SECURITIES AND EXCHANGE

COMMISSION OF PAKISTAN

T# 38/23-24
Invitation to Bid

The Securities & Exchange Commission of Pakistan (SECP) invites bids for the following:-

1. Hiring of Training Services for Graduate Trainee Program - T#38(i)/23-24

Executive Development Centers (EDCs) associated with public sector-chartered universities

based in Islamabad, imparting education in various disciplines and recognized by HEC, are
eligible to submit their bids.

2. Procurement for Subscription of Watch-Lists Screening Software - T#38(ii)/23-24

Authorized service providers/principal’s authorized dealers / distributors / partners / resellers

based in Pakistan having readily available watch-lists screening software that conforms to the
international best practices, and which can be modified to meet the specific requirements of the
SECP to screen individuals and entities, are eligible to submit their bids.

Bidding document containing detailed terms and conditions, method of procurement, procedure for
submission of bids, bid security, bid validity, opening of bid, evaluation criteria,
clarification/rejection of bids etc. against above requirements are available for the interested bidders
from the undersigned free of cost and can also be downloaded from
https://www.secp.gov.pk/procurement/ OR https://eprocure.gov.pk/

Bidders must be registered with the Federal Board of Revenue/Respective Revenue Boards for
Income Tax and Sales Tax and must also be on the Active Taxpayers List.

Important: The bids should only be submitted through PPRA’s e-Pak Acquisition & Disposal
System (EPADS) i.e. https://eprocure.gov.pk/ on or before May 09, 2024 by 1100Hrs and will be
opened on the same day at 1130Hrs. (for any technical difficulty in using EPADS, prospective
bidders may contact PPRA at https://www.ppra.org.pk/)

In case of any query, Admin Department may be contacted on Telephone Nos.

051-9195477 and 051-9195437 during office hours (Monday to Friday excluding public holidays)

Arshad Kamal, Additional Director (Admin)

NICL Building, 63 Jinnah Avenue, Blue Area Islamabad
NATIONAL STANDARD BIDDING
DOCUMENTS
Procurement for Subscription of Watch-
Lists Screening Software

(Single Stage Two Envelop Procedure)

(National Competitive Bidding)

Securities and Exchange Commission of

Pakistan

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 Standard Bidding Documents for
Procurement of General Goods
PART-A – BIDDING PROCEDURE & REQUIREMENTS

Section I - Invitation to Bids

Section II- Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their Bids.
Information is also provided on the submission, opening, and evaluation
of Bids and on the award of Contracts. This Section contains provisions
that are to be used without modifications.
Section III- Bid Data Sheet (BDS)
This Section includes provisions specific to procurement and to
supplement Section-II, Instructions to Bidders. This section may be
customized where option is available, in accordance with the
requirements of the Procuring Agency.
Section IV - Eligible Countries
This Section contains information regarding eligible countries.
Section V - Technical Specifications, Schedule of Requirements
This Section includes the details of specifications for the goods to be
procured and schedule of requirements.
Section VI - Standard Forms
This Section includes the standard forms for the Bid Submission, Price
Schedules, and Bid Security etc. These forms are to be completed and
submitted by the Bidder as part of its Bid.

PART-B – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII - General Conditions of Contract (GCC)

This Section includes the general clauses to be applied in all the
contracts. This Section contains provisions that are to be used without
modifications.
Section VIII - Special Conditions of Contract (SCC)
This Section consists of Contract Data and Specific Provisions which
contains clauses specific to this contract. This section may be customized
where option is available, in accordance with the requirements of the
Procuring Agency.

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Section IX - Contract Forms
This Section contains forms which, once completed, will become part of
the Contract. The forms for Performance Security will be submitted by
the successful bidder to whom Letter of Acceptance is issued, before the
award of contract.
Integrity Pact
The successful bidder shall be required to furnish Integrity Pact as per the
attached format.

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 PART-A
BIDDING PROCEDURE & REQUIREMENTS

SECTION I: INVITATION TO BIDS

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 Securities and Exchange Commission of Pakistan (SECP)

Bid No. T#38(ii)/23-24

For

Procurement for Subscription of Watch-

Lists Screening Software

Invitation to Bids

Date: April 23, 2024

1. This Invitation to Bids follows the Procurement Notice (PN) T#38(ii)/23-24 for
the subject Project/Procurement which appeared on PPRA Website and two daily
newspapers.

2. The Procuring Agency has reserved the funds for the procurement planned during
the financial year 23-24. It is intended that part of the proceeds of the fund will be
used to cover eligible payment under the contract for the Procurement for
Subscription of Watch-Lists Screening Software.

3. The SECP now invites sealed bids from eligible Suppliers for Procurement for
Subscription of Watch-Lists Screening Software.

4. The bidding shall be conducted in line with the Single Stage Two Envelop
procedure of the Public Procurement Rules 2004 and any Regulations, Regulatory
Guides, Procurement Guidelines or Instructions issued by the Authority (from
time to time), and is open to all potential bidders.

5. All bids must be accompanied by a Bid Security in an acceptable form in the

amount of Rs.100,000. The ORIGINAL Bid Security must be submitted to the
procuring agency any time before the closing time of bid submission failing which
the bid shall be rejected.

6. The original bid, properly filled in, must be submitted ONLY through e-Pak
Acquisition & Disposal System (EPADS) at or before 1100Hrs on May 09, 2024. The
bids (or technical part of the bids as the case may be) will be opened promptly
thereafter in public and in the presence of bidders’ representatives who choose to
attend in the opening at the Securities and Exchange Commission of Pakistan (SECP),
NICL Building, Jinnah Avenue, Blue Area, Islamabad .

M. Ubaidullah Khalid, Additional Joint Director (Admin)

Securities and Exchange Commission of Pakistan (SECP),
4th Floor NICL Building, Jinnah Avenue, Blue Area,
Islamabad.

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 Contents
PREFACE ....................................................................................................................................................3
Invitation to Bids .......................................................................................................................................7
SECTION II: INSTRUCTION TO BIDDERS (ITBs) .................................................................... 11
A. INTRODUCTION .................................................................................................................... 12
B. BIDDING DOCUMENTS ........................................................................................................ 16
C. PREPARATION OF BIDS ....................................................................................................... 18
D. SUBMISSION OF BIDS ............................................................................................................ 30
E. OPENING AND EVALUATION OF BIDS ........................................................................... 32
F. AWARD OF CONTRACT ........................................................................................................ 48
F. GRIEVANCE REDRESSAL & COMPLAINT REVIEW MECHANISM ............................ 52
G. MECHANISM OF BLACKLISTING ...................................................................................... 54
SECTION III: BID DATA SHEET Bid Data Sheet (BDS) ............................................................57
A. Introduction .............................................................................................................................. 58
B. Bidding Documents .................................................................................................................. 59
C. Preparation of Bids ................................................................................................................... 59
D. Submission of Bids ................................................................................................................... 61
E. Opening and Evaluation of Bids ............................................................................................. 61
F. Award of Contract .................................................................................................................... 66
G. Review of Procurement Decisions ......................................................................................... 66
Section IV. Eligible Countries ........................................................................................................... 67
SECTION V: SCHEDULE OF REQUIREMENTS, TECHNICAL SPECIFICATIONS ........... 68
Schedule of Requirements ............................................................................................................ 69
Technical Specifications ................................................................................................................ 70
SECTION VI: STANDARD FORMS ..............................................................................................72
Form 1: Form of Bid ...................................................................................................................... 74
Form 2: Price Schedules for Goods and Related Services Offered from Abroad ................. 76
Form 3: Price Schedule: Goods Manufactured outside Pakistan, already imported ........... 77
Form 4: Price Schedule for Domestic Goods Manufactured within Pakistan ....................... 78
Form 5: List of Related Services and Completion Schedule ..................................................... 79
Form 6: Form of Qualification Information ............................................................................... 80
Form 7: Letter of Acceptance ....................................................................................................... 84
Form 8: Bid Security Form ........................................................................................................... 85
Form 9: Bid Securing Declaration ................................................................................................ 87
SECTION VII: GENERAL CONDITIONS OF THE CONTRACT ........................................... 106
Definitions .................................................................................................................................... 107
Application and interpretation .................................................................................................. 109
Conditions Precedent .................................................................................................................. 110
Governing Language .................................................................................................................. 111
Applicable Law ........................................................................................................................... 111
Country of Origin ........................................................................................................................ 111
Standards ...................................................................................................................................... 111
Use of Contract Documents and Information; Inspection and Audit by the Government of
Pakistan ........................................................................................................................................ 111
Patent and Copy Rights .............................................................................................................. 112
Performance Security (or Guarantee) ....................................................................................... 112
Inspections and Test ................................................................................................................... 113

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Packing ......................................................................................................................................... 114
Delivery and Documents ............................................................................................................ 114
Insurance ...................................................................................................................................... 114
Transportation ............................................................................................................................. 115
Related Services ........................................................................................................................... 115
Spare Parts ................................................................................................................................... 116
Warranty/ Defect Liability Period ............................................................................................ 117
Payment ........................................................................................................................................ 117
Prices ............................................................................................................................................. 118
Change Orders ............................................................................................................................. 118
Contract Amendments ................................................................................................................ 119
Assignment .................................................................................................................................. 119
Sub-contracts ............................................................................................................................... 119
Delays in the Supplier’s Performance ...................................................................................... 119
Liquidated Damages ................................................................................................................... 120
Termination for Default .............................................................................................................. 120
Termination for Force Majeure .................................................................................................. 122
Termination for Insolvency ........................................................................................................ 123
Termination for Convenience .................................................................................................... 123
Disputes Resolution .................................................................................................................... 124
Procedure for Disputes Resolution ........................................................................................... 124
Replacement of Arbitrator .......................................................................................................... 124
Limitation of Liability ................................................................................................................. 124
Notices .......................................................................................................................................... 125
Taxes and Duties ......................................................................................................................... 125
SECTION VIII: SPECIAL CONDITIONS OF THE CONTRACT (SCC) ................................ 126
Definitions (GCC 1) ..................................................................................................................... 127
Governing Language (GCC 4) .................................................................................................. 127
Applicable Law (GCC 5) ............................................................................................................ 127
Country of Origin (GCC 6) ........................................................................................................ 127
Performance Security ( or guarantee) (GCC 10) ..................................................................... 127
Inspections and Tests (GCC 11) ................................................................................................ 127
Packing (GCC Clause 12) ........................................................................................................... 128
Delivery and Documents (GCC Clause 13) ............................................................................. 128
Insurance (GCC Clause 14) ........................................................................................................ 129
Related Services (GCC Clause 16) ............................................................................................ 130
Spare Parts (GCC Clause 17) ..................................................................................................... 130
Warranty (GCC Clause 18) ........................................................................................................ 130
Payment (GCC Clause 19) ......................................................................................................... 131
Prices (GCC 20) ............................................................................................................................ 132
Liquidated Damages (GCC Clause 26) .................................................................................... 132
Procedure for Dispute Resolution (GCC Clause 32) .............................................................. 133
Notices (GCC Clause 35) ............................................................................................................ 134
SECTION IX: CONTRACT FORMS. ............................................................................................. 135
Form of Contract ......................................................................................................................... 136
Performance Security (or guarantee) Form ............................................................................. 138
Integrity Pact ................................................................................................................................ 139

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SECTION II: INSTRUCTION TO BIDDERS (ITBs)

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 A. INTRODUCTION

1. Scope of Bid 1.1 The Procuring Agency (PA), as indicated in the Bid Data
Sheet (BDS) invites Bids for the provision of Goods as
specified in the BDS and Section V - Technical
Specifications & Schedule of Requirements. The
successful Bidders will be expected to deliver the goods
within the specified period and timeline(s) as stated in
the BDS.
2. Source of 2.1 Source of funds is referred in Clause-2 of Invitation for
Funds Bids.
3. Eligible 3.1 A Bidder may be natural person, company or firm or
Bidders public or semi-public agency of Pakistan or any foreign
country, or any combination of them with a formal
existing agreement (on Judicial Papers) in the form of a
joint venture, consortium, or association. In the case of a
joint venture, consortium, or association, all members
shall be jointly and severally liable for the execution of
the Contract in accordance with the terms and
conditions of the Contract. The joint venture,
consortium, or association shall nominate a Lead
Member as nominated in the BDS, who shall have the
authority to conduct all business for and on behalf of
any and all the members of the joint venture,
consortium, or association during the Bidding process,
and in case of award of contract, during the execution of
contract.
(The limit on the number of members of JV or Consortium or
Association may be prescribed in BDS, in accordance with the
guidelines issued by the PPRA).
3.2 The appointment of Lead Member in the joint venture,
consortium, or association shall be confirmed by
submission of a valid Power of Attorney to the Procuring
Agency.
3.3 Verifiable copy of the agreement that forms a joint
venture, consortium or association shall be required to
be submitted as part of the Bid.
3.4 Any bid submitted by the joint venture, consortium or
association shall indicate the part of proposed contract
to be performed by each party and each party shall be

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 evaluated (or post qualified if required) with respect to
its contribution only, and the responsibilities of each
party shall not be substantially altered without prior
written approval of the Procuring Agency and in line
with any instructions issued by the Authority.
3.5 The invitation for Bids is open to all prospective
supplier, manufacturers or authorized agents/dealers
subject to any provisions of incorporation or licensing by
the respective national incorporating agency or statutory
body established for that particular trade or business.
3.6 . Foreign Bidders must be locally registered with the
appropriate national incorporating body or the statutory
body, before participating in the national/international
competitive tendering with the exception of such
procurements made by the foreign missions of Pakistan.
For such purpose the bidder must have to initiate the
registration process before the bid submission and the
necessary evidence shall be submitted to the procuring
agency along with their bid, however, the final award
will be subject to the complete registration process.
3.7 A Bidder shall not have a conflict of interest. All
Bidders found to have a conflict of interest shall be
disqualified. A Bidders may be considered to have a
conflict of interest with one or more parties in this
Bidding process, if they:
a) are associated or have been associated in the past,
directly or indirectly with a firm or any of its
affiliates which have been engaged by the
Procuring Agency to provide consulting services
for the preparation of the design, specifications and
other documents to be used for the
procurement of the goods to be purchased under
this Invitation for Bids.
b) have controlling shareholders in common; or
c) receive or have received any direct or indirect
subsidy from any of them; or
d) have the same legal representative for purposes of
this Bid; or
e) have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or

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 influence on the Bid of another Bidder, or
influence the decisions of the Procuring Agency
regarding this Bidding process; or
f) Submit more than one Bid in this Bidding process.
3.8 A Bidder may be ineligible if –

(a) he is declared bankrupt or, in the case of company

or firm, insolvent;
(b) payments in favor of the Bidder is suspended in
accordance with the judgment of a court of law other
than a judgment declaring bankruptcy and resulting
(in accordance with the national laws) in the total
or partial loss of the right to administer and dispose
of its property;
(c) legal proceedings are instituted against such Bidder
involving an order suspending payments and which
may result, in accordance with the national laws, in
a declaration of bankruptcy or in any other situation
entailing the total or partial loss of the right to
administer and dispose of the property;
(d) the Bidder is convicted, by a final judgment, of any
offence involving professional conduct;
(e) the Bidder is blacklisted and hence debarred due to
involvement in corrupt and fraudulent practices, or
performance failure or due to breach of bid securing
declaration.
(f) The firm, supplier and contractor is blacklisted or
debarred by a foreign country, international
organization, or other foreign institutions for the
period defined by them.
3.9 Bidders shall provide to the Procuring Agency evidence
of their eligibility, proof of compliance with the
necessary legal requirements to carry out the contract
effectively.
3.10 Bidders shall provide such evidence of their continued
eligibility to the satisfaction of the Procuring Agency, as
the Procuring Agency shall reasonably request.
3.11 Bidders shall submit proposals relating to the nature,
conditions and modalities of sub-contracting wherever
the sub-contracting of any elements of the contract
amounting to the more than ten (10) percent of the Bid

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 price is envisaged.
4. Eligible Goods 4.1 All goods and related services to be supplied under the
and Related contract shall have their origin in eligible source
Services countries, and all expenditures made under the contract
will be limited to such goods and services. For purpose
of this Bid, ineligible countries are stated in the section-4
titled as “Eligible Countries”.
4.2 For purposes of this Clause, “origin” means the place
where the goods are mined, grown, cultivated,
produced, manufactured, or processed, or through
manufacture, procession, or assembly, another
commercially recognized article results that differs
substantially in its basic characteristics from its imported
components or the place from where the related services
are/to be supplied.
4.3 The nationality of the supplier that supplies, assembles,
distributes, or sells the goods and services shall not
determine the origin of the goods.
4.4 To establish the eligibility of the Goods and the related
services, Bidders shall fill the country of origin
declarations included in the Form of Bid.
4.5 If so required in the BDS, the Bidder shall demonstrate
that it has been duly authorized by the manufacturer of
the goods to deliver in Pakistan (or in respective country
in case of procurement by the Pakistani Missions
abroad), the goods indicated in its Bid.
5. One Bid per 5.1 A bidder shall submit only one Bid, in the same bidding
Bidder process, either individually as a Bidder or as a member
in a joint venture or any similar arrangement.
5.2 No bidder can be a sub-contractor while submitting a
Bid individually or as a member of a joint venture in the
same Bidding process.
5.3 A person or a firm cannot be a sub-contractor with more
than one bidder in the same bidding process.
6. Cost of 6.1 The Bidder shall bear all costs associated with the
Bidding preparation and submission of its Bid, and the Procuring
Agency shall in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the
bidding process.

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 B. BIDDING DOCUMENTS

7. Contents of 7.1 The goods required, bidding procedures, and terms and
Bidding conditions of the contract are prescribed in the Bidding
Documents Documents. In addition to the Invitation to Bids, the
Bidding Documents which should be read in
conjunction with any addenda issued in accordance
with ITB 9.2 include:
Section I -Invitation to Bids
Section II Instructions to Bidders (ITBs)
Section III Bid Data Sheet (BDS)
Section IV Eligible Countries
Section V Technical Specifications, Schedule of
Requirements
Section VI Forms – Bid
Section VII General Conditions of Contract (GCC)
Section VIII Special Conditions of Contract (SCC)
Section IX Contract Forms
7.2 The number of copies to be completed and returned with
the Bid is specified in the BDS.
7.4 The Procuring Agency is not responsible for the
completeness of the Bidding Documents and their
addenda, if they were not obtained directly from the
Procuring Agency or the signed pdf version from
downloaded from the website of the Procuring Agency.
However, Procuring Agency shall place both the pdf
and same editable version to facilitate the bidder for
filling the forms.
7.5 The Bidder is expected to examine all instructions,
forms, terms and specifications in the Bidding
Documents. Failure to furnish all the information
required in the Bidding Documents will be at the
Bidder’s risk and may result in the rejection of his Bid.
8. Clarification of 8.1 A prospective Bidder requiring any clarification of the
Bidding Bidding Documents may notify the Procuring Agency in
Documents writing or in electronic form that provides record of the
content of communication at the Procuring Agency's
address indicated in the BDS.
8.2 The Procuring Agency will within three (3) working
days after receiving the request for clarification, respond
in writing or in electronic form to any request for

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 clarification provided that such request is received not
later than three (03) days prior to the deadline for the
submission of Bids as prescribed in ITB 23.1. However,
this clause shall not apply in case of alternate methods of
Procurement.
8.3 Copies of the Procuring Agency's response will be
forwarded to all identified Prospective Bidders through
an identified source of communication, including a
description of the inquiry, but without identifying its
source.
In case of downloading of the Bidding Documents from
the website of PA, the response of all such queries will
also be available on the same link available at the
website.
8.4 Should the Procuring Agency deem it necessary to
amend the Bidding Documents as a result of a
clarification, it shall do so following the procedure
under ITB 9.
8.5 If indicated in the BDS, the Bidder’s designated
representative is invited at the Bidder’s cost to attend a
pre-Bid meeting at the place, date and time mentioned
in the BDS. During this pre-Bid meeting, prospective
Bidders may request clarification of the schedule of
requirement, the Evaluation Criteria or any other aspects
of the Bidding Documents.
8.6 Minutes of the pre-Bid meeting, if applicable, including
the text of the questions asked by Bidders, including
those during the meeting (without identifying the source)
and the responses given, together with any responses
prepared after the meeting will be transmitted promptly
to all prospective Bidders who have obtained the
Bidding Documents. Any modification to the
Bidding Documents that may become necessary as a
result of the pre-Bid meeting shall be made by the
Procuring Agency exclusively through the use of an
Addendum pursuant to ITB 9. Non-attendance at the
pre-Bid meeting will not be a cause for disqualification
of a Bidder.
9. Amendment of 9.1 Before the deadline for submission of Bids, the
Bidding Procuring Agency for any reason, whether at its own
Documents initiative or in response to a clarification requested by a

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 prospective Bidder or pre-Bid meeting may modify the
Bidding Documents by issuing addenda.
9.2 Any addendum issued including the notice of any
extension of the deadline shall be part of the Bidding
Documents pursuant to ITB 7.1 and shall be
communicated in writing or in any identified electronic
form that provide record of the content of
communication to all the bidders who have obtained the
Bidding Documents from the Procuring Agency. The
Procuring Agency shall promptly publish the
Addendum at the Procuring Agency’s web page
identified in the BDS:
Provided that the bidder who had either already submitted their
bid or handed over the bid to the courier prior to the issuance of
any such addendum shall have the right to withdraw his already
filed bid and submit the revised bid prior to the original or
extended bid submission deadline.

9.3 To give prospective Bidders reasonable time in which to take

an addendum/corrigendum into account in preparing their
Bids, the Procuring Agency may, at its discretion, extend the
deadline for the submission of Bids:
Provided that the Procuring Agency shall extend the deadline
for submission of Bid, if such an addendum is issued within
last three (03) days of the Bid submission deadline.
C. PREPARATION OF BIDS
10. Language of 10.1 The Bid prepared by the Bidder, as well as all
Bid correspondence and documents relating to the Bid
exchanged by the Bidder and the Procuring Agency shall
be written in the English language unless specified in the
BDS. Supporting documents and printed literature
furnished by the Bidder may be in another language
provided they are accompanied by an accurate translation
of the relevant pages in the English language unless
specified in the BDS, in which case, for purposes of
interpretation of the Bidder, the translation shall govern.
11. Documents 11.1 The Bid prepared by the Bidder shall constitute the
and Sample(s) following components: -
Constituting the
Bid
a) Form of Bid and Bid Prices completed in accordance
with ITB 14 and 15;

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 b) Details of the Sample(s) where applicable and
requested in the BDS.

c) Documentary evidence established in accordance

with ITB 13 that the Bidder is eligible and/or
qualified for the subject bidding process;

d) Documentary evidence established in accordance

with ITB 13.3(a) that the Bidder has been authorized
by the manufacturer to deliver the goods into
Pakistan, where required and where the supplier is
not the manufacturer of those goods;

e) Documentary evidence established in accordance

with ITB 12 that the goods and related services to be
supplied by the Bidder are eligible goods and
services, and conform to the Bidding Documents;

f) Bid security or Bid Securing Declaration furnished in

accordance with ITB 18;

g) Duly Notarized Power of Attorney authorizing the

signatory of the Bidder to submit the bid; and

h) Any other document required in the BDS.

11.2 Where a sample(s) is required by a procuring agency, the

sample shall be:

(a) submitted as part of the bid, in the quantities,

dimensions and other details requested in the BDS;

(b) carriage paid;

(c) received on, or before, the closing time and date for
the submission of bids; and

(d) evaluated to determine compliance with all

characteristics listed in the BDS.

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 11.3 The Procuring Agency shall retain the sample(s) of the
successful Bidder. A Procuring Agency shall reject the
Bid if the sample(s)-

(a) do(es) not conform to all characteristics prescribed

in the bidding documents; and

(b) is/are not submitted within the specified time

clearly mentioned in the Bid Data Sheet.

11.4 Where it is not possible to avoid using a propriety article

as a sample, a Bidder shall make it clear that the propriety
article is displayed only as an example of the type or
quality of the goods being Bided for, and that competition
shall not thereby be limited to the extent of that article
only.
11.5 Samples made up from materials supplied by a Procuring
Agency shall not be returned to a Bidder nor shall a
Procuring Agency be liable for the cost of making them.
11.6 All samples produced from materials belonging to an
unsuccessful Bidder shall be kept by the Procuring
Agency till thirty (30) days from the date of award of
contract or exhaust of all the grievance forums (including
those pending at Authority’s Level or in some Court of
Law).
12. Documents 12.1 Pursuant to ITB 11, the Bidder shall furnish, as part of its
Establishing Bid, all those documents establishing the eligibility in
Eligibility of conformity to the terms and conditions specified in the
Goods and
Bidding Documents for all goods and related services
Related Services
and Conformity which the Bidder proposes to deliver.
to Bidding 12.2 The documentary evidence of the eligibility of the goods
Documents and related services shall consist of a statement in the
Price Schedule of the country of origin of the goods and
related services offered which shall be confirmed by a
certificate of origin issued at the time of shipment.
12.3 The documentary evidence of conformity of the goods
and related services to the Bidding Documents may be in
the form of literature, drawings, and data, and shall
consist of:

a) a detailed description of the essential technical

specifications and performance characteristics of the

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 Goods;

b) an item-by-item commentary on the Procuring

Agency’s Technical Specifications demonstrating
substantial responsiveness of the Goods and
Services to those specifications, or a statement of
deviations and exceptions to the provisions of the
Technical Specifications;

c) any other procurement specific documentation

requirement as stated in the BDS.
12.4 The Bidder shall also furnish a list giving full particulars,
including available sources and current prices of goods,
spare parts, special tools, etc., necessary for the proper
and continuing functioning of the Goods during the
period specified in the BDS following commencement of
the use of the goods by the Procuring Agency.
12.5 For purposes of the commentary to be furnished pursuant
to ITB 12.3(c) above, the Bidder shall note that standards
for workmanship, material, and equipment, as well as
references to brand names or catalogue numbers
designated by the Procuring Agency in its Technical
Specifications, are intended to be descriptive only and not
restrictive. The Bidder may substitute alternative
standards, brand names, and/or catalogue numbers in its
Bid, provided that it demonstrates to the Procuring
Agency’s satisfaction that the substitutions ensure
substantial equivalence to those designated in the
Technical Specifications.
12.6 The required documents and other accompanying
documents must be in English. In case any other language
than English is used the pertinent translation into English
shall be attached to the original version.
13. Documents 13.1 Pursuant to ITB 11, the Bidder shall furnish, as part of its
Establishing Bid, all those documents establishing the Bidder’s
Eligibility and eligibility to participate in the bidding process and/or its
Qualification of
qualification to perform the contract if its Bid is accepted.
the Bidder
13.2 The documentary evidence of the Bidder’s eligibility to
Bid shall establish to the satisfaction of the Procuring
Agency that the Bidder, at the time of submission of its
bid, is from an eligible country as defined in Section-4

18 | P a g e
 titled as “Eligible Countries”.
13.3 The documentary evidence of the Bidder’s qualifications
to perform the contract if its Bid is accepted shall establish
to the satisfaction of Procuring Agency that:

a) in the case of a Bidder offering to deliver goods under

the contract which the Bidder did not manufacture or
otherwise produce, the Bidder has been duly
authorized by the goods’ Manufacturer or producer to
deliver the goods in Pakistan;
b) the Bidder has the financial, technical, and
supply/production capability necessary to perform the
Contract, meets the qualification criteria specified in
BDS.
c) in the case of a Bidder not doing business within
Pakistan, the Bidder is or will be (if awarded the
contract) represented by an Agent in Pakistan
equipped, and able to carry out the Supplier’s
maintenance, repair, and spare parts-stocking
obligations prescribed in the Conditions of Contract
and/or Technical Specifications.
d) that the Bidder meets the qualification criteria listed in
the Bid Data Sheet.
14. Form of Bid 14.1 The Bidder shall fill the Form of Bid furnished in the
Bidding Documents. The Bid Form must be completed
without any alterations to its format and no substitute
shall be accepted.
15. Bid Prices 15.1 The Bid Prices and discounts quoted by the Bidder in the
Form of Bid and in the Price Schedules shall conform to
the requirements specified below in ITB Clause 15 or
exclusively mentioned hereafter in the bidding
documents.
15.2 All items in the Statement of Work must be listed and
priced separately in the Price Schedule(s). If a Price
Schedule shows items listed but not priced, their prices
shall be construed to be included in the prices of other
items.
15.3 Items not listed in the Price Schedule shall be assumed
not to be included in the Bid, and provided that the Bid is
still substantially responsive in their absence or due to
their nominal nature, the corresponding average price of

19 | P a g e
 the respective item(s) of the remaining substantially
responsive bidder(s) shall be construed to be the price of
those missing item(s):
Provided that:
a) where there is only one (substantially) responsive
bidder, or
b) where there is provision for alternate proposals and
the respective items are not listed in the other bids,
the procuring agency may fix the price of missing items in
accordance with market survey, and the same shall be
considered as final price.
15.4 The Bid price to be quoted in the Form of Bid in
accordance with ITB 15.1 shall be the total price of the
Bid, excluding any discounts offered.
15.5 The Bidder shall indicate on the appropriate Price
Schedule, the unit prices (where applicable) and total Bid
price of the goods it proposes to deliver under the
contract.
15.6 Prices indicated on the Price Schedule shall be entered
separately in the following manner:
a) For goods manufactured from within Pakistan (or
within the country where procurement is being done in
case of foreign missions abroad):

i) the price of the goods quoted EXW (ex-works, ex-

factory, ex-warehouse, ex-showroom, or off-the-
shelf, as applicable), including all customs duties
and sales and other taxes already paid or payable:

A. on the components and raw material used in

the manufacturing or assembly of goods
quoted ex- works or ex-factory;
or
B. on the previously imported goods of foreign
origin quoted ex-warehouse, ex-showroom, or
off-the-shelf.

ii) all applicable taxes which will be payable on the

goods if the contract is awarded.

20 | P a g e
 iii) the price for inland transportation, insurance, and
other local costs incidental to delivery of the goods
to their final destination, if specified in the BDS.

iv) the price of other (incidental or allied) services, if

any, listed in the BDS.

b) For goods offered from abroad:

i) the price of the goods shall be quoted CIF named

port of destination, or CIP border point, or CIP
named place of destination, in the Procuring
Agency’s country, as specified in the BDS. In
quoting the price, the Bidder shall be free to use
transportation through carriers registered in any
eligible countries. Similarly, the Bidder may obtain
insurance services from any eligible source country.
or

ii) the price of the goods quoted FOB port of shipment

(or FCA, as the case may be), if specified in the
BDS. or

iii) the price of goods quoted CFR port of destination

(or CPT as the case may be), if specified in the BDS.

iv) the price for inland transportation, insurance, and

other local costs incidental to delivery of the goods
from the port of entry to their final destination, if
specified in the BDS.

v) the price of (incidental) services, if any, listed in the

BDS.
15.7 Prices proposed on the Price Schedule for goods and
related services shall be disaggregated, where appropriate
as indicated in this Clause. This desegregation shall be
solely for the purpose of facilitating the comparison of
Bids by the Procuring Agency. This, shall not in any way
limit the Procuring Agency’s right to contract on any of
the terms and conditions offered: -

21 | P a g e
 a) For Goods: -

i) the price of the Goods, quoted as per applicable

INCOTERMS as specified in the BDS

ii) all customs duties, sales tax, and other taxes

applicable on goods or on the components and
raw materials used in their manufacture or
assembly, if the contract is awarded to the Bidder,
and

b) For Related Services

i) The price of the related services, and

ii) All customs duties, sales tax and other taxes
applicable in Pakistan, paid or payable, on the
related services, if the contract is awarded to the
Bidder.
15.8 Prices quoted by the Bidder shall be fixed during the
Bidder’s performance of the contract and not subject to
variation on any account. A Bid submitted with an
adjustable price will be treated as non-responsive and
shall be rejected, pursuant to ITB 28.
15.9 If so indicated in the Invitation to Bids and Instructions to
Bidders, that Bids are being invited for individual
contracts (Lots) or for any combination of contracts
(packages), Bidders wishing to offer any price reduction
for the award of more than one contract shall specify in
their Bid the price reductions applicable to each package,
or alternatively, to individual contracts (Lots) within a
package.
16. Bid Currencies 16.1 Prices shall be quoted in the following currencies:

a) For goods and services that the Bidder will deliver

from within Pakistan, the prices shall be quoted in
Pakistani Rupees, unless otherwise specified in the
BDS.

b) For goods and related services that the Bidder will

deliver from outside Pakistan, or for imported parts
or components of goods and related services

22 | P a g e
 originating outside Pakistan, the Bid prices shall be
quoted in any freely convertible currency of another
country. If the Bidder wishes to be paid in a
combination of amounts in different currencies, it
may quote its price accordingly but use no more
than three foreign currencies.
16.2 For the purposes of comparison of bids quoted in
different currencies, the price shall be converted into a
single currency specified in the bidding documents. The
rate of exchange shall be the selling rate, prevailing on the
date of opening of (financial part of) bids specified in the
bidding documents, as notified by the State Bank of
Pakistan on that day.
16.3 Bidders shall indicate details of their expected foreign
currency requirements in the Bid.
16.4 Bidders may be required by the Procuring Agency to
clarify their foreign currency requirements and to
substantiate that the amounts included in Lump Sum and
in the SCC are reasonable and responsive to ITB 16.1.
17. Bid Validity 17.1 Bids shall remain valid for the period specified in the
Period BDS after the Bid submission deadline prescribed by the
Procuring Agency. A Bid valid for a shorter period shall
be rejected by the Procuring Agency as non-responsive.
The period of Bid validity will be determined from the
complementary bid securing instrument i.e. the expiry
period of bid security or bid securing declaration as the
case may be.
17.2 Under exceptional circumstances, prior to the expiration
of the initial Bid validity period, the Procuring Agency
may request the Bidders’ consent to an extension of the
period of validity of their Bids only once, for the period
not more than the period of initial bid validity. The
request and the Bidders responses shall be made in
writing or in electronic forms that provide record of the
content of communication. The Bid Security provided
under ITB 18 shall also be suitably extended. A Bidder
may refuse the request without forfeiting its Bid security
or causing to be executed its Bid Securing Declaration. A
Bidder agreeing to the request will not be required nor
permitted to modify its Bid, but will be required to extend
the validity of its Bid Security or Bid Securing Declaration

23 | P a g e
 for the period of the extension, and in compliance with
ITB 18 in all respects.
17.3 If the award is delayed by a period exceeding sixty (60)
days beyond the expiry of the initial Bid validity period,
the contract price may be adjusted by a factor specified in
the request for extension. However, the Bid evaluation
shall be based on the already quoted Bid Price without
taking into consideration on the above correction.
18. Bid Security 18.1 Pursuant to ITB 11, unless otherwise specified in the BDS,
or Bid Securing the Bidder shall furnish as part of its Bid, a Bid Security
Declaration in form of fixed amount not exceeding five percent
of the estimated value of procurement
determined by the procuring agency and in the amount
and currency specified in the BDS or Bid Securing
Declaration as specified in the BDS in the format
provided in Section VI (Standard Forms).
18.2 The Bid Security or Bid Securing Declaration is required
to protect the Procuring Agency against the risk of
Bidder’s conduct which would warrant the security’s
forfeiture, pursuant to ITB 18.9.
18.3 The Bid Security shall be denominated in the local
currency or in another freely convertible currency, and it
shall be in the form specified in the BDS which shall be in
any of the following:

a) a bank guarantee, an irrevocable letter of credit

issued by a Scheduled bank in the form provided in
the Bidding Documents or another form acceptable
to the Procuring Agency and valid for twenty-eight
(28) days beyond the end of the validity of the Bid.
This shall also apply if the period for Bid Validity is
extended. In either case, the form must include the
complete name of the Bidder;

b) a cashier’s or certified cheque; or

c) another security if indicated in the BDS

18.4 The Bid Security or Bid Securing Declaration shall be in
accordance with the Form of the Bid Security or Bid
Securing Declaration included in Section VI (Standard
Forms) or another form approved by the Procuring

24 | P a g e
 Agency prior to the Bid submission.
18.5 The Bid Security shall be payable promptly upon written
demand by the Procuring Agency in case any of the
conditions listed in ITB 18.9 are invoked.
18.6 Any Bid not accompanied by a Bid Security or Bid
Securing Declaration in accordance with ITB 18.1 or 18.3
shall be rejected by the Procuring Agency as non-
responsive, pursuant to ITB 28.
18.7 Unsuccessful Bidders’ Bid Security will be discharged or
returned as promptly as possible, however in no case later
than thirty (30) days after the expiration of the period of
Bid Validity prescribed by the Procuring Agency
pursuant to ITB 17. The Procuring Agency shall make no
claim to the amount of the Bid Security, and shall
promptly return the Bid Security document, after
whichever of the following that occurs earliest:

(a) the expiry of the Bid Security;

(b) the entry into force of a procurement contract and

the provision of a performance security (or
guarantee), for the performance of the contract if
such a security (or guarantee), is required by the
Biding documents;

(c) the rejection by the Procuring Agency of all Bids;

(d) the withdrawal of the Bid prior to the deadline for

the submission of Bids, unless the Biding
documents stipulate that no such withdrawal is
permitted.
18.8 The successful Bidder’s Bid Security will be discharged
upon the Bidder signing the contract pursuant to ITB 41,
or furnishing the performance security (or guarantee),
pursuant to ITB 42.
18.9 The Bid Security may be forfeited or the Bid Securing
Declaration executed:

a) if a Bidder:

i) withdraws its Bid during the period of Bid Validity

25 | P a g e
 as specified by the Procuring Agency, and referred
by the bidder on the Form of Bid except as
provided for in ITB 17.2; or

ii) does not accept the correction of errors pursuant to

ITB 30.3; or

b) in the case of a successful Bidder, if the Bidder fails:

i) to sign the contract in accordance with ITB 41; or

ii) to furnish performance security (or guarantee) in

accordance with ITB 42.
19. Alternative 19.1 Bidders shall submit offers that comply with the
Bids by Bidders requirements of the Bidding Documents, including the
basic Bidder’s technical design as indicated in the
specifications and Schedule of Requirements.
Alternatives will not be considered, unless specifically
allowed for in the BDS. If so allowed, ITB 19.2 shall
prevail.
19.2 When alternative schedule for delivery of goods is
explicitly invited, a statement of that effect will be
included in the BDS as will the method for evaluating
different schedule for delivery of goods.
19.3 If so allowed in the BDS, Bidders wishing to offer
technical alternatives to the requirements of the Bidding
Documents must also submit a Bid that complies with
the requirements of the Bidding Documents, including
the basic technical design as indicated in the
specifications. In addition to submitting the basic Bid, the
Bidder shall provide all information necessary for a
complete evaluation of the alternative by the Procuring
Agency, including technical specifications, breakdown of
prices, and other relevant details. Only the technical
alternatives, if any, of the Most Advantageous Bidder
conforming to the basic technical requirements (without
altering the bid price) shall be considered by the Procuring
Agency.
20. Withdrawal, 20.1 Before bid submission deadline, any bidder may
Substitution, withdraw, substitute, or modify its Bid after it has been
and submitted by sending a written notice, duly signed by an
Modification of

26 | P a g e
 Bids authorized representative, and the corresponding
substitution or modification must accompany the
respective written notice.
20.2 Bids requested to be withdrawn in accordance with ITB
20.1 shall be returned unopened to the Bidders.
21. Format and 21.1 The Bidder shall prepare an original and the number of
Signing of Bid copies of the Bid as indicated in the BDS, clearly marking
each “ORIGINAL” and “COPY,” as appropriate. In the
event of any discrepancy between them, the original shall
prevail:
Provided that except in Single Stage One Envelope
Procedure, the Bid shall include only the copies of
technical proposal.
21.2 The original and the copy or copies of the Bid shall be
typed or written in indelible ink and shall be signed by
the Bidder or a person or persons duly authorized to sign
on behalf of the Bidder. This authorization shall consist
of a written confirmation as specified in the BDS and
shall be attached to the Bid. The name and position held
by each person signing the authorization must be typed
or printed below the signature. All pages of the Bid,
except for un-amended printed literature, shall be
initialed by the person or persons signing the Bid.
21.3 Any interlineations, erasures, or overwriting shall be
valid only if they are signed by the person or persons
signing the Bidder.

D. SUBMISSION OF BIDS
22. Sealing and 22.1 In case of Single Stage One Envelope Procedure, the
Marking of Bids Bidder shall seal the original and each copy of the Bid in
separate envelopes, duly marking the envelopes as
“ORIGINAL” and “COPY.” The envelopes shall then be
sealed in an outer envelope securely sealed in such a
manner that opening and resealing cannot be achieved
undetected.
Note: The envelopes shall be sealed and marked in accordance
with the bidding procedure adopted as referred in Rule-36 of
PPR-2004.
22.2 The inner and outer envelopes shall:

a) be addressed to the Procuring Agency at the address

27 | P a g e
 given in the BDS; and

b) bear the title of the subject procurement or Project

name, as the case may be as indicated in the BDS, the
Invitation to Bids (ITB) title and number indicated in
the BDS, and a statement: “DO NOT OPEN
BEFORE,” to be completed with the time and the date
specified in the BDS, pursuant to ITB 23.1.
22.3 In case of Single Stage Two Envelope Procedure, The Bid
shall comprise two envelopes submitted simultaneously,
one called the Technical Proposal and the other Financial
Proposal. Both envelopes to be enclosed together in an
outer single envelope called the Bid. Each Bidder shall
submit his bid as under:
a) Bidder shall submit his TECHNICAL PROPOSAL
and FINANCIAL PROPOSAL in separate inner
envelopes and enclosed in a single outer envelope.
b) ORIGINAL and each copy of the Bid shall be
separately sealed and put in separate envelopes and
marked as such.
c) (c) The envelopes containing the ORIGINAL and
copies will be put in one sealed envelope and
addressed / identified as given in Sub- Clause 21.2.
22.4 The inner and outer envelopes shall:
a) be addressed to the Procuring Agency at the
address provided in the Bidding Data;
b) bear the name and identification number of the
contract as defined in the Bidding Data; and
provide a warning not to open before the time and
date for bid opening, as specified in the Bidding
Data. pursuant to ITB 23.1.
c) In addition to the identification required in Sub-
Clause 21.2 hereof, the inner envelope shall
indicate the name and address of the bidder to
enable the bid to be returned unopened in case it is
declared “late” pursuant to Clause IB.24
If all envelopes are not sealed and marked as required by
ITB 22.2 , ITB 22.3 and ITB 22.4 or incorrectly marked,
the Procuring Agency will assume no responsibility for
the misplacement or premature opening of Bid.
23. Deadline for 23.1 Bids shall be received by the Procuring Agency no later

28 | P a g e
 Submission of than the date and time specified in the BDS.
Bids
23.2 The Procuring Agency may, in exceptional circumstances
and at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Documents
in accordance with ITB 9, in which case all rights and
obligations of the Procuring Agency and Bidders
previously subject to the deadline will thereafter be
subject to the new deadline.
24. Late Bids 24.1 The Procuring Agency shall not consider for evaluation
any Bid that arrives after the deadline for submission of
Bids, in accordance with ITB 23.
24.2 Any Bid received by the Procuring Agency after the
deadline for submission of Bids shall be declared late,
recorded, rejected and returned unopened to the Bidder.
25. Withdrawal 25.1 A Bidder may withdraw its Bid after it has been
of Bids submitted, provided that written notice of the withdrawal
of the Bid, is received by the Procuring Agency prior to
the deadline for submission of Bids.
25.2 Revised bid may be submitted after the withdrawal of the
original bid in accordance with the provisions referred in
ITB 22.

E. OPENING AND EVALUATION OF BIDS

26. Opening of 26.1 The Procuring Agency will open all Bids, in public, in the
Bids presence of Bidders’ or their representatives who choose
to attend, and other parties with a legitimate interest in
the Bid proceedings at the place, on the date and at the
time, specified in the BDS. The Bidders’ representatives
present shall sign a register as proof of their attendance.
26.2 First, envelopes marked “WITHDRAWAL” shall be
opened and read out and the envelope with the
corresponding bid shall not be opened, but returned to
the Bidder. No bid withdrawal shall be permitted unless
the corresponding Withdrawal Notice contains a valid
authorization to request the withdrawal and is read out
at bid opening.
26.3 Second, outer envelopes marked “SUBSTITUTION” shall
be opened. The inner envelopes containing the

29 | P a g e
 Substitution Bid shall be exchanged for the corresponding
Original Bid being substituted, which is to be returned
to the Bidder unopened. No envelope shall be substituted
unless the corresponding Substitution Notice contains a
valid authorization to request the substitution and is read
out and recorded at bid opening.
26.4 Next, outer envelopes marked “MODIFICATION” shall
be opened. No Technical Proposal and/or Financial
Proposal shall be modified unless the corresponding
Modification Notice contains a valid authorization to
request the modification and is read out and recorded at
the opening of the Bids. Any Modification shall be read
out along with the Original Bid except in case of Single
Stage Two Envelope Procedure where only the Technical
Proposal, both Original as well as Modification, are to be
opened, read out, and recorded at the opening. Financial
Proposal, both Original and Modification, will remain
unopened till the prescribed financial bid opening date.
26.5 Other envelopes holding the Bids shall be opened one at
a time, in case of Single Stage One Envelope Procedure,
the Bidders names, the Bid prices, the total amount of
each Bid and of any alternative Bid (if alternatives have
been requested or permitted), any discounts, the
presence or absence of Bid Security, Bid Securing
Declaration and such other details as the Procuring
Agency may consider appropriate, will be announced by
the Procurement Evaluation Committee.
26.6 In case of Single Stage Two Envelope Procedure, the
Procuring Agency will open the Technical Proposals in
public at the address, date and time specified in the BDS
in the presence of Bidders` designated representatives
who choose to attend and other parties with a legitimate
interest in the Bid proceedings. The Financial Proposals
will remain unopened and will be held in custody of the
Procuring Agency until the specified time of their
opening.
26.7 The envelopes holding the Technical Proposals shall be
opened one at a time, and the following read out and
recorded: (a) the name of the Bidder; (b) whether there is
a modification or substitution; (c) the presence of a Bid

30 | P a g e
 Security, if required; and (d) Any other details as the
Procuring Agency may consider appropriate.
26.8 Bids not opened and not read out at the Bid opening
shall not be considered further for evaluation,
irrespective of the circumstances. In particular, any
discount offered by a Bidder which is not read out at Bid
opening shall not be considered further.
26.9 Bidders are advised to send in a representative with the
knowledge of the content of the Bid who shall verify the
information read out from the submitted documents.
Failure to send a representative or to point out any un-
read information by the sent Bidder’s representative shall
indemnify the Procuring Agency against any claim or
failure to read out the correct information contained in the
Bidder’s Bid.
26.10 No Bid will be rejected at the time of Bid opening except
for late Bids which will be returned unopened to the
Bidder, pursuant to ITB 24.
26.11 The Procuring Agency shall prepare minutes of the Bid
opening. The record of the Bid opening shall include, as
a minimum: the name of the Bidder and whether or not
there is a withdrawal, substitution or modification, the
Bid price if applicable, including any discounts and
alternative offers and the presence or absence of a Bid
Security or Bid Securing Declaration.
26.12 The Bidders’ representatives who are present shall be
requested to sign on the attendance sheet. The omission
of a Bidder’s signature on the record shall not invalidate
the contents and affect the record. A copy of the record
shall be distributed to all the Bidders.
26.13 A copy of the minutes of the Bid opening shall be
furnished to individual Bidders upon request.
26.14 In case of Single Stage Two Envelop Bidding Procedure,
after the evaluation and approval of technical proposal
the procuring agency, shall at a time within the bid
validity period, publically open the financial proposals
of the technically accepted bids only. The financial
proposal of bids found technically non-responsive shall
be returned un-opened to the respective bidders subject
to redress of the grievances from all tiers of grievances.
27.Confidentiality 27.1 Information relating to the examination, clarification,

31 | P a g e
 evaluation and comparison of Bids and recommendation
of contract award shall not be disclosed to Bidders or any
other persons not officially concerned with such process
until the time of the announcement of the respective
evaluation report.
27.2 Any effort by a Bidder to influence the Procuring Agency
processing of Bids or award decisions may result in the
rejection of its Bid.
27.3 Notwithstanding ITB 27.2 from the time of Bid opening
to the time of contract award, if any Bidder wishes to
contact the Procuring Agency on any matter related to
the Bidding process, it should do so in writing or in
electronic forms that provides record of the content of
communication.
28. Clarification of 28.1 To assist in the examination, evaluation and comparison
Bids of Bids (and post-qualification if applicable) of the
Bidders, the Procuring Agency may, ask any Bidder for a
clarification of its Bid including breakdown of prices.
Any clarification submitted by a Bidder that is not in
response to a request by the Procuring Agency shall not
be considered.
28.2 The request for clarification and the response shall be in
writing or in electronic forms that provide record of the
content of communication. In case of Single Stage Two
Envelope Procedure, no change in the prices or
substance of the Bid shall be sought, offered, or
permitted, whereas in case of Single Stage One Envelope
Procedure, only the correction of arithmetic errors
discovered by the Procuring Agency in the evaluation of
Bids should be sought in accordance with ITB 31.
28.3 The alteration or modification in THE BID which in any
affect the following parameters will be considered as a
change in the substance of a bid:
a) evaluation & qualification criteria;
b) required scope of work or specifications;
c) all securities requirements;
d) tax requirements;
e) terms and conditions of bidding documents.
f) change in the ranking of the bidder
28.4 From the time of Bid opening to the time of Contract
award if any Bidder wishes to contact the Procuring

32 | P a g e
 Agency on any matter related to the Bid it should do so
in writing or in electronic forms that provide record of
the content of communication.
29. Preliminary 29.1 Prior to the detailed evaluation of Bids, the Procuring
Examination of Agency will determine whether each Bid:
Bids
a) meets the eligibility criteria defined in ITB 3
and ITB 4;
b) has been prepared as per the format and
contents defined by the Procuring Agency in the
Bidding Documents;

c) has been properly signed;

d) is accompanied by the required securities; and

e) is substantially responsive to the requirements

of the Bidding Documents.

The Procuring Agency's determination of a Bid's

responsiveness will be based on the contents of the Bid
itself.
29.2 A substantially responsive Bid is one which conforms to
all the terms, conditions, and specifications of the
Bidding Documents, without material deviation or
reservation. A material deviation or reservation is one
that: -
a) affects in any substantial way the scope, quality,
or performance of the Services;

b) limits in any substantial way, inconsistent with

the Bidding Documents, the Procuring Agency's
rights or the Bidders obligations under the
Contract; or

c) if rectified, would affect unfairly the

competitive position of other Bidders
presenting substantially responsive Bids.
29.3 The Procuring Agency will confirm that the documents
and information specified under ITB 11, 12 and 13 have
been provided in the Bid. If any of these documents or

33 | P a g e
 information is missing, or is not provided in accordance
with the Instructions to Bidders, the Bid shall be rejected.
29.4 The Procuring Agency may waive off any minor
informality, nonconformity, or irregularity in a Bid
which does not constitute a material deviation, provided
such waiver does not prejudice or affect the relative
ranking of any Bidder.
Explanation: A minor informality, non-conformity or
irregularity is one that is merely a matter of form and not of
substance. It also pertains to some immaterial defect in a Bid or
variation of a bid from the exact requirements of the invitation
that can be corrected or waived without being prejudicial to
other bidders. The defect or variation is immaterial when the
effect on quantity, quality, or delivery is negligible when
contrasted with the total cost or scope of the supplies or services
being acquired. The Procuring Agency either shall give the
bidder an opportunity to cure any deficiency resulting from a
minor informality or irregularity in a bid or waive the
deficiency, whichever is advantageous to the Procuring
Agency. Examples of minor informalities or irregularities
include failure of a bidder to –

(a) Submit the number of copies of signed bids required by

the invitation;

(b) Furnish required information concerning the number

of its employees;

(c) the firm submitting a bid has formally adopted or

authorized, before the date set for opening of bids, the
execution of documents by typewritten, printed, or
stamped signature and submits evidence of such
authorization and the bid carries such a signature.

29.5 Provided that a Technical Bid is substantially responsive,

the Procuring Agency may request the Bidder to submit
the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the Technical Bid
related to documentation requirements. Requesting
information or documentation on such nonconformities
shall not be related to any such aspect of the technical
Proposal linked with the ranking of the bidders. Failure
of the Bidder to comply with the request may result in

34 | P a g e
 the rejection of its Bid.
29.6 Provided that a Technical Bid is substantially responsive,
the Procuring Agency shall rectify quantifiable
nonmaterial nonconformities or omissions related to the
Financial Proposal. To this effect, the Bid Price shall be
adjusted, for comparison purposes only, to reflect the
price of the missing or nonconforming item or
component.
29.7 If a Bid is not substantially responsive, it will be rejected
by the Procuring Agency and may not subsequently be
evaluated for complete technical responsiveness.
30. Examination of 30.1 The Procuring Agency shall examine the Bid to confirm
Terms and that all terms and conditions specified in the GCC and
Conditions; the SCC have been accepted by the Bidder without any
Technical material deviation or reservation.
Evaluation
30.2 The Procuring Agency shall evaluate the technical
aspects of the Bid submitted in accordance with ITB 22,
to confirm that all requirements specified in Section V –
Schedule of Requirements, Technical Specifications of
the Bidding Documents have been met without material
deviation or reservation.
30.3 If after the examination of the terms and conditions and
the technical evaluation, the Procuring Agency
determines that the Bid is not substantially responsive in
accordance with ITB 29, it shall reject the Bid.
31. Correction of 31.1 Bids determined to be substantially responsive will be
Errors checked for any arithmetic errors. Errors will be
corrected as follows: -

a) if there is a discrepancy between unit prices 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,
unless in the opinion of the Procuring Agency
there is an obvious misplacement of the decimal
point in the unit price, in which the total price as
quoted shall govern and the unit price shall be
corrected;

b) if there is an error in a total corresponding to the

addition or subtraction of sub-totals, the sub-

35 | P a g e
 totals shall prevail and the total shall be
corrected; and

c) where there is a discrepancy between the

amounts in figures and in words, the amount in
words will govern.

d) Where there is discrepancy between grand total

of price schedule and amount mentioned on the
Form of Bid, the amount referred in Price
Schedule shall be treated as correct subject to
elimination of other errors.
31.2 The amount stated in the Bid will, be adjusted by the
Procuring Agency in accordance with the above
procedure for the correction of errors and, with, the
concurrence of the Bidder, shall be considered as binding
upon the Bidder. If the Bidder does not accept the
corrected amount, its Bid will then be rejected, and the
Bid Security may be forfeited or the Bid Securing
Declaration may be executed in accordance with ITB 18.9.
32.1 To facilitate evaluation and comparison, the Procuring
32. Conversion to Agency will convert all Bid prices expressed in the
Single Currency amounts in various currencies in which the Bid prices
are payable. For the purposes of comparison of bids
quoted in different currencies, the price shall be
converted into a single currency specified in the bidding
documents. The rate of exchange shall be the selling rate,
prevailing on the date of opening of (financial part of )
bids specified in the bidding documents, as notified by
the State Bank of Pakistan on that day.
32.2 The currency selected for converting Bid prices to a
common base for the purpose of evaluation, along with
the source and date of the exchange rate, are specified in
the BDS.
33.1 The Procuring Agency shall evaluate and compare only
33. Evaluation of the Bids determined to be substantially responsive,
Bids pursuant to ITB 29.
33.2 In evaluating the Technical Proposal of each Bid, the
Procuring Agency shall use the criteria and
methodologies listed in the BDS and in terms of

36 | P a g e
 Statement of Requirements and Technical Specifications.
No other evaluation criteria or methodologies shall be
permitted.
33.2 The Procuring Agency’s evaluation of a Bid will take
into account:

a) in the case of goods manufactured in Pakistan or

goods of foreign origin already imported in Pakistan,
Income Tax, General Sales Tax and other
similar/applicable taxes, which will be payable on
the goods if a contract is awarded to the Bidder;

b) in the case of goods of foreign origin offered from

abroad, customs duties and other similar import
taxes which will be payable on the goods if the
contract is awarded to the Bidder; and
33.3 The comparison shall be between the EXW price of the
goods offered from within Pakistan, such price to
include all costs, as well as duties and taxes paid or
payable on components and raw material incorporated
or to be incorporated in the goods, and named port of
destination, border point, or named place of destination)
in accordance with applicable INCOTERM in the price of
the goods offered from outside Pakistan.
In evaluating the Bidders, the evaluation committee will,
in addition to the Bid price quoted in accordance with
ITB 15.1, take account of one or more of the following
factors as specified in the BDS, and quantified in ITB
32.5:

a) Cost of inland transportation, insurance, and other

costs within the Pakistan incidental to delivery of
the goods to their final destination.

b) delivery schedule offered in the Bid;

c) deviations in payment schedule from that specified

in the Special Conditions of Contract;

d) the cost of components, mandatory spare parts, and

service;

e) the availability (in Pakistan) of spare parts and after-

sales services for the equipment offered in the

37 | P a g e
 Bid;

f) the projected operating and maintenance costs

during the life of the equipment;

g) the performance and productivity of the equipment

offered; and/or
h) other specific criteria indicated in the TBS and/or
in the Technical Specifications.

33.5 For factors retained in BDS, pursuant to ITB 33.4 one or

more of the following quantification methods will be
applied, as detailed in the BDS:

(a) Inland transportation from EXW/port of entry/border

point, Insurance and incidentals.

Inland transportation, insurance, and other

incidental costs for delivery of the goods from
EXW/port of entry/border point to Project Site
named in the BDS will be computed for each Bid by
the PA on the basis of published tariffs by the rail or
road transport agencies, insurance companies,
and/or other appropriate sources. To facilitate such
computation, Bidder shall furnish in its Bid the
estimated dimensions and shipping weight and the
approximate EXW or as per applicable INCOTERM
value of each package. The above cost will be added
by the Procuring Agency to EXW or as per applicable
INCOTERM price.

(b) Delivery schedule.

i) The Procuring Agency requires that the goods

under the Invitation for Bids shall be delivered
(shipped) at the time specified in the Schedule
of Requirements. The estimated time of arrival
of the goods at the Project Site will be calculated
for each Bid after allowing for reasonable
international and inland transportation time.
Treating the Bid resulting in such time of arrival
as the base, a delivery “adjustment” will be
calculated for other Bids by applying a

38 | P a g e
 percentage, specified in the BDS, of the EXW or
as per applicable INCOTERM price for each
week of delay beyond the base, and this will be
added to the Bid price for evaluation. No credit
shall be given to early delivery.

Or

ii) The goods covered under this invitation are

required to be delivered (shipped) within an
acceptable range of weeks specified in the
Schedule of Requirement. No credit will be
given to earlier deliveries, and Bids offering
delivery beyond this range will be treated as
non-responsive. Within this acceptable range,
an adjustment per week, as specified in the
BDS, will be added for evaluation to the Bid
price of Bids offering deliveries later than the
earliest delivery period specified in the
Schedule of Requirements.

Or

(iii) The goods covered under this invitation are

required to be delivered (shipped) in partial
shipments, as specified in the Schedule of
Requirements. Bids offering deliveries earlier
or later than the specified deliveries will be
adjusted in the evaluation by adding to the Bid
price a factor equal to a percentage, specified in
the BDS, of EXW or as per applicable
INCOTERM price per week of variation from
the specified delivery schedule.

(c) Deviation in payment schedule.

i) Bidders shall state their Bid price for the

payment schedule outlined in the SCC. Bids
will be evaluated on the basis of this base
price. Bidders are, however, permitted to
state an alternative payment schedule and

39 | P a g e
 indicate the reduction in Bid price they wish
to offer for such alternative payment schedule.
The Procuring Agency may consider the
alternative payment schedule offered by the
selected Bidder.
Or

ii) The SCC stipulates the payment schedule

offered by the Procuring Agency. If a Bid
deviates from the schedule and if such
deviation is considered acceptable to the
Procuring Agency, the Bid will be evaluated
by calculating interest earned for any earlier
payments involved in the terms outlined in
the Bid as compared with those stipulated in
this invitation, at the rate per annum specified
in the BDS.

(d) Cost of spare parts

i) The list of items and quantities of major

assemblies, components, and selected spare
parts, likely to be required during the initial
period of operation specified in the BDS, is
annexed to the Technical Specifications. The total
cost of these items, at the unit prices quoted in
each Bid, will be added to the Bid price.

Or

ii) The Procuring Agency will draw up a list of high-

usage and high-value items of components and
spare parts, along with estimated quantities of
usage in the initial period of operation specified
in the BDS. The total cost of these items and
quantities will be computed from spare parts
unit prices submitted by the Bidder and added
to the Bid price.

Or

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 iii) The Procuring Agency will estimate the cost of
spare parts usage in the initial period of
operation specified in the BDS, based on
information furnished by each Bidder, as well as
on past experience of the Procuring Agency or
other Procuring Agency’s in similar situations.
Such costs shall be added to the Bid price for
evaluation.

(e) Spare parts and after sales service facilities in Pakistan

The cost to the Procuring Agency of establishing

the minimum service facilities and parts
inventories, as outlined in the BDS or elsewhere in
the Bidding Documents, if quoted separately, shall
be added to the Bid price.

(f) Operating and maintenance costs

Since the operating and maintenance costs of the

goods under procurement form a major part of the
life cycle cost of the equipment, these costs will be
evaluated in accordance with the criteria specified
in the BDS or in the Technical Specifications.

(g) Performance and productivity of the equipment.

(i) Bidders shall state the guaranteed performance

or efficiency in response to the Technical
Specification. For each drop in the performance
or efficiency below the norm of 100, an
adjustment for an amount specified in the BDS
will be added to the Bid Price, representing the
capitalized cost of additional operating costs
over the life of the plant, using the
methodology specified in the BDS or in the
Technical Specifications.

Or

(ii) Goods offered shall have a minimum

productivity specified under the relevant

41 | P a g e
 provision in the Technical Specifications to be
considered responsive. Evaluation shall be
based on the cost per unit of the actual
productivity of goods offered in the Bid, and
adjustment will be added to the Bid price using
the methodology specified in the BDS or in the
Technical Specifications.

(h) Specific additional criteria.

Other specific additional criteria to be considered in

the evaluation and the evaluation method shall be
detailed in the BDS and/or the Technical
Specifications.
33.6 If these Bidding Documents allow Bidders to quote
separate prices for different Lots, and the award to a
single Bidder of multiple Lots, the methodology of
evaluation to determine the lowest evaluated Lot
combinations, including any discounts offered in the
Form of Bid, is specified in the BDS.
34. Domestic 34.1 If the BDS so specifies, the Procuring Agency will grant
Preference a margin of preference to certain goods in line with the
rules, regulations, regulatory guides or instructions
issued by the Authority from time to time.
35. Determination 35.1 In case where the Procuring Agency adopts the Cost
of Most Based Evaluation Technique and, the Bid with the lowest
Advantageous Bid evaluated price from amongst those which are eligible,
compliant and substantially responsive shall be the Most
Advantageous Bid.

42 | P a g e
 35.2 The Procuring Agency may adopt the Quality & Cost
Based Selection Technique due to the following two
reasons:

i. Where the Procuring Agency knows about the main

features, usage and output of the products; however
not clear about the complete features, technical
specifications and functionalities of the goods to be
procured and requires the bidders to submit their
proposals defining those features, specifications and
functionalities; or

ii. Where the Procuring Agency, in addition to the

mandatory requirements and mandatory technical
specifications, requires parameters specified in
Evaluation Criteria to be evaluated while
determining the quality of the goods:

In such cases, the Procuring Agency may allocate certain

weightage to these factors as a part of Evaluation
Criteria, and may determine the ranking of the bidders
on the basis of combined evaluation in accordance with
provisions of Rule 2(1)(h) of PPR-2004.
36. Post- 36.1 After determining the Most Advantageous Bid, if neither
qualification of the pre-qualification was undertaken separately nor any
Bidder and/or qualification parameters were undertaken as part of
Abnormally Low
determining the Most Advantageous Bid, the Procuring
Financial
Proposal Agency shall carry out the post-qualification of the
Bidder using only the requirements specified in the BDS.

In case of International Tendering, the parameters for

incorporation or licensing within Pakistan may be fulfilled
as part of post qualification.

36.2 Where the Bid price is considered to be abnormally low,

the Procuring Agency shall perform price analysis either
during determination of Most Advantageous Bid or as a
part of the post-qualification process. The following
process shall apply:

(a) The Procuring Agency may reject a Bid if the

Procuring Agency has determined that the price in

43 | P a g e
combination with other constituent elements of the Bid
is abnormally low in relation to the subject matter of the
procurement (i.e. scope of the procurement or ancillary
services) and raises concerns as to the capability and
capacity of the respective Bidder to perform that contract;

(b) Before rejecting an abnormally low Bid the

Procuring Agency shall request the Bidder an
explanation of the Bid or of those parts which it
considers contribute to the Bid being abnormally low;
take account of the evidence provided in response to a
request in writing; and subsequently verify the Bid or
parts of the Bid being abnormally low;

(c) The decision of the Procuring Agency to reject a

Bid and reasons for the decision shall be recorded in the
procurement proceedings and promptly communicated
to the Bidder concerned;

(d) The Procuring Agency shall not incur any liability

solely by rejecting abnormally Bid; and

(e) An abnormally low Bid means, in the light of the

Procuring Agency’s estimate and of all the Bids
submitted, the Bid appears to be abnormally low by not
providing a margin for normal levels of profit.

Guidance for Procuring Agency:

In order to identify the Abnormally Low Bid (ALB)
following approaches can be considered to minimize the
scope of subjectivity:

(i) Comparing the bid price with the cost estimate;

(ii) Comparing the bid price with the bids offered by
other bidders submitting substantially responsive bids;
and
(iii) Comparing the bid price with prices paid in
similar contracts in the recent past either government-
or development partner-funded.

44 | P a g e
 36.3 The Procuring Agency will determine to its satisfaction
whether the Bidder that is selected as having submitted
the most advantageous Bid is qualified to perform the
contract satisfactorily, in accordance with the criteria
listed in ITB 13.3.
36.4 The determination will take into account the Bidder’s
financial, technical, and production capabilities. It will
be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB 13.3, as well as such other
information as the Procuring Agency deems necessary
and appropriate. Factors not included in these Bidding
Documents shall not be used in the evaluation of the
Bidders’ qualifications.
36.5 Procuring Agency may seek “Certificate for
Independent Price Determination” from the Bidder and
the results of reference checks may be used in
determining award of contract.
Explanation: The Certificate shall be furnished by the
bidder. The bidder shall certify that the price is
determined keeping in view of all the essential aspects
such as raw material, its processing, value addition,
optimization of resources due to economy of scale,
transportation, insurance and margin of profit etc.
36.6 An affirmative determination will be a prerequisite for
award of the contract to the Bidder. A negative
determination will result in rejection of the Bidder’s Bid,
in which event the Procuring Agency will proceed to the
next ranked bidder to make a similar determination of
that Bidder’s capabilities to perform satisfactorily.

F. AWARD OF CONTRACT
37. Criteria of 37.1 Subject to ITB 36 and 38, the Procuring Agency will
Award award the Contract to the Bidder whose Bid has been
determined to be substantially responsive to the Bidding
Documents and who has been declared as Most
Advantageous Bidder, provided that such Bidder has been
determined to be:

a) eligible in accordance with the provisions of ITB 3;

45 | P a g e
 b) is determined to be qualified to perform the
Contract satisfactorily; and

c) Successful negotiations have been concluded, if

any.
38. Negotiations 38.1 Negotiations may be undertaken with the Most
Advantageous Bid relating to the following areas:
(a) a minor alteration to the technical details of the
statement of requirements;
(b) reduction of quantities for budgetary reasons,
where the reduction is in excess of any provided for in
the Biding documents;
(c) a minor amendment to the special conditions of
Contract;
(d) finalizing payment arrangements;
(e) delivery arrangements;
(f) the methodology for provision of related services;
or
(g) clarifying details that were not apparent or could
not be finalized at the time of Bidding;
38.2 Where negotiation fails to result into an agreement, the
Procuring Agency may invite the next ranked Bidder for
negotiations. Where negotiations are commenced with the
next ranked Bidder, the Procuring Agency shall not
reopen earlier negotiations.
39. Procuring 39.1 Notwithstanding ITB 37, the Procuring Agency reserves
Agency’s Right to the right to reject all the bids, and to annul the Bidding
to reject All Bids process at any time prior to award of contract, without
thereby incurring any liability to the affected Bidder or
Bidders. However, the Authority (i.e. PPRA) may call
from the Procuring Agency the justification of those
grounds.
39.2 Notice of the rejection of all Bids shall be given promptly
to all Bidders that have submitted Bids.
39.3 The Procuring Agency shall upon request communicate
to any Bidder the grounds for its rejection of its Bids, but
is not required to justify those grounds.

46 | P a g e
40. Procuring 40.1 The Procuring Agency reserves the right at the time of
Agency’s Right to contract award to increase or decrease the quantity of
Vary Quantities goods or related services originally specified in these
at the Time of Bidding Documents (schedule of requirements) provided
Award
this does not exceed by the percentage indicated in the
BDS, without any change in unit price or other terms and
conditions of the Bid and Bidding Documents.
41. Notification of 41.1 Prior to the award of contract, the Procuring Agency shall
Award issue a Final Evaluation Report giving justification for
acceptance or rejection of the bids.
41.2 Where no complaints have been lodged, the Bidder
whose Bid has been accepted will be notified of the award
by the Procuring Agency prior to expiration of the Bid
Validity period in writing or electronic forms that
provide record of the content of communication. The
Letter of Acceptance will state the sum that the Procuring
Agency will pay the successful Bidder in consideration
for the execution of the scope of works as prescribed by
the Contract (hereinafter and in the Contract called the
"Contract Price).
41.3 The notification of award will constitute the formation of
the Contract, subject to the Bidder furnishing the
Performance Security (or guarantee) in accordance with
ITB 43 and signing of the contract in accordance with ITB
42.2.
41.4 Upon the successful Bidder’s furnishing of the
performance security (or guarantee) pursuant to ITB 43,
the Procuring Agency will promptly notify each
unsuccessful Bidder, the name of the successful Bidder
and the Contract amount and will discharge the Bid
Security or Bid Securing Declaration of the Bidders
pursuant to ITB 18.7.
42. Signing of 42.1 Promptly after notification of award, Procuring Agency
Contract shall send the successful Bidder the draft agreement,
incorporating all terms and conditions as agreed by the
parties to the contract.
42.2 Immediately after the Redressal of grievance by the GRC,
and after fulfillment of all conditions precedent of the
Contract Form, the successful Bidder and the Procuring
Agency shall sign the contract.

47 | P a g e
 42.3 Where no formal signing of a contract is required,
purchase order issued to the bidder shall be construed to
be the contract.
43. Performance 43.1 After the receipt of the Letter of Acceptance, the
Security (or successful Bidder, within the specified time, shall deliver
Guarantee) to the Procuring Agency a Performance Security (or
Guarantee) in the amount and in the form stipulated in
the BDS and SCC, denominated in the type and
proportions of currencies in the Letter of Acceptance and
in accordance with the Conditions of Contract.
43.2 If the Performance Security (or Guarantee) is provided by
the successful Bidder and it shall be in the form specified
in the BDS which shall be in any of the following:

(a) certified cheque, cashier’s or manager’s cheque, or

bank draft;

(b) irrevocable letter of credit issued by a Scheduled bank

or in the case of an irrevocable letter of credit issued
by a foreign bank, the letter shall be confirmed or
authenticated by a Scheduled bank;

(c) bank guarantee confirmed by a reputable local bank

or, in the case of a successful foreign Bidder, bonded
by a foreign bank; or

(d) surety bond callable upon demand issued by any

reputable surety or insurance company.

Any Performance Security (or guarantee) submitted shall

be enforceable in Pakistan.
43.3 Failure of the successful Bidder to comply with the
requirement of ITB 43.1 shall constitute sufficient
grounds for the annulment of the award and forfeiture of
the Bid Security, in which event the Procuring Agency
may make the award to the next ranked Bidder or call for
new Bids.
44. Advance 44.1 The advance payment will not be provided in normal
Payment circumstances. However, in case where international
incoterms are involved, the same will be dealt with
standard international practices and in the manner as

48 | P a g e
 prescribed in ITB 44.2.
44.2 The Procuring Agency will provide an Advance Payment
as stipulated in the Conditions of Contract, subject to a
maximum amount, as stated in the BDS. The Advance
Payment request shall be accompanied by an Advance
Payment Security (Guarantee) in the form provided in
Section IX. For the purpose of receiving the Advance
Payment, the Bidder shall make and estimate of, and
include in its Bid, the expenses that will be incurred in
order to commence Delivery of Goods. These expenses
will relate to the purchase of equipment, machinery,
materials, and on the engagement of labor during the first
month beginning with the date of the Procuring Agency’s
“Notice to Commence” as specified in the SCC.
45. Arbitrator 45.1 The Arbitrator shall be appointed by mutual consent of
the both parties as per the provisions specified in the
SCC.
46. Corrupt & 46.1 Procuring Agencies (including beneficiaries of
Fraudulent Government funded projects and procurement) as well
Practices as Bidders/Suppliers/Contractors under Government
financed contracts, observe the highest standard of ethics
during the procurement and execution of such contracts,
and will avoid to engage in any corrupt and fraudulent
practices.

F. GRIEVANCE REDRESSAL & COMPLAINT REVIEW MECHANISM

47. Constitution of 47.1 Procuring agency shall constitute a Grievance Redressal
Grievance Committee (GRC) comprising of odd number of person
Redressal with proper power and authorization to address the
complaint. The GRC shall not have any of the members
of Procurement Evaluation Committee. The committee
must have one subject specialist depending the nature of
the procurement.
48. GRC Procedure 48.1 Any party can file its written complaint against the
eligibility parameters or any other terms and conditions
prescribed in the prequalification or bidding documents
found contrary to provision of Procurement Regulatory
Framework, and the same shall be addressed by the GRC
well before the bid submission deadline.

49 | P a g e
 48.2 Any Bidder feeling aggrieved by any act of the procuring
agency after the submission of his bid may lodge a
written complaint concerning his grievances not later than
seven days of the announcement of technical evaluation
report and five days after issuance of final evaluation
report.
483. In case, the complaint is filed against the technical
evaluation report, the GRC shall suspend the
procurement proceedings.

48.4 In case, the complaint is filed after the issuance of the

final evaluation report, the complainant cannot raise any
objection on technical evaluation of the report:

Provided that the complainant may raise the objection on

any part of the final evaluation report in case where single
stage one envelop bidding procedure is adopted.

48.5 The GRC, in both the cases shall investigate and decide
upon the complaint within ten days of its receipt.
48.6 Any bidder or the procuring agency not satisfied with
the decision of the GRC may file Appeal before the
Appellate Committee of the Authority on prescribed
format after depositing the Prescribed fee.
48.7 The Committee, upon receipt of the Appeal against the
decision of the GRC complete in all respect shall serve
notices in writing upon all the parties to Appeal.

48.8 The committee shall call the record from the concerned
procuring agency or the GRC as the case may be, and the
same shall be provided within prescribed time.

48.9 The committee may after examination of the relevant

record and hearing all the concerned parties, shall decide
the complaint within fifteen (15) days of receipt of the
Appeal.
48.10 The decision of the Committee shall be in writing and
shall be signed by the Head and each Member of the
Committee. The decision of the committee shall be final.

50 | P a g e
 G. MECHANISM OF BLACKLISTING

49. Mechanism of 49.1 The Procuring Agency shall bar for not more than the
Blacklisting time prescribed in Rule-19 of the Public Procurement
Rules, 2004, from participating in their respective
procurement proceedings, bidder or contractor who
either:
i. Involved in corrupt and fraudulent practices as
defined in Rule-2 of Public Procurement Rules;
ii. Fails to perform his contractual obligations; and
iii. Fails to abide by the id securing declaration;
49.2 The show cause notice shall contain: (a) precise
allegation, against the bidder or contractor; (b) the
maximum period for which the Procuring Agency
proposes to debar the bidder or contractor from
participating in any public procurement of the Procuring
Agency; and (c) the statement, if needed, about the
intention of the Procuring Agency to make a request to
the Authority for debarring the bidder or contractor from
participating in public procurements of all the procuring
agencies.

51 | P a g e
49.3 The procuring agency shall give minimum of seven days
to the bidder or contractor for submission of written reply
of the show cause notice
49.4 In case, the bidder or contractor fails to submit written
reply within the requisite time, the Procuring Agency may
issue notice for personal hearing to the bidder or
contractor/ authorize representative of the bidder or
contractor and the procuring agency shall decide the
matter on the basis of available record and personal
hearing, if availed.
49.5 In case the bidder or contractor submits written reply of
the show cause notice, the Procuring Agency may decide
to file the matter or direct issuance of a notice to the
bidder or contractor for personal hearing.

49.6 The Procuring Agency shall give minimum of seven days

to the bidder or contractor for appearance before the
specified officer of the Procuring Agency for personal
hearing. The specified officer shall decide the matter on
the basis of the available record and personal hearing of
the bidder or contractor, if availed
49.7 The procuring Agency shall decide the matter within
fifteen days from the date of personal hearing unless the
personal hearing is adjourned to a next date and in such
an eventuality, the period of personal hearing shall be
reckoned from the last date of personal hearing.
49.8 The Procuring Agency shall communicate to the bidder or
contractor the order of debarring the bidder or contractor
from participating in any public procurement with a
statement that the bidder or contractor may, within thirty
days, prefer a representation against the order before the
Authority.

49.9 Such blacklisting or barring action shall be

communicated by the procuring agency to the Authority
and respective bidder or bidders in the form of decision
containing the grounds for such action. The same shall
be publicized by the Authority after examining the
record whether the procedure defined in blacklisting
and debarment mechanism has been adhered to by the

52 | P a g e
 procuring agency.

49.1 The bidder may file the review petition before the
0 Review Petition Committee Authority within thirty days
of communication of such blacklisting or barring action
after depositing the prescribed fee and in accordance with
“Procedure of filing and disposal of review petition under
Rule-19(3) Regulations, 2021”. The Committee shall
evaluate the case and decide within ninety days of filing
of review petition
49.1 The committee shall serve a notice in writing upon all
1 respondent of the review petition. The notices shall be
accompanied by the copies of review petition and all
attached documents of the review petition including the
decision of the procuring agency. The parties may file
written statements along with essential documents in
support of their contentions. The Committee may pass
such order on the representation may deem fit.

49.1 The Authority on the basis of decision made by the

2 committee either may debar a bidder or contractor from
participating in any public procurement process of all or
some of the procuring agencies for such period as the
deemed appropriate or acquit the bidder from the
allegations. The decision of the Authority shall be final.

53 | P a g e
SECTION III: BID DATA SHEET

54 | P a g e
 Bid Data Sheet (BDS)

The following specific data for the goods to be procured shall complement,
supplement, or amend the provisions in the Instructions to Bidders (ITBs).
Whenever there is a conflict, the provisions herein shall prevail over those in ITBs.

Only registered supplier/service providers who are on Active Taxpayers List (Income
and Sales Tax) of FBR/respective revenue boards are only eligible to supply
goods/provide services to the Commission. Bids of all those who are not registered
with the Federal Board of Revenue/Respective Revenue Boards for Income Tax and Sales
Tax shall be rejected.

In case bidder (if selected) is not in ATL at the time of payment then the payment shall
be stopped till he files his mandatory returns and appears on ATL of FBR OR whole
of the tax involved or as applicable to supplies on the basis of gross value of supplies
shall be deducted

BDS ITB Amendments of, and Supplements to, Clauses in the

Clause Number Instruction to Bidders
Number
A. Introduction
1. 1.1 Name of Procuring Agency: Securities and
Exchange Commission of Pakistan.

The subject of procurement is: Procurement for

Subscription of Watch-Lists Screening Software

Period for delivery of goods: as per Annex A and B

Commencement date for delivery of Goods: within 05 days

after signing the contract/issuance of Purchase Order
2 2.1 & 2.2 Financial year for the operations of the Procuring Agency:
2023-24

Name of Project Procurement for Subscription of Watch-

Lists Screening Software

Name of financing institution: Self

Name and identification number of the Contract:

Procurement for Subscription of Watch-Lists Screening
Software, T#38(ii)/23-24
4. 3.1 Joint venture, consortium or association of companies are
55 | P a g e
 not allowed.
5. 4.1 Ineligible country(s) is or are Israel and India.
6. 4.6 Demonstration of authorization by manufacturer:
Required
B. Bidding Documents

7. 7.2 The number of documents to be completed and

returned is one original and ONLY through EPADS
8. 8.1 The address for clarification of Bidding Documents is
M. Ubaidullah Khalid, Additional Joint Director (Admin)
4th Floor NICL Building, Jinnah Avenue, Blue Area,
Islamabad.
[email protected]
8.5 Pre-bid meeting will not be held.

C. Preparation of Bids

9. 10.1 The Language of all correspondences and documents

related to the Bid is: English
10. 11.1(b) Detail of sample(s) to be submitted with the Bid are:
NA
11. 11.2 (b) Characteristics NA
12. 11.1 (h) In addition to the documents stated in ITB 11, the
following documents must be included with the Bid
Details are given in Annex A and B
13. 12.3 (c) Other procurement specific documentation
requirements are: Details are given in Annex A and B.
14. 12.4 Spare parts required for [specify number of years] of
years of operation.NA
15. 13.3 (b) The qualification criteria required from Bidders in ITB
13.3(b) is modified as follows: [list criteria].

Details are given in Annex A and B

56 | P a g e
 EXW.]
16. 15.6 15.7 For goods/services manufactured from within Pakistan
(a) (iii), (iv) the price quote shall be DDP
(optional)
17. 15.7 (a) (i) NA
& 15.6 (b)
(i)

(ii), (iii)
(optional)
(iv), (v)
(optional)
15.9 The price shall be fixed.
18. 16.1 (a) a) For goods and related services originating in
Pakistan the currency of the Bid shall be Pakistani
Rupees;

b) For goods and related services originating outside

Pakistan, the Bidder shall express its Bid in any
convertible currency.
19. 16.2 For the purposes of comparison of bids quoted in
different currencies, the price shall be converted into a
single currency specified in the bidding documents. The
rate of exchange shall be the selling rate, prevailing on
the date of opening of financial bids specified in the
bidding documents, as notified by the State Bank of
Pakistan on that day.
20. 17.1 The Bid Validity period shall be 120 days.
21. 18.1 The amount of Bid Security shall be Rs.100,000
All bids must be accompanied by a scanned copy of Bid
Security in the form of Banker’s Cheque i.e. Pay Order in
the amount of Rs.100,000. The ORIGINAL Bid Security in
favor of SECP must be submitted to the procuring agency any
time before the closing time of bid submission, failing which the
bid shall be rejected.

The currency of the Bid Security shall be: Pak Rupee

22. 18.3 The Bid Security shall be in the form
of Bankers Cheque i.e Pay Order

57 | P a g e
23. 18.3 (c) Other forms of security are:NA
24. 19.1 Alternative Bids to the requirements of the Bidding
Documents will not be permitted.

235 21.1 The number of copies of the Bid to be completed and

returned shall be ONE and only though EPADS..
26. 21.2 Written confirmation of authorization are:
Details are given in Annex A and B.

D. Submission of Bids

27. 22.2 (a) Bid shall be submitted ONLY through EPADS

28. 22.2 (b) Title of the subject Procurement or Project name:

Procurement for Subscription of Watch-Lists Screening
Software

ITB title and No: Procurement for Subscription of

Watch-Lists Screening Software, T#38(ii)/23-24

Time and date for submission: 1100Hrs on May 09, 2024

29. 23.1 The deadline for Bid submission is

a) Day :Thursday

b) Date: May 09, 2024

c) Time:1100Hrs

E. Opening and Evaluation of Bids

30. 26.1 The Bid opening shall take place at:

Street address: Securities and Exchange

Commission of Pakistan (SECP)

Building/Plot No. 63-NICL Building, Jinnah Avenue Blue

Area, Islamabad, Pakistan

a) Day :Thursday
58 | P a g e
 b) Date: May 09, 2024

c) Time:1130Hrs
31. 32.2 The currency that shall be used for Bid evaluation and
comparison purposes to convert all Bid prices
expressed in various currencies is: [insert the currency]

The source of exchange rate shall be: State Bank of

Pakistan

The date of exchange rate shall be: the date of opening

of financial bids.
32. 35 Evaluation Techniques
Least Cost Based Selection (LCBS)
After meeting the requirements of eligibility,
qualification and substantial responsiveness, the bid in
compliance with all the mandatory (technical)
specifications/requirements and/or requisite quality
threshold (if any), and having lowest evaluated cost (or
financial proposal) shall be considered highest ranked
bid.

33. 33.4 (h) Other specific criteria as per details in Annex A and B

34. 33.5 (a) Inland transportation from EXW/port of entry/border

point to [name of Project site(s)], and insurance and
incidentals.

Bidder shall furnish:

• estimated dimensions and shipping weight of
each package.
• approximate EXW/ Applicable INCOTERM
value of each package.

59 | P a g e
35. 33.5 (b) Delivery schedule. details in Annex A and B

Option
(i)

Option
(ii)

Option
(iii)
36. 33.5 (c) Deviation in payment schedule “is not” applicable.
(ii)

37. 33.5 (d) Cost of spare parts. NA

38. 33.5(e) Spare parts and after sales service facilities in Pakistan.

39. 33.5 (f) NA

40. 33.5 (g) NA

41. 33.5 (h) Specific additional criteria to be used in the evaluation

and their evaluation method or reference to the
Technical Specifications. Details as per Annex A
42. 33.6

NA
43. 34.1 NA

F. Award of Contract
44. 40.1 Percentage for quantity increase or decrease is 15
percentage.
45. 43.1 The Performance Security (or guarantee) shall be
The bid security deposited with the bid.
60 | P a g e
46. 43.2 The Performance Security (or guarantee) shall be in the
form of:Banker’s Cheque i.e Pay Order
47. 44.1 The Advance Payment shall not be made
48. 44.2 NA
49. 45.1 Arbitrator shall be appointed by mutual consent of the
both parties.

G. Review of Procurement Decisions

50. 49.1 The address of the Procuring Agency

Securities and Exchange Commission of Pakistan
(SECP), 4th Floor NICL Building, Jinnah Avenue, Blue Area,
Islamabad.
The Address of PPRA to submit a copy of grievance:

Grievance Redressal Appellate Committee,

Public Procurement Regulatory Authority
1st Floor, G-5/2, Islamabad, Pakistan
Tel: +92-51-9202254

61 | P a g e
 Section IV. Eligible Countries

All the bidders are allowed to participate in the subject procurement without regard to
nationality, except bidders of some nationality, prohibited in accordance with policy of the
Federal Government.

Following countries are ineligible to participate in the procurement process:

1. India
2. Israel

Ministry of Interior, Government of Pakistan has notified List of Business Friendly Countries
(BVL), information can be accessed through following link:

http://www.dgip.gov.pk/Files/Visa%20Categories.aspx#L

62 | P a g e
SECTION V: SCHEDULE OF REQUIREMENTS, TECHNICAL
SPECIFICATIONS

63 | P a g e
 Schedule of Requirements

The delivery schedule expressed as weeks/months stipulates hereafter a delivery date

which is the date of delivery

(i) at DDP

In order to determine the correct date of delivery hereafter specified, the Procuring
Agency has taken into account the additional time that will be needed for international
or national transit to the Project Site or to another common place.

a. Note: Project Completion time may be extended up to two (02) to four (04) weeks, in case of
events beyond the control of bidder and SECP. Vendor shall inform in writing to SECP of
any such event and may request for extension in completion period at least two (02) weeks
prior to the expiry of completion period, otherwise the request for extension will not be
accepted.
b. If any of the supplied item/equipment/service is rejected by SECP’s IS&T department or
user department, vendor shall provide the replacement within the above mentioned delivery
period or within 4 weeks, whichever comes later otherwise LD will be charged as per the
relevant clause.
c. In case the firm fails to complete the project even after the lapse of thirty (30) days after the
expiry of the completion time, SECP reserves the right to cancel the Purchase Order,
confiscate the bid security/performance bond of the firm and may black list the firm.

64 | P a g e
 Technical Specifications

This bidding document has been prepared by using non-proprietary terminologies however, if bidder
found any proprietary term in the document then bidder should propose equivalent functionality with
detailed description. The feature mentioned in bidding document must be part of the proposed solution.
Wherever the word ‘Must’ is stated in this document, it means that the supported feature must be part
of the proposed solution/item without requirement of any additional module/license/software.

IMPORTANT NOTE: Vendor must provide OEM datasheet reference against each required feature
and specifications (Document Name, Section, and page number is mandatory). If desire feature or
specification is not mentioned in datasheet, in that case verifiable documentary proof from
OEM/Principal can be presented in the form of OEM/Principal letter or EMAIL directly addressed to
the SECP.

STATEMENT OF WORK (SOW) - Subscription of Watch-Lists Screening Software for the Securities and
Exchange Commission of Pakistan (SECP)

A. BACKGROUND

There are many watch-lists against which an organization may, for regulatory or risk purposes, be required
to screen individuals and entities when initiating a business relationship. These include sanctions lists
published by governments or economic, political, and law enforcement bodies, lists published by
commercial sources, such as politically exposed person (PEP) lists, etc.

Like commercial organizations, regulatory authorities including corporate registries may also need to
deploy watch-lists screening software to verify the credentials of the individuals and entities being
inducted in the formal corporate sector, and effectively meet their Targeted Financial Sanctions
obligations as per Financial Action Task Force (FATF) recommendations and other international
standards.

Sanctions lists contain entries of debarred individuals or entities due to involvement in criminal activity
such as money laundering, international terrorism, and financial crime. Sanctions lists may also include
lists of embargoed countries.

PEP lists contain entries of high-profile (and often high-value) public figures, such as business leaders,
prominent social figures, and members of political parties. Due to their position in society, their political
position, or associations and relationships with other high-profile parties, PEPs may be subject to potential
bribery or misuse their power and influence for personal gain or financial advantage.

B. OBJECTIVE

The objective of the invitation is to stipulate the deliverables & evaluation criteria of the potential
contractor for the provision of Watch-lists Screening Software Subscription for SECP.

C. SCOPE OF WORK
Contractor must have a readily available Watch-Lists Screening software that conforms to international
best practices, and which the Contractor can modify to meet the specific requirements of SECP.

The Project is organized in following tasks:

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 Task 1: Watch-Lists Screening Software Subscription with support for the provision of below
mentioned services to SECP with reference to “Functional Requirements” defined in Part
“E”.
• Batch Processing for bulk data screening
• Search interface for Watch-lists screening of individuals/entities
• API for integration with SECP internal systems

Task 2: Training. knowledge transfer and support to SECP staff.

Note: All software based items containing installation and configuration and end user orientation is
responsibility of the supplier (if support is not provided by the Principal).

D. IMPLEMENTATION AND DELIVERABLES

Deliverables and standards of performance for each task are as follows:

Task 1: Enablement of Watch-Lists Screening Software Subscription

a. Within 10 working days after signing of the contract, Contractor will configure users, provide training
to users (business/admin) for effective usage of functionality required in part E, provide API
documentation for internal systems integration for Watch-Lists Screening Software.

Task 2: Training and Knowledge transfer

a. Provide training for successful knowledge transfer to SECP for effective use of watch-lists screening
software.
b. Provide user manual, Help, and other instructions in English.

c. During the period of support provided under the contract, Contractor shall provide a means by which
SECP can reach Contractor for technical support within two (2) hours in the event of an interruption
of Watch-Lists Screening functioning due to a fault in the application software. In such case,
Contractor will define the problem and respond to SECP with an expected resolution within two (2)
hours thereafter.
E. FUNCTIONAL REQUIREMENTS

1. Watch-Lists Data Sources and Data Quality

1.1- The proposed solution must cover the data sources related to UNSC, NACTA, Global
sanctions, OFAC, local enforcements lists including but not limited to, FIA etc., extensive PEP
coverage, profiled adverse media and State Owned Companies.
1.2- The proposed solution must cover notifications and SROs regularly issued by local regulatory
authorities including NACTA, NAB, FIA, Provincial and Federal Home Ministries, and Tribal
Affairs Departments.
1.3- The proposed solution must offer the flexibility to add other new lists/data sources in order to
meet the future screening requirements of SECP.
1.4- Maximum possible time (24 hours) for data to be uploaded/updated is desirable for all critical
watch-lists with maximum data points to comprehensively provide coverage in terms of
summary of intelligence, portrait photo (if available), connections to family members and
business partners and more.

2. Batch Processing for Bulk Data Screening

2.1- Bulk data will be uploaded for screening to be performed on multiple parameters for matching
individuals or entities against entries on various watch-lists, batch processing is required for
screening of large files on requisite frequency.
2.2- Provision to review of batch run and re-process in case of errors.
2.3- Provide maximum data points for each match found.
66 | P a g e
 2.4- To maximize efficiency and traceability, case management capabilities and complete audit trail
of alerts is required for each match found.
2.5- Configuration of filters to eliminate false positives and avoid over-alerting.

3. Search Interface for Watch-Lists Screening of individuals/entities

3.1- Provide easy to use client interface for search results/screening global sanctions and
enforcement lists, extensive PEP coverage, profiled adverse media and State Owned
Companies.
3.2- Capability to screen the existing Shareholder/directors/officers against locally proscribed and
UNSC designated individuals and entities, including associates based on parameters including
but not limited to CNIC/Passport No. where available.
3.3- Screens foreign nationals being inducted in local companies or even as officers of foreign
companies against non-compliance with the relevant laws in their country of origin.
3.4- Generate results that are meaningful and actionable with case management capability along
with audit trail of case processing.

4. API for integration with internal systems

4.1- Flexible API enablement for integration with SECP internal systems for effectiveness in
internal processing to perform screening activity comprehensively by SECP user.
4.2- The proposed solution must provide the on-screen display of maximum data points for each
successful match found as a result of API call.
4.3- The proposed solution must record complete audit trail of API calls to enable the administrator
in tracing the specific call with complete details regarding internal user and API parameters.
4.4- API calls monitoring and reporting dashboard providing stats for usage confirmation and
performance.

5. Admin Console

5.1- User management for creation/activation/revocation of users and rights.

5.2- Provision of user manual, Help, FAQ, and other instructions in English.

6. Domestic Deployment

6.1- All solution components, including but not limited to hardware, software, and data, must be
installed, stored, and maintained within the geographical boundaries of Pakistan.

67 | P a g e
SECTION VI: STANDARD FORMS

68
 B. STANDARD FORMS FOR
(Single Stage Two Envelope Procedure)

Table of Forms

Letter of Bid – Technical Proposal and Form Prescribes in Annexures

Letter of Bid - Financial Proposal Bidder Information Form
Price Schedule: Goods Manufactured Outside Pakistan, already imported
Price and Completion Schedule - Related Services
Owners Information
Declaration of Ultimate Beneficial
Owners Information
Manufacturer’s Authorization

69
 Letter of Bid – Technical Proposal
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE
COMPLETED THE DOCUMENT
Place this Letter of Bid in the first envelope “TECHNICAL PROPOSAL”.

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and business address.

Note: All italicized text in black font is to help Bidders in preparing this form and Bidders
shall delete it from the final document.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Procuring Agency]

We, the undersigned Bidder, hereby submit our Bid, in two parts, namely:
(a) the Technical Proposal, and
(b) the Financial Proposal.

In submitting our Bid we make the following declarations:

(a) No reservations: We have examined and have no reservations to the bidding
document, including addenda issued in accordance with Instructions to Bidders
(ITB 9);
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest
in accordance with ITB 3;
(c) Bid/Proposal-Securing Declaration: We have not been suspended nor declared
ineligible by the Procuring Agency based on execution of a Bid Securing
Declaration or Proposal Securing Declaration in the Procuring Agency’s country
in accordance with ITB 4;
(d) Conformity: We offer to supply in conformity with the bidding document and
in accordance with the Delivery Schedules specified in the Schedule of
Requirements the following Goods: [insert a brief description of the Goods and Related
Services];
(e) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 17.1
(as amended, if applicable) from the date fixed for the Bid submission deadline

70
 specified in BDS 23.1 (as amended, if applicable), and it shall remain binding
upon us, and may be accepted at any time before the expiration of that period;
(f) Performance Security: If our Bid is accepted, we commit to obtain a
performance security in accordance with the bidding document;
(g) One Bid per Bidder: We are not submitting any other Bid(s) as an individual
Bidder, and we are not participating in any other bid(s) as a Joint Venture member
or as a subcontractor, and meet the requirements, other than Alternative Bids
submitted in accordance with ITB 19;
(h) Suspension and Debarment: We, along with any of our subcontractors,
suppliers, consultants, manufacturers, or service providers for any part of the
contract, are not subject to, and not controlled by any entity or individual that is
subject to, a temporary suspension or a debarment imposed by the Procuring
Agency. Further, we are not ineligible under Pakistan laws;
(i) State-owned enterprise or institution: [select the appropriate option and delete the
other] [We are not a state-owned enterprise or institution] / [We are a state-owned
enterprise or institution but meet the requirements of ];
(j) Binding Contract: We understand that this Bid, together with your written
acceptance thereof included in your Letter of Acceptance, shall constitute a
binding contract between us, until a formal contract is prepared and executed;
(k) Not Bound to Accept: We understand that you are not bound to accept the the
Most Advantageous Bid or any other Bid that you may receive; and
(l) Fraud and Corruption: We hereby certify that we have taken steps to ensure
that no person acting for us, or on our behalf, engages in any type of Fraud and
Corruption.

Name of the Bidder: *[insert complete name of Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **
[insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of
attorney shall be attached with the Bid Schedules.

71
 Letter of Bid - Financial Proposal
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE
COMPLETED THE DOCUMENT
Place this Letter of Bid - Financial Proposal in the second envelope marked “FINANCIAL
PROPOSAL”.

The Bidder must prepare the Letter of Bid - Financial Proposal on stationery with its
letterhead clearly showing the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
No.: [insert number of bidding process]
Name of Project.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Procuring Agency]

We, the undersigned Bidder, hereby submit the second part of our Bid, the Financial
Proposal

In submitting our Financial Proposal we make the following additional declarations:

(a) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 17.1
(as amended, if applicable) from the date fixed for the bid submission deadline
specified in BDS 23.1 (as amended, if applicable), and it shall remain binding
upon us and may be accepted at any time before the expiration of that period;
(b) Total Price: The total price of our Bid, excluding any discounts offered in item
(c) below is:

In case of only one lot, the total price of the Bid is [insert the total price of the bid in
words and figures, indicating the various amounts and the respective currencies];

In case of multiple lots, the total price of each lot is [insert the total price of each lot
in words and figures, indicating the various amounts and the respective currencies];

In case of multiple lots, total price of all lots (sum of all lots) [insert the total price
of all lots in words and figures, indicating the various amounts and the respective
currencies];

(c) Discounts: The discounts offered and the methodology for their application are:

72
 (i) The discounts offered are: [Specify in detail each discount offered]

(ii) The exact method of calculations to determine the net price after application
of discounts is shown below: [Specify in detail the method that shall be used to
apply the discounts];

(d) Commissions, gratuities and fees: We have paid, or will pay the following
commissions, gratuities, or fees with respect to the bidding process or execution
of the Contract: [insert complete name of each Recipient, its full address, the reason for
which each commission or gratuity was paid and the amount and currency of each such
commission or gratuity].

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

(e) Binding Contract: We understand that this Bid, together with your written
acceptance thereof included in your Letter of Acceptance, shall constitute a
binding contract between us, until a formal contract is prepared and executed.

Name of the Bidder:*[insert complete name of the Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **
[insert complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.

**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of
attorney shall be attached with the Bid Schedules.

73
 Bidder Information Form
[The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid submission]
No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

Page of_ pages

1. Bidder’s Name [insert Bidder’s legal name]

2. In case of JV, legal name of each member : [insert legal name of each member in JV]

3. Bidder’s actual or intended country of registration: [insert actual or intended country

of registration]

4. Bidder’s year of registration: [insert Bidder’s year of registration]

5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of

registration]

6. Bidder’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
 Articles of Incorporation (or equivalent documents of constitution or
association), and/or documents of registration of the legal entity named above.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB
3.4.
 Establishing that the Bidder is not under the supervision of the Procuring
Agency
8. Included are the organizational chart, a list of Board of Directors, and the
beneficial ownership.

74
 Declaration of Ultimate Beneficial Owners Information
Bidders are required to submit the subject declaration as per following format.

1. Name
2. Father’s Name/Spouse’s Name
3. CNIC/NICOP/Passport No.
4. Nationality
5. Residential address
6. Email address
7. Date on which shareholding, control or interest acquired in the business.
8. In case of indirect shareholding, control or interest being exercised through intermediary
companies, entries or other legal persons or legal arrangements in the chain of ownership or
control, following additional particulars to be provided.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Legal form (company Percentage Percentage of Identity of
Date of Incorporation/Registration

/ Limited of Shareholding, natural

Name of Registering Authority

liability Shareholdin control or person who

Partnership/Ass g, control or interest of legal ultimately
Business Address

ociation interest of person or legal owns or

Email Address

of Persons/Singl BO in the arrangement in controls the

Country

e Member legal person the Company legal person

Company/partn or legal or
ershp arrangement arrangement
Firm/Trust/Any
other
individual, body
Name

corporate (to be speci

fied)

9. Information about the Board of Directors (details shall be provided regarding number of shares in
the capital of the company as set opposite respective names).

1. 2. 3. 4. 5. 6. 7. 8.
Name CNIC Father’s/Husband Current Any other Residential address Name of
and No.(in ‘s Name in Full Nationality Nationality(ies) in full or the shares
Surname case of registered/principal taken by
Occupation

(in Block foreigner, office addres for a cash

Letters Passport sunscribers other subscribe(in
No. than natural person figures and
words)

Total numbers of shares taken (in figures and words)

10. Any other information incidental to or relevant to Beneficial Owner(s)

Name and Signature

(Person authorized to issue notice on behalf of company)
75 | P a g e
 Price Schedule Forms
[The Bidder shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List
of Goods and Related Services specified by the Purchaser in the Schedule of Requirements.]

76 | P a g e
 FINANCIAL PROPOSAL – FORM 5

SUBSCRIPTION OF WATCH-LISTS SCREENING SOFTWARE

FOR THE SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN (SECP)

PRICE SCHEDULE

The Contractor shall complete the matrix below by providing prices for the services to be provided under
this invitation. The resulting contract shall be a fixed price.
Watch-lists Screening Software Subscription with Support

Quoted Per Quoted Per Quoted Per

Month Month Month
Charges for Charges for Charges for
1st Year 2nd Year 3rd Year
Sr. # Criteria Usage (Incl. (Incl. (Incl.
applicable applicable applicable
taxes) (Rs.) taxes) (Rs.) taxes) (Rs.)
A B C

Search interface for 30 users to perform

1. Watch-lists 5000 - 8000
screening searches per month

API for integration

5,000 calls per
2. with internal
month
systems

Bulk data screening

3. Batch Processing of approx. 01
million records
Total Quoted Monthly Charges for Each
Year - Enablement, Training, Usage and
Sum of Sum of Sum of
4. Support (as per Table A above) for
(A1-A3) (B1-B3) (C1-C3)
Watch-Lists Screening Software
Subscription.

5. Quoted Total Price per Year 12 x A4 12 x B4 12 x C4

Total Bid Price/Total Quoted Charges for

3 Year - Enablement, Training, Usage
6. and Support (Sum of S. No.5 above) for Sum of (S. No. A5-C5)
Watch-Lists Screening Software
Subscription.
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Note:

1. The bidders compliant to MANDATORY Requirement, MUST submit a compliance sheet against
all requirements mentioned in the technical evaluation criteria.
2. Bids NOT in compliance with any MUST requirements/items in the evaluation criteria will NOT
be evaluated.
3. Bid found in compliance of the mandatory/MUST requirements in technical evaluation and quoting
lowest Total Bid Price (Rs.) shall be awarded the contract.

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 Manufacturer’s Authorization
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be on the letterhead of the
Manufacturer and should be signed by a person with the proper authority to sign documents
that are binding on the Manufacturer. The Bidder shall include it in its Bid, if so indicated in the
BDS.]

Date: [insert date (as day, month and year) of Bid submission]
No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Procuring Agency]

WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of
goods manufactured], having factories at [insert full address of Manufacturer’s factories],
do hereby authorize [insert complete name of Bidder] to submit a Bid the purpose of which
is to provide the following Goods, manufactured by us [insert name and or brief description
of the Goods], and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 28 of the
General Conditions of Contract, with respect to the Goods offered by the above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Dated on _ day of , [insert date of

signing]

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SECTION VII: GENERAL CONDITIONS OF THE CONTRACT

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 GENERAL CONDITIONS OF THE CONTRACT (GCC)

1. Definitions 1.1 The following words and expressions shall have the
meanings hereby assigned to them:
a) “Authority” means Public Procurement Regulatory
Authority.

b) The “Arbitrator” is the person appointed with mutual

consent of both the parties, to resolve contractual
disputes as provided for in the General Conditions of
the Contract GCC Clause 31 hereunder.
c) The “Contract” means the agreement entered into
between the Procuring Agency and the Supplier, as
recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and
all documents incorporated by reference therein.
d) The “Commencement Date” is the date when the
Supplier shall commence execution of the contract as
specified in the SCC.
e) “Completion” means the fulfillment of the related
services by the Supplier in accordance with the terms
and conditions set forth in the contract.
f) “Country of Origin” means the countries and
territories eligible under the PPRA Rules 2004 and its
corresponding Regulations as further elaborated in the
SCC.
g) The “Contract Price” is the price stated in the Letter of
Acceptance and thereafter as adjusted in accordance
with the provisions of the Contract.
h) “Defective Goods” are those goods which are below
standards, requirements or specifications stated by the
Contract.
i) “Delivery” means the transfer of the goods from the
supplier equipment, machinery, and /or other
materials which the Supplier is required to supply to
the Procuring Agency under Contract.
j) “Effective Contract date” is the date shown in the
Certificate of Contract Commencement issued by the
Procuring Agency upon fulfillment of the conditions

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 precedent stipulated in GCC Clause 3.
k) “Procuring Agency” means the person named as
Procuring Agency in the SCC and the legal successors
in title to this person, procuring the Goods and related
service, as named in SCC.
l) “Related Services” means those services ancillary to
the delivery of the Goods, such as transportation and
insurance, and any other incidental services, such as
installation, commissioning, provision of technical
assistance, training, initial maintenance and other
such obligations of the Supplier covered under the
Contract.
m) “GCC” means the General Conditions of Contract
contained in this section.
n) “Intended Delivery Date” is the date on which it is
intended that the Supplier shall effect delivery as
specified in the SCC.
o) “SCC” means the Special Conditions of Contract.
p) “Supplier” means the individual private or
government entity or a combination of the above
whose Bid to perform the contract has been accepted
by the Procuring Agency and is named as such in the
Contract Agreement, and includes the legal successors
or permitted assigns of the supplier and shall be
named in the SCC.
q) “Project Name” means the name of the project stated
in SCC.
r) “Day” means calendar day.
s) “Eligible Country" means the countries and territories
eligible for participation in accordance with the policies
of the Federal Government.
t) “End User" means the organization(s) where the
goods will be used, as named in the SCC.
u) “Origin” means the place where the Goods were
mined, grown, or produced or from which the Services
are supplied. Goods are produced when, through
manufacturing, processing, or substantial and major
assembly of components, a commercially
recognized new produce results that is substantially

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 different in basic characteristics or in purpose or
utility from its components.
v) “Force Majeure” means an unforeseeable event which
is beyond reasonable control of either Party and which
makes a Party’s performance of its obligations under
the Contract impossible or so impractical as to be
considered impossible under the circumstances.

For the purposes of this Contract, “Force Majeure”

means an event which is beyond the reasonable
control of a Party, is not foreseeable, is unavoidable,
and its origin is not due to negligence or lack of care
on the part of a Party, and which makes a Party’s
performance of its obligations hereunder impossible
or so impractical as reasonably to be considered
impossible in the circumstances. and includes, but is
not limited to, war, riots, civil disorder, earthquake,
fire, explosion, storm, flood, epidemics, or other
adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts
or other industrial action are within the power of the
Party invoking Force Majeure to prevent), confiscation
or any other action by Government agencies.
w) “Specification” means the Specification of the Goods
and performance of incidental services in accordance
with the relevant standards included in the Contract
and any modification or addition made or approved
by the Procuring Agency.
x) The Supplier's Bid is the completed Bid document
submitted by the Supplier to the Procuring Agency.

2. Application 2.1 These General Conditions shall apply to the extent that they
and are not superseded by provisions of other parts of the
interpretatio Contract.
n

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 2.2 In interpreting these Conditions of Contract headings and
marginal notes are used for convenience only and shall not
affect their interpretations unless specifically stated;
references to singular include the plural and vice versa; and
masculine include the feminine. Words have their ordinary
meaning under the language of the Contract unless
specifically defined.
2.3 The documents forming the Contract shall be interpreted in
the following order of priority:

(1) Form of Contract,

(2) Special Conditions of Contract,
(3) General Conditions of Contract,
(4) Letter of Acceptance,
(5) Certificate of Contract Commencement
(6) Specifications
(7) Contractor's Bid, and
(8) Any other document listed in the Special Conditions of
Contract as forming part of the Contract.
3. Conditions 3.1 Having signed the Contract, it shall come into effect on the
Precedent date on which the following conditions have been satisfied: -

a) Submission of performance Security (or guarantee) in

the form specified in the SCC;

b) Furnishing of Advance Payment Unconditional

Guarantee.

3.2 If the Condition precedent stipulated on GCC Clause 3.1 is

not met by the date specified in the SCC this contract shall
not come into effect;

3.3 If the Procuring Agency is satisfied that each of the

conditions precedent in this contract has been satisfied
(except to the extent waved by him, but subject to such
conditions as he shall impose in respect of such waiver) he
shall promptly issue to the supplier a certificate of Contract
commencement, which shall confirm the start date.

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4. Governing 4.1 The Contract as all correspondence and documents relating
Language to the contract exchanged by the Supplier and the Procuring
Agency shall be written in the language specified in SCC.
Subject to GCC Clause 3.1, the version of the Contract
written in the specified language shall govern its
interpretation.
5. Applicable 5.1 The contract shall be governed and interpreted in
Law accordance with the laws of Pakistan, unless otherwise
specified in SCC.
6. Country of 6.1 The origin of Goods and Services may be distinct from the
Origin nationality of the Supplier.
7. Standards 7.1 The Goods supplied under this Contract shall conform to
the standards mentioned in the Technical Specifications, and,
when no applicable standard is mentioned, the American
Standards (such as ACI, IEEE, ASME, etc.) or the Pakistani
standards such as PSQCA Such standards shall be the latest
issued by the concerned institution.
8. Use of 8.1 The Supplier shall not, without the Procuring Agency’s prior
Contract written consent, disclose the Contract, or any
Documents provision thereof, or any specification, plan, drawing,
and
pattern, sample, or information furnished by or on behalf of
Information;
Inspection the Procuring Agency in connection therewith, to any
and Audit by person other than a person employed by the Supplier in the
the performance of the Contract. Disclosure to any such
Government employed person shall be made in confidence and shall
of Pakistan
extend only as far as may be necessary for purposes of such
performance.
8.2 The Supplier shall not, without the Procuring Agency’s prior
written consent, make use of any document or information
enumerated in GCC Clause 7.1 except for purposes of
performing the Contract.
8.3 Any document, other than the Contract itself, enumerated in
GCC Clause 7.1 shall remain the property of the Procuring
Agency and shall be returned (all copies) to the Procuring
Agency on completion of the Supplier’s performance under
the Contract if so required by the Procuring Agency.

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 8.4 The Supplier shall permit the Government of Pakistan or /
and donor agencies involved in financing the project to
inspect the Supplier’s accounts and records relating to the
performance of the Supplier and to have them audited by
auditors appointed by the Government of Pakistan or / and
the appropriate donor agencies, if so required by the
Government of Pakistan or / and the appropriate donor
agencies.
9. Patent and 9.1 The Supplier shall indemnify the Procuring Agency against
Copy Rights all third-party claims of infringement of patent, trademark,
or industrial design rights arising from use of the Goods or
any part thereof in Pakistan.
9.2 The patent right in all drawings, documents, and other
materials containing data and information furnished to the
Procuring Agency by the Supplier herein shall remain
vested in the supplier, or, if they are furnished to the
Procuring Agency directly, or through the Supplier by any
third party, including suppliers of materials, the patent right
in such materials shall remain vested in such third party.
10. Performance 10.1 The Performance Security (or Guarantee) shall be provided
Security (or to the Procuring Agency no later than the date specified in
Guarantee) the Letter of Acceptance and shall be issued in an amount
and form and by a bank or surety acceptable to the
Procuring Agency, and denominated in the types and
proportions of the currencies in which the Contract Price is
payable as specified in the SCC.
10.2 The proceeds of the Performance Security (or Guarantee)
shall be payable to the Procuring Agency as compensation
for any loss resulting from the Supplier’s failure to complete
its obligations under the Contract.
10.3 The Performance Security (or Guarantee) shall be in one of
the following forms:
a) A bank guarantee, an irrevocable letter of credit
issued by a reputable bank, or in the form provided
in the Bidding Documents or another form acceptable
to the Procuring Agency; or
b) A cashier’s or certified check.

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 10.4 The performance security (or guarantee) will be discharged
by the Procuring Agency and returned to the Supplier not
later than thirty (30) days following the date of completion
of the Supplier’s performance obligations under the
Contract, including any warranty obligations, unless
otherwise specified in SCC.
11. Inspections 11.1 The Procuring Agency or its representative shall have the
and Test right to inspect and /or to test the Goods to confirm their
conformity to the Contract specifications at no extra cost to
the Procuring Agency. SCC and the Technical Specifications
shall specify what inspections and tests the Procuring
Agency shall notify the Supplier in writing or in electronic
forms that provide record of the content of communication,
in a timely manner, of the identity of any representatives
retained for these purposes.
11.2 The inspections and tests may be conducted on the premises
of the Supplier or its subcontractor(s), at point of delivery,
and/or at the Goods’ final destination. If conducted on the
premises of the Supplier or its subcontractor(s), all
reasonable facilities and assistance, including access to
drawings and production data, shall be furnished to the
inspectors at no charge to the Procuring Agency.
11.3 Should any inspected or tested Goods fail to conform to the
Specifications, the Procuring Agency may reject the Goods,
and the Supplier shall replace the rejected Goods to meet
specification requirements free of cost to the Procuring
Agency.
11.4 The Procuring Agency’s right to inspect, test and, where
necessary, reject Goods after the Goods’ arrival in the
Procuring Agency’s country shall in no way be limited or
eared by reason of the Goods having previously been
inspected, tested, and passed by the Procuring Agency or its
representative prior to the Goods’ shipment from the
country of origin.
11.5 Nothing in GCC Clause 10 shall in any way release the
supplier from any warranty or other obligations under this
Contract.

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12. Packing 12.1 The supplier shall provide such packing of the Goods as is
required to prevent their damage or deterioration during
transit to their final destination, as indicated in the Contract.
The packing shall be sufficient to withstand, without
limitation, rough handling during transit and exposure to
extreme temperatures, salt and precipitation during transit,
and open storage. Packing case size and weights 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.
12.2 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, including additional requirements, if any,
specified in SCC, and in any subsequent instructions
ordered by the Procuring Agency.
13. Delivery and 13.1 Delivery of the Goods shall be made by the Supplier in
Documents accordance with the terms specified in the Schedule of
Requirements. The details of shipping and or other
documents to be furnished by the Supplier as specified in
SCC.
13.2 For purposes of the Contract, “EXW”, “FOB”, “FCA”, “CIF”,
“CIP,” and other trade terms used to describe the
obligations of the parties shall have the meanings assigned
to them by the current edition of INCOTERMS published by
the International Chamber of Commerce, Paris.
13.3 Documents to be submitted by the Supplier are specified in
SCC.
14. Insurance 14.1 The Goods supplied under the Contract shall be fully
insured in a freely convertible currency against loss or
damage incidental to manufacture or acquisition,
transportation, storage, and delivery in the manner specified
in the SCC.

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15. Transportati 15.1 Where the Supplier is required under Contract to deliver the
on Goods FOB, transport of the Goods, up to and including the
point of putting the Goods on board the vessel at the
specified port of loading, shall be arranged and paid for by
the Supplier, and the cost thereof shall be included in the
Contract Price. Where the Supplier is required under the
Contract to deliver the Goods FCA, transport of the Goods
and delivery into the custody of the carrier at the place
named by the Procuring Agency or other agreed point shall
be arranged and paid for by the Supplier, and the cost thereof
shall be included in the Contract Price.
15.2 Where the Supplier is required under Contract to deliver the
Goods CIF or CIP, transport of the Goods to the port of
destination or such other named place of destination in
Pakistan, as shall be specified in the Contract, shall be
arranged and paid for by the Supplier, and the cost thereof
shall be included in the Contract Price.
15.3 Where the Supplier is required under the Contract to
transport the Goods to a specified place of destination
within Pakistan, defined as the Project Site, transport to such
place of destination in Pakistan, including insurance and
storage, as shall be specified in the Contract, shall be
arranged by the Supplier, and related costs shall be included
in the Contract Price.
16. Related 16.1 The Supplier may be required to provide any or all of the
Services following services, including additional services, if any,
specified in SCC:
a) Performance or supervision of on-site assembly,
Installation Commissioning and/or start-up of the
supplied Goods;
b) Furnishing of tools required for assembly and/or
maintenance of the supplied Goods;
c ) Furnishing of a detailed operations and maintenance
manual for each appropriate unit of the supplied
Goods;
d) Performance or supervision or maintenance and/or
repair of the supplied Goods, for a period of time
agreed by the parties, provided that this service shall
not relieve the Supplier of any warranty obligations

89 | P a g e
 under this Contract; and
e) Training of the Procuring Agency’s personnel, at the
Supplier’s plant and/or on-site, in assembly, start-
up, operation, maintenance, and/or repair of the
supplied Goods.
16.2 Prices charged by the Supplier for related services, if not
included in the Contract Price for the Goods, shall be agreed
upon in advance by the parties and shall not exceed the
prevailing rates charged to other parties by the Supplier for
similar services.
17. Spare Parts 17.1 As specified in SCC, the Supplier may be required to
provide any or all of the following materials, notifications,
and information pertaining to spare parts manufactured or
distributed by the Supplier:
a) Such spare parts as the Procuring Agency may elect
to purchase from the Supplier, provided that this
election shall not relieve the Supplier of any
warranty obligations under the Contract; and
b) In the event of termination of production of the spare
parts:
i) advance notification to the Procuring Agency
of the pending termination, in sufficient time
to permit the Procuring Agency to procure
needed requirements; and

ii) following such termination, furnishing at no

cost to the Procuring Agency, the blueprints,
drawings, and specifications of the spare parts,
if requested.

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18. Warranty/ 18.1 The Supplier warrants that the Goods supplied under the
Defect Contract are new, unused, of the most recent or current
Liability models and that they incorporate all recent improvements in
Period
design and materials unless provided otherwise in the
Contract. The Supplier further warrants that all Goods
supplied under this Contract shall have no defect, arising
from design, materials, or workmanship (except when the
design and/or material is required by the Procuring Agency,
specifications) or from any act or omission of the Supplier,
that may develop under normal use of the supplied Goods
in the conditions prevailing in Pakistan.
18.2 This warranty shall remain valid for a period specified in
the SCC after the Goods, or any portion thereof as the case
may be, have been delivered to and accepted at the final
destination indicated in the Contract, or for a period
specified in the SCC after the date of shipment from the port
or place of loading in the source country, +whichever period
concludes earlier, unless specified otherwise in SCC.
18.3 The Procuring Agency shall promptly notify the Supplier in
writing or in electronic forms that provide record of the
content of communication of any claims arising under this
warranty.
18.4 Upon receipt of such notice, the Supplier shall, within the
period specified in SCC and with all reasonable speed,
repair or replace the defective Goods or parts thereof,
without costs to the Procuring Agency other than, where
applicable, the cost of inland delivery of the repaired or
replaced Goods or parts from EXW or the port or place of
entry to entry to the final destination.
18.5 If the Supplier, having been notified, fails to remedy the
defect(s) within the period specified in SCC, the Procuring
Agency may proceed to take such remedial action as may be
necessary, at the Supplier’s risk and expense and without
prejudice to any other rights which the Procuring Agency
may have against the Supplier under the Contract.
19. Payment 19.1 The method and conditions of payment to be made to the
Supplier under this Contract shall be specified in SCC.

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 19.2 The Supplier’s request(s) for payment shall be made to the
Procuring Agency in writing or in electronic forms that
provide record of the content of communication,
accompanied by an invoice describing, as appropriate, the
Goods delivered and Services performed, and by documents
submitted pursuant to GCC Clause 13, and upon fulfillment
of other obligations stipulated in the Contract.
19.3 Payments shall be made promptly by the Procuring Agency,
within sixty (60) days after submission of an invoice or claim
by the Supplier. If the Procuring Agency makes a late
payment, the Supplier shall be paid interest on the late
payment. Interest shall be calculated from the date by which
the payment should have been made up to the date when the
late payment is made at the rate as specified in the SCC.

19.4 The currency or currencies in which payment is made to the

Supplier under this Contract shall be specified in SCC
subject to the following general principle: payment will be
made in the currency or currencies in which the payment
has been requested in the Supplier’s Bid.
19.5 All payments shall be made in the currency or currencies
specified in the SCC pursuant to GCC Clause 19.4
20. Prices 20.1 The contract price shall be as specified in the Contract
Agreement Subject to any additions and adjustments thereto
or deductions there from, as may be made pursuant to the
Contract.
20.2 Prices charged by the Supplier for Goods delivered and
Services performed under the Contract shall not vary from
the prices quoted by the Supplier in its Bid, with the
exception of any price adjustments authorized in SCC or in
the Procuring Agency’s request for Bid Validity extension,
as the case may be.
21. Change 21.1 The Procuring Agency may at any time, by a written order
Orders given to the Supplier pursuant to GCC Clause 22, make
changes within the general scope of the Contract in any one
or more of the following:
a) Drawings, designs, or specifications, where Goods to
be furnished under the Contract are to be specifically
manufactured for the Procuring Agency;

92 | P a g e
 a) The method of shipment or packing;
b) The place of delivery; and/or
c) The Services to be provided by the Supplier.
21.2 If any such change causes an increase or decrease in the cost
of, or the time required for, the Supplier’s performance of
any provisions under the Contract 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 Supplier for adjustment under this clause
must be asserted within thirty (30) days from the date of the
Supplier’s receipt of the Procuring Agency change order.
21.3 Prices to be charged by the supplier for any related services
that might be needed but which were not included in the
Contract shall be agreed upon in advance by the Parties and
shall not exceed the prevailing rates charged to other parties
by the Supplier for similar services.
22. Contract 22.1 Subject to GCC Clause 20, no variation in or modification of
Amendments the terms of the Contract shall be made except by written
amendment signed by the parties.
23. Assignment 23.1 Neither the Procuring Agency nor the Supplier shall assign,
in whole or in part, obligations under this Contract, except
with the prior written consent of the other party.
24. Sub- 24.1 The Supplier shall consult the Procuring Agency in the event
contracts of subcontracting under this contract if not already specified
in the Bid. Subcontracting shall not alter the Supplier's
obligations.
24.2 Subcontracts must comply with the provision of GCC Clause
5.
25. Delays in the 25.1 Delivery of the Goods and performance of Services shall be
Supplier’s made by the Supplier in accordance with the time schedule
Performance prescribed by the Procuring Agency in the Schedule of
Requirements.

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 25.2 If at any time during performance of the Contract, the
Supplier or its subcontractor(s) should encounter conditions
impeding timely delivery of the Goods and performance of
Services, the Supplier shall promptly notify the Procuring
Agency in writing or in electronic forms that provide record
of the content of communication of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after
receipt of the Supplier’s notice, the Procuring Agency shall
evaluate the situation and may at its discretion extend the
Supplier’s time for performance, with or without liquidated
damages, in which case the extension shall be ratified by the
parties by amendment of Contract.
25.3 Except as provided under GCC Clause 28, a delay by the
Supplier in the performance of its delivery obligations shall
render the Supplier liable to the imposition of liquidated
damages pursuant to GCC Clause 26, unless an extension of
time is agreed upon pursuant to GCC Clause 25.2 without
the application of liquidated damages.

26. Liquidated 26.1 Subject to GCC Clause 28, if the Supplier fails to deliver any
Damages or all of the Goods or to perform the Services within the
period(s) specified in the Contract, the Procuring Agency
shall, without prejudice to its other remedies under the
Contract, deduct from the Contract Price, as liquidated
damages, a sum equivalent to the percentage specified in
SCC of the delivered price of the delayed Goods or
unperformed Services for each week or part thereof of delay
until actual delivery or performance, up to a maximum
deduction of the performance security (or guarantee)
specified in SCC. Once the said maximum is reached, the
Procuring Agency may consider termination of the Contract
pursuant to GCC Clause 26.
27. Termination 27.1 The Procuring Agency or the Supplier, without prejudice to
for Default any other remedy for breach of Contract, by written notice of
default sent to the concerned party may terminate the
Contract if the other party causes a fundamental breach of
the Contract.

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27.2 Fundamental breaches of Contract shall include, but shall not
be limited to the following:

a) the Supplier fails to deliver any or all of the Goods

within the period(s) specified in the Contract, or
within any extension thereof granted by the Procuring
Agency pursuant to GCC Clause 24; or
b) the Supplier fails to perform any other obligation(s)
under the Contract;
c) Supplier’s failure to submit performance security (or
guarantee) within the time stipulated in the SCC;
d) the supplier has abandoned or repudiated the
contract.
e) the Procuring Agency or the Supplier is declared
bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;

f) a payment is not paid by the Procuring Agency to the

Supplier after 84 days from the due date for payment;

g) the Procuring Agency gives Notice that goods

delivered with a defect is a fundamental breach of
Contract and the Supplier fails to correct it within a
reasonable period of time determined by the Procuring
Agency; and

h) if the Procuring Agency determines, based on the

reasonable evidence, that the Supplier has engaged in
corrupt, coercive, collusive, obstructive or fraudulent
practices, in competing for or in executing the
Contract.
For the purpose of this clause:
“Corrupt and Fraudulent Practice” means the practices as
described in Rule-2 (1) (f) of Public Procurement Rules-2004.

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 27.4 In the event the Procuring Agency terminates the Contract in
whole or in part, pursuant to GCC Clause 26.1, the Procuring
Agency may procure, upon such terms and in such manner
as it deems appropriate, Goods or Services similar to those
undelivered, and the Supplier shall be liable to the Procuring
Agency for any excess costs for such similar Goods or
Services. However, the Supplier shall continue performance
of the Contract to the extent not terminated.
28. Termination 28.1 Notwithstanding the provisions of GCC Clauses 25, 26, and
for Force 27, neither Party shall have any liability or be deemed to be
Majeure in breach of the Contract for any delay nor is other failure in
performance of its obligations under the Contract, if such
delay or failure is a result of an event of Force Majeure.

For purpose of this clause, ‘’Force Majeure’’ means an event

which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of a Party, and which
makes a Party’s performance of its obligations hereunder
impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not
limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood, epidemics, or other adverse weather
conditions, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are
within the power of the Party invoking Force Majeure to
prevent

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 28.2 If a Party (hereinafter referred to as “the Affected Party”) is
or will be prevented from performing its substantial
obligation under the contract by Force Majeure, it shall give a
Notice to the other Party giving full particulars of the event
and circumstance of Force Majeure in writing or in electronic
forms that provide record of the content of communication of
such condition and the cause thereof. Unless otherwise
directed by the Procuring Agency in writing or in electronic
forms that provide record of the content of communication,
the Supplier shall continue to perform its obligations under
the Contract as far as is reasonably practical, and shall seek
all reasonable alternative means for performance not
prevented by the Force Majeure event.

29. Termination 29.1 The Procuring Agency may at any time terminate the
for Contract by giving written notice to the Supplier if the
Insolvency Supplier becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the
Supplier, provided that such termination will not prejudice
or affect any right of action or remedy which has accrued or
will accrue thereafter to the Procuring Agency.
30. Termination 30.1 The Procuring Agency, by written notice sent to the Supplier,
for may terminate the contract, in whole or in part, at any time
Convenience for its convenience. The notice of termination shall specify
that termination is for the Procuring Agency’s convenience,
the Contract is terminated, and the date upon which such
termination becomes effective.
30.2 The Goods that are complete and ready for shipment within
thirty (30) days after the Supplier’s receipt of notice of
termination shall be accepted by the Procuring Agency at the
Contract terms and price. For the remaining Goods, the
Procuring Agency may elect:
a) To have any portion completed and delivered at the
Contract terms and prices; and / or
b) To cancel the remainder and pay to the Supplier an
agreed amount for partially completed Goods and
Services and for materials and parts previously
procured by the Supplier.

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31. Disputes 31.1 In the event of any dispute arising out of this contract, either
Resolution party shall issue a notice of dispute to settle the dispute
amicably. The parties hereto shall, within twenty-eight (28)
days from the notice date, use their best efforts to settle the
dispute amicably through mutual consultations and
negotiation. Any unsolved dispute may be referred by either
party to an arbitrator that shall be appointed by mutual
consent of the both parties.
31.2 After the dispute has been referred to the arbitrator, within
30 days, or within such other period as may be proposed by
the Parties, the Arbitrator shall give its decision. The
rendered decision shall be binding to the Parties.
32. Procedure for 32.1 The arbitration shall be conducted in accordance with the
Disputes arbitration procedure published by the Institution named
Resolution and in the place shown in the SCC.
32.2 The rate of the Arbitrator’s fee and administrative costs of
arbitration shall be borne equally by the Parties. The rates
and costs shall be in accordance with the rules of the
Appointing Authority. In conducting arbitration to its finality
each party shall bear its incurred costs and expenses.
32.3 The arbitration shall be conducted in accordance with the
arbitration procedure published by the institution named
and in the place shown in the SCC.
33. Replacement 33.1 Should the Arbitrator resign or die, or should the Procuring
of Arbitrator Agency and the Supplier agree that the Arbitrator is not
functioning in accordance with the provisions of the contract,
a new Arbitrator shall be appointed by mutual consent of the
both parties.
34. Limitation of 34.1 Except in cases of criminal negligence or willful conduct, and
Liability in the case of infringement pursuant to GCC Clause 8,
a) The supplier shall not be liable to the Procuring
Agency, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss of
use, loss of production, or loss of profits or interest
costs, provided that this exclusion shall not apply to
any obligation of the Supplier to pay liquidated
damages to the Procuring Agency; and
b) The aggregate liability of the Supplier to the
Procuring Agency, whether under the Contract, in tort

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 or otherwise, shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost
of repairing or replacing defective equipment or to
any obligation of the Supplier to indemnify the
Procuring Agency with respect to patent
infringement.
35. Notices 35.1 Any notice given by one party to the other pursuant to this
Contract shall be sent to the other party in writing or in
electronic forms that provide record of the content of
communication and confirmed in writing or in electronic
forms that provide record of the content of communication to
the other party’s address specified in SCC.
35.2 A notice shall be effective when delivered or on the notice’s
effective date, whichever is later.
36. Taxes and 36.1 A foreign Supplier shall be entirely responsible for all taxes,
Duties stamp duties, license fees, and other such levies imposed
outside Pakistan.
36.2 If any tax exemptions, reductions, allowances or privileges
may be available to the Supplier in Pakistan the Procuring
Agency shall use its best efforts to enable the Supplier to
benefit from any such tax savings to the maximum allowable
extent.
36.3 A local Supplier shall be entirely responsible for all taxes,
duties, license fees, etc., incurred until delivery of the
contracted Goods to the Procuring Agency.

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SECTION VIII: SPECIAL CONDITIONS OF THE
CONTRACT (SCC)

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 Special Conditions of Contract (SCC)

The following Special Conditions of Contract (SCC) shall supplement the GCC.
Whenever there is a conflict, the provisions herein shall prevail over those in the
GCC. The corresponding clause number of the GCC is indicated in parentheses.

SCC GCC Amendments of, and Supplements to, Clauses in the GCC
Clause Clause
Number Number

Definitions (GCC 1)

1. 1.1 The Procuring Agency is: SECP

2. 1.1(j) The Supplier is: [Name and address]

3. 1.1(q) The title of the subject procurement or The Project is:

Procurement for Subscription of Watch-Lists Screening Software

Governing Language (GCC 4)

4. 4.1 The Governing Language shall be: English

Applicable Law (GCC 5)

5. 5.1 The Applicable Law shall be: Laws of the Pakistan

Country of Origin (GCC 6)

6. 6.1 Country of Origin is ……………………….

Performance Security ( or guarantee) (GCC 10)

7. 10.1 The amount of performance security (or guarantee), is the bid

security.

8. 10.4 After delivery and acceptance of the Goods,100% percent of

the Performance Security (or guarantee) shall be withheld to
cover the Supplier’s warranty obligations in accordance with
GCC Clause 18.2.
Inspections and Tests (GCC 11)

9. 11.1 Inspection and tests prior to shipment of Goods and at final

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 acceptance are as follows:

Quality and quantity inspection shall be carried out prior to

shipment of Goods by the manufacturer(s) at the supplier’s
own expense and responsibility in terms of the items specified
in the specifications. The supplier shall submit the inspection
certificate issued by himself which should be attached with the
certificate(s) of the manufacturer(s) to the Procuring Agency in
order to ensure that the goods are manufactured in compliance
with the contract.

Packing (GCC Clause 12)

10. 12.2 The following SCC shall supplement GCC Clause 12.2:

The Goods shall be packed properly in accordance with

standard export packing specified by the Procuring Agency in
the Technical Specification.

Delivery and Documents (GCC Clause 13)

11. 13.1 For Goods supplied from abroad:

Upon shipment, the Supplier shall notify the Procuring Agency

and the Insurance Company by cable 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 Supplier
shall mail the following documents to the Procuring Agency,
with a copy to the Insurance Company:

(i.) One original plus four copies of the Supplier’s

invoice showing Goods’ description, quantity,
unit price, and total amount;

(ii.) original and four copies of the negotiable, clean,

on-board bill of lading marked “freight prepaid”
and four copies of nonnegotiable bill of lading;

(iii.) One original plus four copies of the packing list

identifying contents of each package;

(iv.) Insurance Certificate;

(v.) Manufacturer’s or Supplier’s warranty certificate;

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 (vi.) inspection certificate, issued by the nominated
inspection agency, and the Supplier’s factory
inspection report; and

(vii.) certificate of country of origin issued by the

chamber of commerce and industry or equivalent
authority in the country of origin in duplicate.

The above documents shall be received by the Procuring

Agency at least one week before arrival of the Goods at the port
or place of arrival and, if not received, the Supplier will be
responsible for any consequent expenses.

[Other similar documents should be listed, depending upon the

Incoterm retained.]

12. 13.3 For Goods from within Pakistan:

Upon delivery of the Goods to the transporter, the Supplier

shall notify the Procuring Agency and mail the following
documents to the Procuring Agency:

(i.) one original plus four copies of the Supplier’s

invoice showing Goods’ description, quantity, unit
price, and total amount;

(ii.) delivery note, railway receipt, or truck receipt;

(iii.) Manufacturer’s or Supplier’s warranty certificate;

(iv.) inspection certificate issued by the nominated

inspection agency, and the Supplier’s factory
inspection report; and

(v.) certificate of country of origin issued by Pakistan

Chamber of Commerce and Industry or equivalent
authority in the country of origin in duplicate.

The above documents shall be received by the Procuring

Agency before arrival of the Goods and, if not received, the
Supplier will be responsible for any consequent expenses.

Insurance (GCC Clause 14)

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13. 14.1 The Insurance shall be in an amount equal to 110 percent of the
applicable INCOTERM value of the Goods from “warehouse”
to “warehouse” on “All Risks” basis, including War Risks and
Strikes.

Related Services (GCC Clause 16)

14. 16.1 Related services to be provided are:

[Selected services covered under GCC Clause 16 and/or other should

be specified with the desired features. The price quoted in the Bid
price or agreed with the selected Supplier shall be included in the
Contract Price.]

Spare Parts (GCC Clause 17)

15. 17.1 Additional spare parts requirements are:

Supplier shall carry sufficient inventories to assure ex-stock

supply of consumable spares for the Goods. Other spare parts
and components shall be supplied as promptly as possible, but
in any case within six (6) months of placing the order and
opening the letter of credit.

Warranty (GCC Clause 18)

16. 18.2 GCC Clause 17.2—In partial modification of the provisions, the
warranty period shall be hours of operation or
months from date of acceptance of the Goods or ( )
months from the date of shipment, whichever occurs earlier.
The Supplier shall, in addition, comply with the performance
and/or consumption guarantees specified under the Contract.
If, for reasons attributable to the Supplier, these guarantees are
not attained in whole or in part, the Supplier shall, at its
discretion, either:

(a) make such changes, modifications, and/or additions

to the Goods or any part thereof as may be necessary
in order to attain the contractual guarantees specified
in the Contract at its own cost and expense and to
carry out further performance tests in accordance
with SCC 4,
or
104 | P a g e
 (b) pay liquidated damages to the Procuring Agency
with respect to the failure to meet the contractual
guarantees. The rate of these liquidated damages
shall be 0.20 percent per day of undelivered
materials/goods value up to the sum equivalent to
the amount of ten percent of the contract value.

17. 18.4 & The period for correction of defects in the warranty period is:
18.5 ………….

Payment (GCC Clause 19)

18. 19.1 The method and conditions of payment to be made to the

Supplier under this Contract shall be as follows:

Payment for Goods supplied from abroad:

Payment of foreign currency portion shall be made in (

(i) Advance Payment: ……. percent of the Contract Price

shall be paid within thirty (30) days of signing of the
Contract, and upon submission of claim and a bank
guarantee for equivalent amount valid until the
Goods are delivered and in the form provided in the
Bidding Documents or another form acceptable to
the Procuring Agency.

(ii) On Shipment: ------- percent of the Contract Price of

the Goods shipped shall be paid through irrevocable
confirmed letter of credit opened in favor of the
Supplier in a bank in its country, upon submission of
documents specified in GCC Clause 10.

(iii) On Acceptance: …….. percent of the Contract Price

of Goods received shall be paid within thirty (30)

days of receipt of the Goods upon submission of

claim supported by the acceptance certificate issued

by the Procuring Agency.
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Payment of local currency portion shall be made in :[insert the
currency] within thirty (30) days of presentation of claim
supported by a certificate from the PE declaring that the Goods

106 | P a g e
 have been delivered and that all other contracted Services have
been performed.

Payment for Goods and Services supplied from within

Pakistan:

Payment for Goods and Services supplied from within Pakistan

shall be made in Pakistani Rupees, as follows:

(i)Advance Payment: 0 percent of the Contract Price

shall be paid within thirty (30) days of signing of the
Contract against a simple receipt and a bank
guarantee for the equivalent amount and in the form
provided in the Bidding Documents or another form
acceptable to the Procuring Agency.

(ii) On Delivery: 0 percent of the Contract Price shall

be paid on receipt of the Goods and upon submission
of the documents specified in GCC Clause 11.

(iii) On Acceptance: Payment on quarterly basis and after

each quarter shall be paid to the Supplier within
thirty (30) days after the date of the acceptance
certificate for the respective delivery issued by the
Procuring Agency.
19. 19.3 Rate to be used for paying the Supplier’s interest on the late
payment made by Procuring Agency shall be [insert: rate].

Prices (GCC 20)

20. 20.1 Prices shall be adjusted in accordance with provisions in the
Attachment to SCC.

[To be inserted only if price is subject to adjustment.]

Liquidated Damages (GCC Clause 26)

21. 25.1 Applicable rate: 0.1% per day of undelivered
materials/good’s/services value.

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 Maximum deduction: is equal to the performance security.

Procedure for Dispute Resolution (GCC Clause 32)

23. 32.3 Dispute Resolution

(a) For Contracts to be entered with foreign Contractor/

Service Provider:

All disputes arising in connection with the present Contract

shall be finally settled under the Rules of Conciliation and
Arbitration of the International Chamber of Commerce by
one or more arbitrators appointed in accordance with said
Rules.

(b) For Contracts to be entered with nationals of Pakistan:

1. If any dispute of any kind whatsoever shall arise

between the Procuring Agency and the Supplier in
connection with or arising out of the Contract, including
without prejudice to the generality of foregoing, any
question regarding its existence, validity, termination
and the execution of the Contract– whether during
developing phase or after their completion and whether
before or after the termination, abandonment or breach
of the Contract – the parties shall seek to resolve any
such dispute or difference by mutual diligent
negotiations in good faith within 7 (seven) days
following a notice sent by one Party to the other Party in
this regard.

2. At future of negotiation the dispute shall be resolved

through mediation and mediator shall be appointed with
the mutual consent of the both parties.

3. At the event of failure of mediation to resolve the

108 | P a g e
 dispute relating to this contract such dispute shall finally
be resolved through binding Arbitration by sole
arbitrator in accordance with Arbitration Act 1940. The
arbitrator shall be appointed by mutual consent of the
both parties. The Arbitration shall take place in [Insert
name of the city] and proceedings will be conducted in –
[Specify language] language.

4. The cost of the mediation and arbitration shall be shared

by the parties in equal proportion however the both
parties shall bear their own costs and lawyer’s fees
regarding their own participation in the mediation and
arbitration. However, the Arbitrator may make an award
of costs upon the conclusion of the arbitration making
any party to the dispute liable to pay the costs of another
party to the dispute.

5. Arbitration proceedings as mentioned in the above

clause regarding resolution of disputes may be
commenced prior to, during or after delivery of goods.

6. Notwithstanding any reference to the arbitration herein,

the parties shall continue to perform their respective
obligations under the Contract unless they otherwise
agree that the Procuring Agency shall pay the Supplier
any monies due to the Supplier.

Notices (GCC Clause 35)

26. 35.1 — Procuring Agency’s address for notice purposes:
Head of Department (Admin)
Securities and Exchange Commission of Pakistan (SECP)
63-NICL Building, Jinnah Avenue Blue Area, Islamabad.

—Supplier’s address for notice purposes:

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SECTION IX: CONTRACT FORMS

110 | P a g e
 Form of Contract

THIS AGREEMENT made the day of 20 between [name

and address of Procuring Agency] of Pakistan (hereinafter called “the Procuring
Agency”) of the one part and [name of Supplier] of [city and country of Supplier]
(hereinafter called “the Supplier”) of the other part:

WHEREAS the Procuring Agency invited Bids for certain goods and related services,
viz., [brief description of goods and services] and has accepted a Bid by the Supplier for
the supply of those goods and related services in the sum of [contract price in words
and figures] (hereinafter called “the Contract Price”).

NOW THIS CONTRACT WITNESSETH AS FOLLOWS:

1. In this Contract words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as
part of this Contract, In the event of any ambiguity or conflict between the Contract
Documents listed below, the order of precedence shall be the order in which the
Contract Documents are listed below:-

(h) This form of Contract;

(i) the Form of Bid and the Price Schedule submitted by the Bidder;
(j) the Schedule of Requirements;
(k) the Technical Specifications;
(l) the Special Conditions of Contract;
(m) the General Conditions of the Contract;
(n) the Procuring Agency’s Letter of Acceptance; and
(o) [add here: any other documents]

3. In consideration of the payments to be made by the Procuring Agency to the

Supplier as hereinafter mentioned, the Supplier hereby covenants with the
Procuring Agency to provide the goods and related services and to remedy
defects therein in conformity in all respects with the provisions of the Contract.

4. The Procuring Agency hereby covenants to pay the Supplier in consideration of

the provision of the goods and related services and the remedying of defects
therein, the Contract Price or such other sum as may become payable under the
provisions of the contract at the times and in the manner prescribed by the
contract.

IN WITNESS whereof the parties hereto have caused this Contract to be executed in
accordance with their respective laws the day and year first above written.

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Signed, sealed, delivered by the (for
the Procuring Agency)

Witness to the signatures of the Procuring Agency:

………………………………………………
Signed, sealed, delivered by the (for
the Procuring Agency)

Witness to the signatures of the Supplier: …………………………………………………

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 Integrity Pact

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC. PAYABLE BY

THE SUPPLIERS OF GOODS, SERVICES & WORKS IN CONTRACTS WORTH
RS.10.00 MILLION OR MORE

Contract Number: Dated:

Contract Value:
Contract Title:

[Name of Supplier] hereby declares that it has not obtained or induced the
procurement of any contract, right, interest, privilege or other obligation or benefit from
Government of Pakistan or any administrative subdivision or agency thereof or any
other entity owned or controlled by it (GoP) through any corrupt business practice.

Without limiting the generality of the foregoing [Name of Supplier] represents

and warrants that it has fully declared the brokerage, commission, fee etc. paid or payable
to anyone and not given or agreed to give and shall not give or agree to give to anyone
within or outside Pakistan either directly or indirectly through any natural or juridical
person, including its affiliate, agent, associate, broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder's fee or
kickback, whether described as consultations fee or otherwise, with the object of
obtaining or inducing the procurement of a contract, right, interest, privilege or other
obligation or benefit in whatsoever form from GoP, except that which has been
expressly declared pursuant hereto.

[Name of Supplier] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the transaction
with GoP and has not taken any action or will not take any action to circumvent the
above declaration, representative or warranty.

[Name of Supplier] accepts full responsibility and strict liability for making and
false declaration, not making full disclosure, misrepresenting fact or taking any action
likely to defeat the purpose of this declaration, representation and warranty. It agrees
that any contract, right interest, privilege or other obligation or benefit obtained or
procured as aforesaid shall, without prejudice to any other right and remedies available
to GoP under any law, contract or other instrument, be voidable at the option of GoP.

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 Notwithstanding any rights and remedies exercised by GoP in this regard,
[Name of Supplier] agrees to indemnify GoP for any loss or damage incurred by it
on account of its corrupt business practices and further pay compensation to GoP
in an amount equivalent to ten time the sum of any commission, gratification, bribe,
finder's fee or kickback given by [Name of Supplier] as aforesaid for the purpose of
obtaining or inducing the procurement of any contract, right, interest, privilege or
other obligation or benefit in whatsoever form from GoP.

[Buyer] [Seller/Supplier]

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 Annex A
Technical Specifications

This bidding document has been prepared by using non-proprietary terminologies however, if
bidder found any proprietary term in the document then bidder should propose equivalent
functionality with detailed description. The feature mentioned in bidding document must be
part of the proposed solution. Wherever the word ‘Must’ is stated in this document, it means
that the supported feature must be part of the proposed solution/item without requirement of
any additional module/license/software.

IMPORTANT NOTE: Vendor must provide OEM datasheet reference against each required
feature and specifications (Document Name, Section, and page number is mandatory). If desire
feature or specification is not mentioned in datasheet, in that case verifiable documentary proof
from OEM/Principal can be presented in the form of OEM/Principal letter or EMAIL directly
addressed to the SECP.
Following BOQ will also serves as compliance sheet. Bidders are required to attach this as
Annexure-AA in their technical proposals.

STATEMENT OF WORK (SOW) - Subscription of Watch-Lists Screening Software for the

Securities and Exchange Commission of Pakistan (SECP)

A. BACKGROUND

There are many watch-lists against which an organization may, for regulatory or risk purposes, be
required to screen individuals and entities when initiating a business relationship. These include
sanctions lists published by governments or economic, political, and law enforcement bodies, lists
published by commercial sources, such as politically exposed person (PEP) lists, etc.

Like commercial organizations, regulatory authorities including corporate registries may also need
to deploy watch-lists screening software to verify the credentials of the individuals and entities
being inducted in the formal corporate sector, and effectively meet their Targeted Financial
Sanctions obligations as per Financial Action Task Force (FATF) recommendations and other
international standards.

Sanctions lists contain entries of debarred individuals or entities due to involvement in criminal
activity such as money laundering, international terrorism, and financial crime. Sanctions lists may
also include lists of embargoed countries.

PEP lists contain entries of high-profile (and often high-value) public figures, such as business
leaders, prominent social figures, and members of political parties. Due to their position in society,
their political position, or associations and relationships with other high-profile parties, PEPs may
be subject to potential bribery or misuse their power and influence for personal gain or financial
advantage.

B. OBJECTIVE

The objective of the invitation is to stipulate the deliverables & evaluation criteria of the potential
contractor for the provision of Watch-lists Screening Software Subscription for SECP.
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C. SCOPE OF WORK
Contractor must have a readily available Watch-Lists Screening software that conforms to
international best practices, and which the Contractor can modify to meet the specific requirements
of SECP.

The Project is organized in following tasks:

Task 1: Watch-Lists Screening Software Subscription with support for the provision of
below mentioned services to SECP with reference to “Functional Requirements”
defined in Part “E”.
• Batch Processing for bulk data screening
• Search interface for Watch-lists screening of individuals/entities
• API for integration with SECP internal systems

Task 2: Training, knowledge transfer and support to SECP staff.

All software based items containing installation and configuration and end user orientation is
responsibility of the supplier (if support is not provided by the Principal).

D. IMPLEMENTATION AND DELIVERABLES

Deliverables and standards of performance for each task are as follows:

Task 1: Enablement of Watch-Lists Screening Software Subscription

a. Within 10 working days after signing of the contract, Contractor will configure users, provide
training to users (business/admin) for effective usage of functionality required in part E, provide
API documentation for internal systems integration for Watch-Lists Screening Software.

Task 2: Training and Knowledge transfer

a. Provide training for successful knowledge transfer to SECP for effective use of watch-lists
screening software.
b. Provide user manual, Help, and other instructions in English.

c. During the period of support provided under the contract, Contractor shall provide a means by
which SECP can reach Contractor for technical support within two (2) hours in the event of
an interruption of Watch-Lists Screening functioning due to a fault in the application software.
In such case, Contractor will define the problem and respond to SECP with an expected
resolution within two (2) hours thereafter.
E. FUNCTIONAL REQUIREMENTS

1. Watch-Lists Data Sources and Data Quality

1.1- The proposed solution must cover the data sources related to UNSC, NACTA, Global
sanctions, OFAC, local enforcements lists including but not limited to, FIA etc.,
extensive PEP coverage, profiled adverse media and State Owned Companies.
1.2- The proposed solution must cover notifications and SROs regularly issued by local
regulatory authorities including NACTA, NAB, FIA, Provincial and Federal Home
Ministries, and Tribal Affairs Departments.
1.3- The proposed solution must offer the flexibility to add other new lists/data sources in
order to meet the future screening requirements of SECP.
1.4- Maximum possible time (24 hours) for data to be uploaded/updated is desirable for all
critical watch-lists with maximum data points to comprehensively provide coverage
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 in terms of summary of intelligence, portrait photo (if available), connections to family
members and business partners and more.

2. Batch Processing for Bulk Data Screening

2.1- Bulk data will be uploaded for screening to be performed on multiple parameters for
matching individuals or entities against entries on various watch-lists, batch
processing is required for screening of large files on requisite frequency.
2.2- Provision to review of batch run and re-process in case of errors.
2.3- Provide maximum data points for each match found.
2.4- To maximize efficiency and traceability, case management capabilities and complete
audit trail of alerts is required for each match found.
2.5- Configuration of filters to eliminate false positives and avoid over-alerting.

3. Search Interface for Watch-Lists Screening of individuals/entities

3.1- Provide easy to use client interface for search results/screening global sanctions and
enforcement lists, extensive PEP coverage, profiled adverse media and State Owned
Companies.
3.2- Capability to screen the existing Shareholder/directors/officers against locally
proscribed and UNSC designated individuals and entities, including associates based
on parameters including but not limited to CNIC/Passport No. where available.
3.3- Screens foreign nationals being inducted in local companies or even as officers of
foreign companies against non-compliance with the relevant laws in their country of
origin.
3.4- Generate results that are meaningful and actionable with case management capability
along with audit trail of case processing.

4. API for integration with internal systems

4.1- Flexible API enablement for integration with SECP internal systems for effectiveness
in internal processing to perform screening activity comprehensively by SECP user.
4.2- The proposed solution must provide the on-screen display of maximum data points
for each successful match found as a result of API call.
4.3- The proposed solution must record complete audit trail of API calls to enable the
administrator in tracing the specific call with complete details regarding internal user
and API parameters.
4.4- API calls monitoring and reporting dashboard providing stats for usage confirmation
and performance.

5. Admin Console

5.1- User management for creation/activation/revocation of users and rights.

5.2- Provision of user manual, Help, FAQ, and other instructions in English.

6. Domestic Deployment

6.1- All solution components, including but not limited to hardware, software, and data,
must be installed, stored, and maintained within the geographical boundaries of
Pakistan.

117 | P a g e Annex B
 TECHNICAL PROPOSAL SUBMISSION FOR

Subscription of Watch-Lists Screening Software Subscription for SECP

Contractors Technical Proposal shall comprise all the following forms fully completed, the contractors
are instructed to follow the formats as defined in this invitation, failing to provide information in the
required format will lead to the dis-qualification of the proposal.

Technical Form 1. MANDATORY CRITERIA

Technical Form 2. REQUIREMENTS MATRIX
Technical Form 3. RESUME FORMAT

Technical Form 4. REFERENCE FORMAT

Technical Form 5. PRICE SCHEDULE

1 EVALUATION OF TECHNICAL AND FINANCIAL PROPOSAL

Phase I - Technical Proposal

1.1 Only Contractors which meet the mandatory criteria will advance to the technical evaluation. In
order to advance beyond Phase I of the detailed evaluation process to Phase II (Financial
Proposal), the technical proposal must be completely compliant to the criteria defined in
Tech Form 2 “Requirements Matrix” and the SECP will confirm the compliance check by
inviting Contractors to demonstrate the proposed solution through Demo after intimation by
SECP.

Phase II - Financial Proposal

1.2 Financial proposals will be evaluated following completion of the technical evaluation. The
Contractor with the lowest total bid price will advance for award of the contract.

1.3 Contractors are forewarned that they must make their best offer at the time of their Proposal.

118 | P a g e
 TECHNICAL PROPOSAL - FORM 1

Subscription of Watch-Lists Screening Software Subscription for SECP

MANDATORY CRITERIA

The Mandatory Criteria and Evaluation Criteria are designed to assure that, to the degree
possible in the initial phase of the procurement process, only those Contractors with sufficient
experience, demonstrable technical knowledge and the evident ability to satisfy the SECP’s
requirements for supplying the services envisioned in this invitation will qualify for further
consideration.

In order to be considered for Phase I, Contractors must meet the mandatory criteria described
below.

MANDATORY CRITERIA CONTRACTOR’S RESPONSE

1.1. Contractor must have demonstrated experience in
Confirm experience by providing a
the development/configuration of a system for
brief description of work done.
Watch-Lists Screening and any modifications
therein to implement an existing “best practices”.
Yes________/No_______

Provide at least 2 references here by

using the template attached in
Technical Form 4.

1.2. Contractor must have a readily available Watch- Confirm that Contractor has an
Lists Screening software that has been available solution as described:
implemented within the past 5 years, that conforms
to international best practices, and that Contractor Yes________/No_______
can modify to meet the specific requirements of
SECP.

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 TECHNICAL PROPOSAL - FORM 2

Subscription of Watch-Lists Screening Software Subscription for SECP

REQUIREMENTS MATRIX

Each Contractor must respond to every stated request or requirement and indicate that Contractor
confirms acceptance of and understands the SECP’s stated requirements.

Mention “Compliant/Non-compliant” against each requirement mentioned below, essentially for all
points included in section 3.1 of the requirements matrix:

Section REQUIREMENTS CONTRACTORS Compliance

RESPONSE

Yes/No (PAGE
FIRM EXPERIENCE AND
1. NUMBER
CAPABILITY
IN BID)
1.1 Provide a brief profile of your firm. Must
Include a description of the firm’s
organization and the scope of services (Provide summary
provided. Describe your firm’s description)
experience in development of Watch-
Lists Screening software compliant
with international best practice.
Describe two similar running projects
preferably with regulatory bodies in
Pakistan that that your company
completed.
References provided in Technical
Form 4 will be checked.

2. PROJECT MANAGEMENT,
STAFF QUALIFICATIONS AND
EXPERIENCE, Training and
knowledge transfer
2.1 Provide a project management plan Must
including timeline for enablement of
Watch-Lists Screening Software (Attach Project
Subscription as defined in Part D Management Plan)
(Task 1 & 2) above.
2.2 Propose a Project Manager who will Must
be assigned to manage this project
from beginning to end. Project (Attach resume using
Manager must have at least five (5) template as Tech Form
years of relevant experience and 3)
provide details as per Form 3.
2.3 Provide User manual, Help, FAQ, and Must
other instructions in English.

120 | 3.
P a g eFUNCTIONAL Yes/No (PAGE
RESPONSIVENESS OF NUMBER
SOFTWARE IN BID)
 Section REQUIREMENTS CONTRACTORS Compliance
RESPONSE

3.1 Must
1. Watch-Lists Data Sources and
Data Quality

1.1- The proposed solution must

cover the data sources related
to UNSC, NACTA, Global
sanctions, OFAC, local
enforcements lists including
but not limited to, FIA etc.,
extensive PEP coverage,
profiled adverse media and
State Owned Companies.

1.2- The proposed solution must

cover notifications and SROs
regularly issued by local
regulatory authorities
including NACTA, NAB,
FIA, Provincial and Federal
Home Ministries, and Tribal
Affairs Departments.

1.3- The proposed solution must

offer the flexibility to add
other new lists/data sources in
order to meet the future
screening requirements of
SECP.

1.4- Maximum possible time (24

hours) for data to be
uploaded/updated is desirable
for all critical watch-lists with
maximum data points to
comprehensively provide
coverage in terms of summary
of intelligence, portrait photo
(if available), connections to
family members and business
partners and more.

2. Batch Processing for Bulk Data

Screening

2.1- Bulk data will be uploaded for

121 | P a g e screening to be performed on
multiple parameters for
matching individuals or
entities against entries on
 Section REQUIREMENTS CONTRACTORS Compliance
RESPONSE
various watch-lists, automatic
batch processing is required
for screening of large files on
requisite frequency.

2.2- Provision to review of batch

run and re-process in case of
errors.

2.3- Provide maximum data points

for each match found.

2.4- To maximize efficiency and

traceability, case management
capabilities and complete
audit trail of alerts is required
for each match found.

2.5- Configuration of filters to

eliminate false positives and
avoid over-alerting.

3. Search Interface for Watch-

Lists Screening of
individuals/entities

3.1- Provide easy to use client

interface for search
results/screening global
sanctions and enforcements
lists, extensive PEP coverage,
profiled adverse media and
State-Owned Companies

3.2- Capability to screen the

existing
Shareholder/directors/officers
against locally proscribed and
UNSC designated individuals
and entities, including
associates based on
parameters including but not
limited to CNIC/Passport No.
where available.

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3.3- Screens foreign nationals
being inducted in local
companies or even as officers
 Section REQUIREMENTS CONTRACTORS Compliance
RESPONSE
of foreign companies against
non-compliance with the
relevant laws in their country
of origin.

3.4- Generate results that are

meaningful and actionable
with case management
capability along with audit
trail of case processing.

4. API for Integration with

internal systems

4.1- Flexible API enablement for

integration with SECP internal
systems for effectiveness in
internal processing to perform
screening activity
comprehensively by SECP
user.

4.2- The proposed solution must

provide the on-screen display
of maximum data points for
each successful match found
as a result of API call.

4.3- The proposed solution must

record complete audit trail of
API calls to enable the
administrator in tracing the
specific call with complete
details regarding internal user
and API parameters.

4.4- API calls monitoring and

reporting dashboard providing
stats for usage confirmation
and performance.

5. Admin Console

5.1- User management, user

123 | P a g e groups creation,
assignment/revocation of
rights.
 Section REQUIREMENTS CONTRACTORS Compliance
RESPONSE

5.2- Provision of user manual,

Help, FAQ, and other
instructions in English.

6. Domestic Deployment

All solution components,

including but not limited to
hardware, software, and data,
must be installed, stored, and
maintained within the
geographical boundaries of
Pakistan.

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 TECHNICAL PROPOSAL - FORM 3

Subscription of Watch-Lists Screening Software Subscription for SECP

RESUME FORMAT

Name of Personnel:

Title:

Years with Firm: Country/City of Residency:

Education/Qualifications: (Summarize college/university and other specialized education of staff
member, giving names of schools, dates attended and degrees, certification, professional
qualifications obtained.)

Employment Record: (Starting with present position, list in reverse order, relevant employment
experience, give dates, names of employing organization, title of positions held and location of
employment.)

Experience: (For experience in last five (5) years, detail the types of activities performed, degree of
responsibilities, location of assignments and any other information or professional experience
considered pertinent for this assignment.)

I, the undersigned, certify to the best of my knowledge and belief, this bio data is accurate and
confirms my availability.

____________________________________________ ___________________________
Signature of Personnel or Firm Representative Date (Month/ Day/Year)

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 TECHNICAL PROPOSAL - FORM 4

Subscription of Watch-Lists Screening Software Subscription for SECP

REFERENCE FORMAT

Name of Contractor: __________________________________

Name of Organization and Address:

Name and Title of Point of Contact: (provide 2)

Telephone Number:
Email Address:
Period of Performance:
Location of where project services were performed:

Reasons for Termination (if applicable):

Description of Services and their relevance to the

requirements under this invitation:

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 FINANCIAL PROPOSAL – FORM 5

Subscription of Watch-Lists Screening Software Subscription for SECP

PRICE SCHEDULE

The Contractor shall complete the matrix below by providing prices for the services to be provided under
this invitation. The resulting contract shall be a fixed price.

Watch-lists Screening Software Subscription with Support

Quoted Per Quoted Per Quoted Per

Month Month Month
Charges for Charges for Charges for
1st Year 2nd Year 3rd Year
Sr. # Criteria Usage (Incl. (Incl. (Incl.
applicable applicable applicable
taxes) (Rs.) taxes) (Rs.) taxes) (Rs.)
A B C

Search interface for 45 users to perform

1. Watch-lists 12000 - 15000
screening searches per month

API for integration

3000 - 5,000 calls
2. with internal
per month
systems

Bulk data screening

3. Batch Processing of approx. 01
million records
Total Quoted Monthly Charges for Each
Year - Enablement, Training, Usage and
Sum of Sum of Sum of
4. Support (as per Table A above) for
(A1-A3) (B1-B3) (C1-C3)
Watch-Lists Screening Software
Subscription.

5. Quoted Total Price per Year 12 x A4 12 x B4 12 x C4

Total Bid Price/Total Quoted Charges for

3 Year - Enablement, Training, Usage
6. and Support (Sum of S. No.5 above) for Sum of (S. No. A5-C5)
Watch-Lists Screening Software
Subscription.

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Note:

1. The bidders compliant to MANDATORY Requirement, MUST submit a compliance sheet against
all requirements mentioned in the technical evaluation criteria.
2. Bids NOT in compliance with any MUST requirements/items in the evaluation criteria will NOT
be evaluated.
3. Bid found in compliance of the mandatory/MUST requirements in technical evaluation and quoting
lowest Total Bid Price (Rs.) shall be awarded the contract.

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 Annex “C”

Format of Affidavit/Undertaking (DULY NOTARIZED)

Bidder must submit following undertaking (on stamp paper of Rs.100 ) duly notarized,
failing which the bid shall be rejected
a) I, Mr. …………………. S/o……………….. holding CNIC # ……………………. from
M/s …………………. Having Its business office at ………………………….., do hereby
solemnly affirm and declare as under;

b) That M/s ……………….. is not engaged, under investigation or offences or no proceedings

are pending before FBR, Customs, NAB, any Judicial form, FIA or any other Govt.
authority with respect to fraud, terror financing, money laundering etc.

c) We also confirm that our firm has not been black listed by any National/International
organization or forum and its entitled to carry out its business activities to the standard
business ethics.

d) That the Partner(s) / Officers of M/s……………………….. have not been subject to

financial crime. Nor they every compounded with their creditors in any capacity.

e) The above statement is true to the best of my knowledge and belief and nothing has been
concealed or is false.

Note: In case bidder is found in the list of “Blacklisted Firms-Pakistan” or related links at
https://www.ppra.org.pk/ then its bid shall be rejected

Name: ___________________________________

Signature ___________________________________

Stamp: ___________________________________

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