaluation, pursuant to paragraph 5.2, EMPLOYER
will determine the substantial responsiveness of each bid to the Bidding
Documents. For this purpose a substantially responsive bid is one which
conforms to the terms and conditions of the Bidding Documents without
material deviations. A material deviation is one which being inconsistent
with the Bidding Documents affects in any substantial way the scope,
quality or prescribed delivery schedule or which limits in any substantial
way, the purchaser’s rights or bidder’s obligation under the contract.
EMPLOYER’s determination of a bid’s responsiveness is to be based on
the contents of the bid itself without recourse to extrinsic evidence.
 A bid determined as substantially non-responsive will be rejected by
EMPLOYER and may not subsequently be made responsive by the Bidder
by correction of the non-conformity.
 EMPLOYER may waive off any minor informality or non-conformity or
deviation, provided such waiver does not prejudice or affect the relative
ranking of any Bidder.
 Disclosure of fact (s) at any stage from bid opening till successful
completion/performance of contract will render the bid, the bidder, the
contract, the Contractor ineligible, had the fact (s) would have been
disclosed at an earlier stage and which would have caused rejection of
the bid, or disqualification of the bidder, or would have resulted in the
termination of contract.

5.2 DETAILED EVALUATION

 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/

 The comparison and evaluation of bids will be on service-wise basis or


any combination of the items in the BOQ as deemed fit by EMPLOYER. In
case of any contradiction between different clauses of the tender, BOQ
will have preference for the purpose of evaluation. In such cases the
decision of EMPLOYER shall be final.

 Technical Evaluation:

The bids shall be first evaluated technically. Technical evaluation will be


based on the conformity to required technical specifications and
compliance matrix specified in the Bidding Documents. Only
technically compliant bids which meet all the mandatory service
effecting requirements will be evaluated commercially

 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

CFR 100 100 100 100


Insurance @1% 1 1 1 1
CIF 101 101 101 101
Landing Charges @1% 1.01 1.01 1.01 1.01
CIF + Landing 102.01 102.01 102.01 102.01
Import Surcharge @1% 0.00 0.00 0.00 0.00
Custom Duty @ 5% 0.00 5.10 5.10 25.50
GST @ 17% 17.34 0.00 0.00 21.68
SED @ 2.5% 0.00 2.55 2.55 2.55
Duty Paid Value 119.35 109.66 109.66 151.74
L.C. Charges @ .01% of
CFR 0.01 0.01 0.01 0.01
Clearing and Other Port
charges 0.94 0.42 0.86 1.19
Sind development
charges @0.83% 0.85 0.00 0.85 0.85

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TENDER NO. Proc .3-2/

Adjustment of landing &


extra insurance -1.910 -1.910 -1.910 -1.910
Landed Price DDP 119.24 108.18 109.47 151.88

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.

5.2..1.5 At the time of commercial evaluation EMPLOYER reserve the right to


re-calculate the landed cost factor if EMPLOYER feel that there is any
change in tariff structure. However, EMPLOYER will pay actual charges
at the time of clearance.

 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/

 The price of optional item will not be included for Commercial


evaluation. However, if such items are mandatory requirements of
EMPLOYER, then these will be loaded to bid and shall become part of
contract price.
 Local Agency Commission (If any).

Bidder shall quote bid prices fully inclusive of agency commission.


Local agency commission for the bid for which a local agent has been
nominated by the bidder shall be taken as inclusive, if not mentioned
in the Bid. Maximum limit for local agency commission is 1%.

 Quality

The Goods shall be of the best quality and field proven.

 ISO CERTIFICATION

In addition to the above factors, manufacturers shall be ISO certified


for quality and standards.

5.3 CLARIFICATIONS

To assist in the examination, evaluation and comparison of bids


EMPLOYER 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 will be sought,
offered or permitted.

5.4 INFLUENCING BID EVALUATION

 Subject to paragraph 5.3, no Bidder shall contact EMPLOYER on any


matter relating to its bid, from the bid opening till the time the contract
is awarded.
 Any effort by a bidder to influence EMPLOYER bid evaluation, bid
comparison or contract award decision may result in the rejection of that
Bidder’s bid.
 The bidder shall be liable to be disqualified in case of applying
extraneous pressures or other unhealthy influences in dealings with
EMPLOYER.
 The bidders found involved in above mentioned or similar non
transparent practice are liable to be black listed and forbidden from
participation in future bidding for 5 years or any other time period
declared by EMPLOYER.

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6 AWARD OF CONTRACT

6.1 AWARD CRITERIA

 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.

6.2 ASSESSMENT OF PERFORMANCE

During evaluation EMPLOYER will check the Software/Hardware and


Engineering features. EMPLOYER reserves the right to reject bid which in
the opinion of EMPLOYER do not meet substantially the system
requirements as specified.

6.3 BID ACCEPTANCE/REJECTION

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.

6.4 NOTIFICATION OF AWARD

 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/

6.5 PERFORMANCE SECURITY

 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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7 CONDITIONS OF CONTRACT

7.1 APPLICABLE LAWS

The Contract shall be construed and governed in accordance with the


laws of the Islamic Republic of Pakistan.

7.2 EXPORT/IMPORT LICENSES

In case of CFR Contract, the Contractor shall be responsible for obtaining


export licenses wherever required. Any delay in shipment caused due to
export license shall not be considered “FORCE MAJEURE”. In case of DDP
contracts, (the local/domestic manufacture or off the shelf supply), the
Contractor shall be responsible for obtaining import licenses as well. Any
delay on this account shall not be considered “FORCE MAJEURE”.

7.3 TAXES AND DUTIES

[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.

For DDP Prices; The Contractor or sub-Contractor shall be responsible


for all taxes including GST, duties, license fees, Insurance, freight
charges, local transportation, handling and other incidental charges etc.
incurred or accrued until the final delivery of the Goods or other
obligations regarding services.

[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/

7.4 GOVERNING LANGUAGE

The contract shall be written in English, which shall govern its


interpretation. All literature, correspondence and other documents
pertaining to the contract which are exchanged by the parties shall be
written in the same language.

7.5 INTELLECTUAL PROPERTY RIGHTS

[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

No official or employee of EMPLOYER shall be admitted to any share or


part of this Contract or to any benefit that may arise there from.

The Contractor declares and affirms that:

a. The Contractor and its shareholders, directors, officers,


employees, and agents have not paid nor undertaken to pay,
any bribe, pay-off, kick-back or unlawful commission. The
Contractor and its shareholders, directors, officers, employees,
and agents have not in any way or manner paid any sums,
whether in Rupees or a foreign currency and whether in Pakistan
or abroad, given or offered to give any such gifts and presents in
Pakistan or abroad, to any official or employee of EMPLOYER or
any other person to procure this Contract. The Contractor
undertakes not to engage in any of these or similar acts during
the term of this Contract.

b. The contract shall be liable for cancellation during any time of


execution if such an act is proved.

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7.7 STANDARDS & SPECIFICATIONS

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.

7.8 CONFIDENTIALITY OF INFORMATION

 The Contractor shall not, without EMPLOYER prior written consent


disclose the Contract, or any provision thereof, or any specification,
plan, drawing, pattern, sample or information furnished by or on behalf
of EMPLOYER in connection therewith, to any person other than a person
employed by the Contractor in the performance of the Contract.
Disclosure to any such employed person shall be made in confidence
and shall extend only as far as may be necessary for purposes of such
performance.
 The Contractor shall not, without EMPLOYER prior written consent, make
use of any documents or information except for purposes of performing
the contract.
 Any documents, other than the Contract itself, shall remain property of
EMPLOYER and shall be returned (in all copies) to EMPLOYER on
completion of the Contractor’s performance under the Contract if so
required by EMPLOYER.

7.9 EVIDENCE OF RELIABILITY

Contractor shall also provide convincing evidence of reliability of Goods,


equipment and system characteristics to afford a basis of evaluating the
maintenance requirements and to assess maintenance cost that will be
required to ensure continued operation in accordance with specified
performance reliability requirements.

7.10 QUALITY

The materials and workmanship of the supplied Goods provided under


the contract must be of the best quality and free from all defects.

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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.

7.12 RESPONSIBILITIES AND OBLIGATIONS

[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.

7.13 ASSIGNMENT & SUB-CONTRACTS

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.

7.14 CHANGE OF ORDER

 EMPLOYER may at any time, by written order given to the Contractor,


make change within the general scope of the contract in any one or
more of the following:
7.14..1 Drawings, designs or specifications, where Goods to be furnished
under the contract are to be specifically manufactured for EMPLOYER.
7.14..2 The method of shipment or packing.
7.14..3 The place of delivery;
7.14..4 The services to be provided by the Contractor.
7.14..5 Increase or decrease either quantity or price of contract works by
15%. (This may also be in the shape of repeat order after successful
completion of contract without any change in unit prices.)
 If any such change causes an increase or decrease in the cost of or the
time required for the Contractor’s performance of any part of the work
under the contract, whether changed or not changed by the order, an
equitable adjustment shall be made in the contract price or delivery
schedule, or both, and the contract shall accordingly be amended.
 Any claims by the Contractor for adjustment under this paragraph must
be asserted within fifteen (15) days from the date of Contractor’s receipt
of EMPLOYER changed order. Equitable adjustment shall be such that
unit rate does not increase from original contracted rate.
 Any changes to the project milestones as defined in Bid Documents
must go through a formal change control process as defined in the Bid
Documents and be approved by both the Contractor and EMPLOYER.

7.15 CONTRACT AMENDMENTS

No variation in or modification of the terms of the Contract shall be


made except by written amendment signed by the parties.

7.16 DELIVERY

 Contract works/deliverables shall be made by the Contractor in


accordance with the terms specified by EMPLOYER in the RFP and the
condition of contracts and Goods/equipment shall remain at the risk of
the Contractor until the system is commissioned into the service.

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Deliverables must be delivered according to the milestones. Quote the


minimum possible time for delivery & Installation, Implementation,
Integration of Business Intelligence Solution for CRM on Turnkey
Basis from the date of signing of contract.
 Time is of essence in completion of the project, Failure to meet
these milestones may result in EMPLOYER applying liquidated
damages.
 Delivery shall be deemed to have been made:

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.

In case of (DDP), when Goods have been delivered to the consignee at


designated sites and the documents mentioned in the contract have
been furnished to EMPLOYER. Seller bears all costs and charges including
delivery, transportation, insurance, taxes and all other incidental
charges for bringing the Goods to project site.

7.17 DOCUMENTS

Documents for Imported Goods (CFR Basis).


Upon shipment, the Contractor shall notify EMPLOYER and the Insurance Company by
cable or electronic communication telex the full details of the shipment including contract
number, description of Goods, quantity, the vessel, the bill of lading number and date, port
of loading, date of shipment, port of discharge, etc. The Contractor shall mail the following
shipping 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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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.

CONSIGNEE (for CFR Goods):-

Senior Manager (Material & Logistics), Karachi / Ultimate Consignee


Project Director

 Documents for Domestic Goods (local component)

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7.17..1 Copies of the Contractor’s invoice(s) showing Goods description,


quantity, unit price, total amount & valid for refund of GST.
7.17..2 Delivery note/railway receipt/truck receipt;
7.17..3 Manufacturer’s / Contractor’s warranty certificate.
7.17..4 Inspection Certificate Issued by the EMPLOYER nominated Inspection
team/agency, and the Contractor’s factory inspection report; and
7.17..5 Certificate of origin.
7.17..6 The Copies of the documents described in 8.3 shall be submitted to
the consignees, Senior Manager (CWIP&P)/ACAO (L/C) and GM-
Contracts Turnkey (SW & IT).
7.17..7 Consignee's Good Receipt Certificate/Voucher.
7.17..8 GST invoice
7.17..9 Proof of GST payment
7.17..10 Receipt of copy of performance bond duly verified by SM Contracts Turnkey
(Switching & IT), in case of first payment under the contract.

7.18 INSURANCE

 The local component of the Goods/equipment shall be fully insured by


the Contractor in a freely convertible currency against loss or
damage incidental to manufacture or acquisition, transportation,
storage, delivery, installation and commissioning in the manner
specified in this section of Conditions of Contract.
 For CFR Goods; All the imported Goods supplied under the contract
shall be insured by EMPLOYER until cleared from the port against loss
or damage incidental to transportation, storage and delivery in the
manner specified in the conditions of contract. After clearance of
goods from port by EMPLOYER goods will be handed over to
contractor to deliver at final destination (being turnkey project). Local
insurance charges for imported goods shall be the responsibility of
the contractor and included in the price.
 All Goods including imported goods shall remain insured till the issuance
of PAC by the Contractor covering all risks including but not limited to
theft, pilferage, damage, deterioration, breakage etc.
 PACKING & MARKING
7.18..1 The Contractor shall provide such packing of the Goods & equipment
as is required to prevent damage or deterioration during transit to their
final destination as indicated in the contract.
7.18..2 The packing shall be of sufficient strength to withstand, without
limitation, rough handling during transit and exposure to extreme
temperature, salt and precipitation during transit and upon storage.
7.18..3 Packing case size and weight shall take into consideration, where
appropriate, the remoteness of the Goods final destination and the
absence of heavy handling facilities at all points in transit. In case of
any damage to the materials due to in secure and /or improper
packing, resulting on account of normal handling, the Contractor shall
make good such damages free of charge to EMPLOYER.
7.18..4 The packing, marking and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the contract or any subsequent
instructions by EMPLOYER.

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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

The transportation charges of all Goods including imported Goods up to


the final destination / site of installation as specified in the contract shall
be arranged and paid for by the Contractor, and the cost thereof shall be
included in the Contract price.

7.20 TESTING OF GOODS

The Contractor shall provide documentary evidence with regards to


quality and standards for using the raw material used for manufacturing
of Goods.

7.21 INSPECTION AND TESTS

 EMPLOYER reserves the right to be present and participate in any test(s)


carried out on all or any part of the Goods and to insist on any test
which EMPLOYER may deem necessary.
 EMPLOYER or its representative shall have the right to inspect and/or to
test the Goods to ensure conformity to the Contract specification as
defined in the Bid Documents.
 The conditions of the contract and/or the Technical Specifications shall
specify what inspections and test EMPLOYER requires and where they
are to be conducted. EMPLOYER shall notify the Contractor in writing of
the identity of any representatives entrusted for this purpose.
 Should any inspected or tested Goods fail to conform to the
specifications, EMPLOYER may reject them and the Contractor shall
either replace the rejected Goods or make alterations necessary to meet
specification requirements free of cost to EMPLOYER.
 EMPLOYER right to inspect, test and where necessary, reject the Goods
after arrival in Pakistan shall in no way be limited or waived by reason of
the Goods having previously been inspected, tested and passed by
EMPLOYER or its representative prior to the good’s shipment from the
country of origin.
 In the event of any irregularity in test reports, specifications and/or
packing as found by EMPLOYER authorized Inspector, the Contractor
shall immediately upon the Inspector’s notification make necessary
modifications, repair, and/or even remanufacture prior to delivery of the
supplies ex-factory for shipment.
 Following inspection procedures and tests are required by EMPLOYER;

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7.21..1 The Contractor will notify EMPLOYER and its authorized


representatives of the shipment and installation of good based on
the agreed project milestones.
7.21..2 EMPLOYER authorized inspector shall have the authority to reject
any supplies or lots/portion of supplies, which are found to be
defective in material or workmanship or otherwise not in
conformity with the requirements of the contract.
7.21..3 In the event EMPLOYER inspector rejects any Goods, the
Contractor shall furnish additional quantities for inspection and
approval in lieu of the Goods rejected, if requested to do so by
EMPLOYER or his authorized inspector. If rejection is made at a
point other than the Contractor’s premises the Contractor shall
promptly upon request from EMPLOYER remove the rejected Goods
at the Contractor’s expenses.
7.21..4 EMPLOYER independent inspection or waiver thereof does not
relieve the Contractor from responsibility to furnish Goods in
conformity with contract requirement and free of all defects.

7.22 PROOF OF PERFORMANCE

 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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7.23 ACCEPTANCE TESTING

 Acceptance testing of the equipment shall be done by EMPLOYER under


supervision of the Contractor. The Contractor will supply the necessary
testing equipment at Contractor’s cost if required.
 EMPLOYER will provide test equipment tools if available. In the bid, testing
equipment/tests and test procedures should be clearly specified. Testing of
the system shall be in accordance with latest ISO, ITU-T and IEEE / ANSI
recommendations or the technical specifications provided in the Bid
Documents or the Contractor’s offer which-ever is higher.
 All test equipment/tools required and which are not available with
EMPLOYER, will be provided by the Contractor without any additional cost to
EMPLOYER.
 On conclusion of acceptance testing, if the Contractor intends to export the
test equipment/tools back from Pakistan, he should indicate so clearly in his
bid.
 Upon the successful completion of the acceptance tests a Provisional
Acceptance Certificate (PAC) will be issued by EMPLOYER.

7.24 FINAL ACCEPTANCE CERTIFICATE:

The Final Acceptance certificate will be issued subject to the following;

 “Twenty Four (24) months of satisfactory operation/performance after


Provisional Acceptance Certificate, replacement of defective parts and
materials and removal of all discrepancies and fulfilment of any
obligations including warranty and/or penalties etc”.

7.25 REMOVAL OF DEFECTS

 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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TENDER NO. Proc .3-2/

7.25..1 If it is reasonably practicable for a defective part to be returned to


the Contractor and the Contractor shall call for its return,
EMPLOYER or his authorized representative shall cause it to be
returned to the Contractor freight collect and the defective part
shall become the property of the Contractor.
7.25..2 If any such defects as aforesaid be not made good within fifteen
(15) days EMPLOYER may proceed to do the work at the
Contractor's risk and expense.

7.26 TRAINING

[AVA-IFM 14.] LOCAL TRAINING

The Contractor shall execute sufficient training for local EMPLOYER


engineers. Complete proposal of the training courses and its duration
covering Operation, Maintenance, Diagnostic, Testing Measurements
and Repairs. Local Training along with material, stationary & literature
will be arranged by the Contractor free of cost. If training price is not
mentioned separately then it will be considered free of cost (FOC).

[AVA-IFM 15.] The training language shall be English.

[AVA-IFM 16.] Training manual shall be delivered to all participants during the training.

[AVA-IFM 17.] The training shall be conducted as in-house training at vendor’s


premises. Vendor will provide the training room, presentation facilities, travelling,
accommodation and all other related necessities to conduct the training.

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8 PAYMENTS

8.1 METHOD, CONDITION & SCHEDULE OF PAYMENT:

The method, conditions and schedule of payments as mentioned in the following


clauses shall be applicable.
 Payments for the foreign component (CFR) will be made in US$ and for the
local component (DDP) in Pak Rupees.

 For payment in foreign currency, EMPLOYER shall establish an irrevocable


offshore letter of credit in favour of the Contractor. EMPLOYER will pay the
L/C opening charges but in case of confirmation the Contractor will pay
such confirmation charges. If L/C is extended due to the fault of the
Contractor then such extension shall be born by the Contractor.

 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.

 EMPLOYER shall make prompt payment as per “Schedule of Payment”,


within thirty days of submission of an invoice / claim by the Contractor
subject to availability of pre requisite documents specified under the
contract and adjustment of penalty (if any) on account of late delivery
and/or defective Goods replacement after confirmation from Senior
Manager (Contracts Turnkey Switching & IT-II).

 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.

 EMPLOYER shall be the “importer of Goods” and promptly execute all


documentation and pay custom duty and income tax subject to provision of
requisite documentations and calculations by the Contractor levied on the
equipment and software by the custom authorities upon their arrival in
Pakistan. Contractor shall pay any other cost of clearance through customs
and clear the equipment and software with EMPLOYER assistance and
handle all matters relating to the custom, Central Board of Revenue and
Central Excise.

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8.1 SCHEDULE OF PAYMENTS

Payments against the entire Contract will be made by EMPLOYER based


on the Contractor’s ability to meet payment milestones as defined in
the Bid Documents in the following manner. However, terms of
payment will be finalized at the time of negotiations/signing of
contract:

 For Supply of Equipments:

 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

 For Installation, Testing, Commissioning and Professional Services;

 60% of amount of services shall be paid when equipment is offered for


Acceptance Testing.

 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

 For Training Services

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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9 DUTIES & RESPONSIBILITIES

9.1 CONTRACTOR’S NEGLIGENCE

The Contractor shall indemnify EMPLOYER in respect of all injury or


damage to any person or to any property and against all actions, suits,
claims, demands, charges and expenses arising in connection herewith
which shall be occasioned by the negligence or breach of statutory
duty of the Contractor, any sub-Contractor before or after, the whole of
the project has been finally accepted.

9.2 DELAYS IN PERFORMANCE

 Delivery of the Goods shall be made by the Contractor in accordance


with the project plan.
 Time is of essence in completion of the project, all timelines/milestones
are to be strictly adhered to, Any unexcused delay by the Contractor in
performance of its delivery/project completion obligations shall render
the Contractor liable to pay any or all damages, charges of the Goods
and performance of services or termination of the Contract, the
Contractor shall promptly notify EMPLOYER in writing of the fact of the
delay, it’s likely duration and its causes.

9.3 CONTRACTOR’S DEFAULT

 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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9.4 AMICABLE SETTLEMENT

 The Contract will be construed under and governed by THE LAWS OF


THE ISLAMIC REPUBLIC OF PAKISTAN.
 EMPLOYER and the Contractor shall make every effort to resolve
amicably by direct informal negotiation any disagreement or dispute
arising between them under or in connection with the Contract.
 Except as otherwise provided in the contract, any difference, dispute or
question arising out of or with reference to the contract which cannot be
settled amicably shall, within (30) thirty days from the date that either
party informs the other in writing that such difference, dispute or
question exists, be referred to arbitration.
 Within 30 days of the aforesaid notice, both parties shall nominate and
agree upon a sole arbitrator for commencement of the arbitration
proceedings.
 The arbitration shall be conducted in accordance with the rules and
procedure set forth in the Pakistan Arbitration Act 1940 (as amended).
The arbitration Tribunal shall have its seat in Islamabad, Pakistan.
 The award of the arbitrator shall be final and binding on both parties.
 The cost of the arbitrator shall be borne equally by both parties.
 In the event of an arbitrator resigning or becoming incapable or unable
to act, the parties shall nominate and agree on a replacement within two
weeks of such an event. Proceeding shall continue without
recommencing as if such arbitrator had been originally nominated.

9.5 FORCE MAJEURE

 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.

Page: 46 / 60
TENDER NO. Proc .3-2/

 Neither party shall be responsible for delay caused by Force Majeure.


The terms “Force Majeure” as used herein shall mean Acts of God,
strikes, lockouts or other industrial disturbance, act of public enemy,
war, blockages, insurrections, riots, epidemics, landslides, earthquakes,
fires, storms, lightning, flood, washouts, civil disturbances, explosion,
Governmental Export/Import Restrictions (to be supported by a letter
from the relevant Authority and verified by the Diplomatic Mission in
Pakistan), Government actions/restrictions due to economic and
financial hardships, change of priorities and any other cause similar to
the kind herein enumerated or of equivalent effect, not within the
control of either party and which by the exercise of due care and
diligence either party is unable to overcome. The term of this Contract
shall be extended for such period of time as may be necessary to
complete the work which might have been accomplished but for such
suspension.
 If either party is permanently prevented wholly or in part by Force
Majeure for period exceeding one (01) month from performing or
accepting performance, the party concerned shall have the right to
terminate this contract immediately giving notice with full particulars for
such Force Majeure in writing to the other party, and in such event, the
other party shall be entitled to compensation for an amount to be fixed
by negotiations and mutual agreement.
 If a Force Majeure situation arises, the Contractor shall promptly notify
EMPLOYER in writing of such conditions and the cause thereof. Unless
otherwise directed by EMPLOYER in writing, the Contractor shall
continue to perform its obligations under the contract as far as is
reasonably practicable, and shall seek all reasonable alternative means
for performance not prevented by the Force Majeure event.

9.6 INDEMNIFICATION

 Contractor shall indemnify and save harmless EMPLOYER from and


against all losses and all claims, demands, payments, suits, actions,
recoveries and judgment of every nature and description made and
related cost and expenses brought or recovered against the EMPLOYER
related to the work done under this Contract, by reasons of any act,
omission to act or status of liability of Contractor or its agents or
employees. Contractor agrees to give EMPLOYER prompt notice of any
possible liability.

Page: 47 / 60
TENDER NO. Proc .3-2/

10 TERMINATION OF CONTRACT

10.1 TERMINATION OF CONTRACT FOR DEFAULT

 EMPLOYER may, without prejudice to any other remedy for breach of


contract, by written notice of default sent to the Contractor terminate
this contract in whole or in part;
 If the Contractor fails to deliver any or all of the Goods within the time
period’s specified in the Contract or any extension thereof granted by
EMPLOYER, or
 If the Contractor fails to perform any other obligation under the
Contract; and
 If the Contractor, in either of the above circumstances, does not cure its
failure within a period of fifteen (15) days (or such longer period as
EMPLOYER may authorize in writing) after receipt of the default notice
from EMPLOYER
 In the event EMPLOYER terminates the contract in whole or in part,
EMPLOYER may procure, upon such terms and in such manner as it
deems appropriate, Goods and services similar to those undelivered,
and the Contractor shall be liable to EMPLOYER for any excess costs for
such similar Goods and services. However, the Contractor shall continue
performance of the contract to the extent not terminated.

10.2 TERMINATION FOR INSOLVENCY

 Without prejudice or affecting of any right action or remedy which has


accrued or will accrue there-after to EMPLOYER, EMPLOYER may at any
time terminate the Contract by giving written notice to the Contractor,
without compensation to the Contractor if the Contractor becomes
bankrupt, insolvent, enters into winding up whether voluntary or
compulsory. Such termination shall not prejudice or affect any other
right of action or remedy which has accrued or will accrue to EMPLOYER
thereafter.

10.3 TERMINATION FOR CONVENIENCE

 EMPLOYER may by written notice sent to the Contractor terminate the


contract in whole or in part at any time for its convenience. The notice of
termination shall specify that termination is for EMPLOYER convenience,
the extent to which performance of work under the contract is
terminated, and the date upon which such termination becomes
effective.

10.4 LIQUIDATED DAMAGES

 Subject to Clause 9.5 (Force Majeure), if Contractor fails to deliver any or


all of the Goods/equipment or perform the services in accordance with
the delivery milestones specified in the Contract, EMPLOYER, without
prejudice to its other remedies under the contract, shall have the right
to terminate the contract forthwith or claim liquidated damages.

Page: 48 / 60
TENDER NO. Proc .3-2/

 The Contractor shall pay to EMPLOYER as liquidated damages with


respect to those delays in delivering the delivery milestones as defined
in the Bid Documents. For each delayed milestone damages shall be
charged at 1% week for the delayed goods or services up to a maximum
of 10% of total contract value. Once the maximum is reached,
EMPLOYER shall forthwith terminate the Contract.
 The value of all Goods or part supply of Goods made which are
incomplete and therefore not utilized by EMPLOYER in its operations
shall also be added for the purpose of liquidated damages. Any
liquidated damages if not paid in cash by Contractor shall be deducted
from the invoice (s) submitted by Contractor. The imposition of
liquidated damages upon the Contractor and its payment shall not
absolve the Contractor from its obligations to deliver or from any other
liabilities or obligations under the Contract.

11. EFFECTIVE DATE OF CONTRACT

This Contract shall become effective upon signing by both Parties.

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.

12.2 A notice shall be effective when delivered or on the notice’s


effective date, whichever is later

12.3 Notices mailed or sent by post mail or courier shall be deemed


to have been delivered by the addressee on the seventh
calendar day following the mailing or sending thereof.
Notices sent by facsimile or electronic mail should be deemed to
have been delivered when the delivery confirmation is received.
Any notice of change of address shall be deemed to have been
received only when actually received.

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:-

GENERAL MANAGER/CONTRACTS-TURNKEY (SW & IT),


EMPLOYER HEADQUARTRERS, G-8/4, ISLAMABAD
TEL: +92-51-2253761 FAX: +92-51-2253014

Contractor:__________________________________

Page: 49 / 60
TENDER NO. Proc .3-2/

BID FORM

To,

Pakistan Telecommunication
Company Limited, Headquarters,
G-8/4, Islamabad.

ATT: General Manager/Contracts-Turnkey (Switching & IT)

Dear Sir,

Having examined the conditions of contract and specifications including


Addenda Nos. (__________) the receipt of which is hereby duly acknowledged, we the
undersigned, offer to manufacture and supply in accordance with the conditions of
contract and specifications for the sum of (Total Bid amount for Goods and services
in words and figures) or such other sums as may be ascertained in accordance with
the schedule of prices attached herewith and made part of this bid.

We undertake, if our bid is accepted, to complete the delivery of Goods as


specified in the contract within the implementation schedule effective from the date
of signing of Contract.

If our bid is accepted we will furnish the performance guarantee in a sum of


(____________) equal to 10% percent of the contract sum for the due and faithful
performance of the contract.

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.

Page: 50 / 60
TENDER NO. Proc .3-2/

FORM FOR BID SECURITY

Bank Guarantee No.-----------


Dated at Islamabad, the ----------

To,

PAKISTAN TELECOMMUNICATION
COMPANY LIMITED, HEADQUARTERS,
G-8/4, ISLAMABAD

Dear Sir,

WHEREAS M/S _____________ (hereinafter called the Tenderer) have


requested us, ___________ Bank Ltd., to furnish Bid Security by way of Bank
Guarantee in your favour in the sum of __________________ (IN FIGURE) ___________
(IN WORDS) against your Tender Notice No. Pur._________ dated for supply of Goods.

WE HEREBY AGREE AND UNDERTAKE:

i. To make unconditional payment _________ to you on demand without further


question or reference to the Tenderer in case of withdrawal or modification of bid or
any default or non-execution of the contract or refusal to accept order by the
Tenderer from the date of opening of bids until the expiry of the validity of their
offer,

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,

Name of the Bank:_______________


Signature:______________________

Page: 51 / 60
TENDER NO. Proc .3-2/

PERFORMANCE SECURITY FORM

FROM: _____________________
_____________________
_____________________

TO, PAKISTAN TELECOMMUNICATION


COMPANY LIMITED HEADQUARTERS,
G-8/4, ISLAMABAD

SUBJECT: B/G AND DATE FOR _______________ ON BEHALF OF __________FOR DUE AND
FAITHFUL PERFORMANCE CONTRACT NO. PUR________________ DATED_______________.

Whereas M/S______________________(hereinafter called the Contractor)


have requested us to furnish a Bank Guarantee in your favour in the
sum_____________(IN WORDS) _________________________as performance security against
Contract /Agreement No.Pur._____________dated____________to be concluded between the
Contractor and Pakistan Telecommunication Company Limited Islamabad.

WE HEREBY AGREE:

1). To make an un-conditional payment of __________ to you on demand


without any further question or reference to the Contractor upon failure of the
Contractor to perform the Contract on which you will be the sole judge.

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.

3). To extend the period of the enforceability of this guarantee if such


extension be necessary due to late issuance of FAC or desired by you of us. All claims
there under must be submitted to the Bank of________on or before the expiry date
mentioned in this guarantee or the date mentioned in its extensions issued from time to
time, after which this guarantee will become null and void and should be returned to
us. Irrespective of its return, we shall consider ourselves fully discharged from any
obligation there under after the said expiry date.

Dated This [] Day of [month], 2009

Signature:________________________
A Person Authorized To Sign Contract on
Behalf.

Witness: ______________________ ______________________________


______________________ ______________________________
Sworn & Sign before me
On this [ ] day of.... 2009.......
by______________________

Page: 52 / 60
TENDER NO. Proc .3-2/

CONTRACT FORM

NO. PUR. ------------------------------

THIS CONTRACT is made at Islamabad on this ________ day of __________2009_

By and between:

Pakistan Telecommunication Company Limited, incorporated in December


1995 under section 146 (C) OF THE COMPANIES ORDINANCE, 1984 (XL VII of 1984)
with Registrar of Companies Corporate Law Authority, Government of Pakistan with
its Offices at EMPLOYER Headquarters, G-8/4, Islamabad, PAKISTAN (hereinafter
referred to as ‘EMPLOYER’ which expression shall be deemed to include its
successors-in-interest and assigns) of The One part,

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.

WHEREAS EMPLOYER desires to procure Goods as per Annexure, along with


other allied facilities as defined in the Scope of Work vide Tender No.
Pur.-------------------------------------------opened on--------------------------.

AND WHEREAS, Contractor made its offer No.


-----------------------------Dated------------ and all subsequent clarifications from the date
of submission of the offer upto the date of signing of the Contract.

AND WHEREAS, EMPLOYER accepted the offer of the Contractor, subject to


conditions as have been defined in the Letter of Intent issued to the Contractor vide
Telex / Letter No. Pur.-----------------------------------------dated-------------------.

NOW THEREFORE, this Contract witnesses that in consideration of the


promises, covenants and contained, to be performed by EMPLOYER and the
Contractor, the Parties covenant and agree as under:

1. In consideration of the covenants and agreements to be kept and performed


by the Contractor, and for the faithful performance of this Contract, and for the
supply of Goods and services as defined in the contract documents and its
appendices, EMPLOYER shall pay and the Contractor shall receive and accept as full
compensation for everything furnished and done by the Contractor under this
Contract, the Contract Price at the time and in the manner prescribed in the
contract.

2. That in consideration of the payment to be made to the Contractor by


EMPLOYER, the Contractor hereby covenants with EMPLOYER for itself, its legal
representatives, successors and assigns that they shall do and perform all acts and
things in the contract mentioned or described or which are to be implied there-from

Page: 53 / 60
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.

3. That in consideration of the due performance of the contract as aforesaid,


EMPLOYER hereby covenants with the Contractor for itself, its legal representative,
successors and assigns that they will pay to the Contractor for contract price such
other sum as may become payable to the Contractor under the provisions of the
contract at such time and in such a manner as provided in the contract.

IN WITNESS WHEREOF, the Parties hereto executed this Contract as of the


day and year and at the respective place of business herein above set forth and
have set their hand below:

------------------------------------------ SEVP (P&A /HR),


----------------------------------------- EMPLOYER HEADQUARTERS,
----------------------------------------- ISLAMABAD

WITNESS

----------------------------------------- EVP(PROC.)
------------------------------------ EMPLOYER HEADQUARTERS,
----------------------------------------- ISLAMABAD

Page: 54 / 60
TENDER NO. Proc .3-2/

COMMERCIAL / TECHNICAL COMPLIANCE SHEET

(Separate Sheets)

(CLAUSE / SUB- COMPLIANCE REMARKS


CLAUSE)
1 2 3

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:

Column-1 : For specifying the clause number to which


the information in column 2 and 3 applies.

Column-2 : For stating whether the tender's offered


terms and conditions conforms to the
clause in column-1 by using one of the
following symbols.

A) : The tender's offered terms and condition


fully conforms to the clause in column-1.

B) : The tender's offered terms and conditions


do not fully conform to the clause in
column-1.

Column-3 : State the alternative only if the Symbol B


has been used in Column-2. The benefit
which EMPLOYER will have, if such
alternative is accepted, must be stated.

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.

A word such as "noted" is inadequate and will be treated as not complied.

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

Page: 55 / 60
TENDER NO. Proc .3-2/

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.

If a certain clause(s)/sub-clause(s) are missed or left unattended in commercial


compliance sheet such clause(s) or sub-clauses would be considered as not
complied.

Failure to provide commercial compliance will be deemed sufficient cause of


rejection of bid and will be major deviation.

Page: 56 / 60
TENDER NO. Proc .3-2/

PRICE SCHEDULE TABLE-I

FOR PRICES QUOTED ON FOREIGN PORTION ON CFR BASIS IN US $ AND LOCAL


PORTION IN PAK RUPEES

TOTAL BID PRICE SUMMARY

S. DESCRIPTION FOREIGN PORTION LOCAL TOTAL


NO. (CFR) PORTION (PKR)
(DDP PKR)

US $ Equivalent
(PKR)
1. Equipment
2. Software
3. Services (as % to
equipment and
software price)
GRAND TOTAL

Total bid price (PKR) ________________________

Signature of the bidder_______________________

Discount, if any, shall be clearly shown in price schedule. Discounts showed


anywhere else except price schedule will not be considered.

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.

Page: 57 / 60
TENDER NO. Proc .3-2/

PRICE SCHEDULE TABLE-I-A

FOR PRICES QUOTED ON FOREIGN PORTION ON CFR BASIS

DETAILED BOQ ITEM WISE

IMPORTED GOODS TO BE SUPPLIED ON CFR BASIS

S. Item Item Description Qty Foreign Portion


NO. CODE/ (CFR) USD
referenc
e No
Unit Total
Price Price
USD USD

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:_____________

(Seal of the bidding company)

Page: 58 / 60
TENDER NO. Proc .3-2/

PRICE SCHEDULE TABLE-I-B

FOR PRICES QUOTED IN DDP PAK RUPEES

DETAIL BOQ ITEM WISE


Item Qty Local Portion (DDP PKR)
S. Descripti
No. on
Clearing , Unit Price PKR Sub Total
Delivery Total PKR
Charges of PKR
Imported
Goods
from Port
to Site
PKR
Unit Sales Unit
Price Tax Price
without PKR Includi
GST PKR ng GST
PKR

M/s______________________
Full address: _____________
Tel & Fax Nos:_____________

(Seal of the bidding company)

Page: 59 / 60
TENDER NO. Proc .3-2/

List of Annexure

5. Scope of Work
6. BOQ (Bill of Quantity)
7. Technical Specifications
8. Technical Criteria

Page: 60 / 60

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