Bid Document
Bid Document
Bid Document
Procurement of Goods
Sealed Quotation
Issued by:
Fikkal Rural Municipality,
Khangsang, Sindhuli Khang Sang
Issued On 20-10-2023
Table of Contents
Invitation for Sealed Quotation for the procurement of Procurement Of Gabion box
1. The Fikkal Rural Municipality, invites sealed quotations from registered Suppliers for the Procurement Of Gabion box.
2. Eligible eligible Suppliers may obtain further information and inspect the Sealed quotation Forms at the office of Khangsang,
Sindhuli Khang Sang, 9854045462, , [email protected].
OR
[may visit PPMO website www.bolpatra.gov.np.]
3. If hard copy is allowed then a complete then a complete set of Bidding Documents may be purchased from the office Fikkal Rural
Municipality, Khangsang, Sindhuli Khang Sang and the officeFikkal Rural Municipality, Khangsang, Sindhuli Khang Sangby
eligible Bidders on the submission of a written application, along with the copy of company/firm registration certificate, and upon
payment of a non-refundable fee of NRs.1000.0 till 05-11-2023 12:00 during office hours.
4. Bidder who chooses to submit their bid electronically may download the bidding documents for e-submission from PPMO’s e-GP
i.e www.bopatra.gov.np/egp. Bidders, submitting their bid electronically, should deposit the cost of bidding document in the
following account
i. Name of the Bank :Prime Bank Ltd. ii. Name of Office :Fikkal Rural Municipality,
iii. Office Code no :801032506 iv. Office Account No :07801000000028000150
v. Rajaswa (revenue) Shirshak No :14229
5. Sealed bids must be submitted to the office Fikkal Rural Municipality, Khangsang, Sindhuli Khang Sang by hand or through e-
GP system i.e www.bopatra.gov.np/egp on or before 05-11-2023 12:00. Bids received after this deadline will be rejected.
6. The bids will be opened in the presence of Bidders' representatives who choose to attend at 05-11-2023 14:00 at the office of
Fikkal Rural Municipality, Sindhuli
Fikkal, Sindhuli
Khang Sang, Sindhuli
Bagmati Province
Nepal.
Bids must be valid for a period of 45 days after bid opening and must be accompanied by a bid security amounting to a minimum
of 40000 , which shall be valid for 30 days beyond the validity period of the bid (i.e. [Refer Clause ITB 20.1]). If bidder wishes to
submit the Cash Security, the cash should be deposited in Deposit Account No.[07801000000028800178] at [Prime Bank Ltd. ,
Fikkal Branch, Sindhuli] and submit the receipt of the deposited amount of cash along with the Sealed Quotation.
7. If the last date of purchasing and /or submission falls on a government holiday, then the next working day shall be considered as
the last date. In such case the validity period of the bid security shall remain the same as specified for the original last date of bid
submission
8. The Purchaser reserves the right to accept or reject, wholly or partly any or all the Sealed Quotations without assigning any
reason, whatsoever.
Section - II
Instructions to Bidders
This section of the bidding documents should provide the information necessary for
Interested Suppliers to prepare responsive bids, in accordance with the requirements
of the Purchaser. It should also give information on bid submission, opening and
evaluation, and award of Contract.These Instructions to Bidders shall not be part of
the Contract and shall cease to have effect once the Contract is signed.
Section II Instructions to Bidder
1. Scope of Works 1.1 The Purchaser stated in the BDS for the procurement of Goods as detailed in attached
specifications, drawings and the bill of quantities provided herein. The name of Purchaser, name of
project and contract identification number of Contracts are provided in the BDS.
2. Eligible Bidder 2.1 This Invitation for Bids is open to all registered Suppliers with eligibility criteria specified below.
2.2 A bidder declared blacklisted and ineligible by the GoN, Public Procurement Monitoring Office
(PPMO) and/or the DP in case of DP funded project, shall be ineligible to bid for a contract during the
period of time determined by the GoN, PPMO and/or the DP.
3. One Quotation per 3.1 Each Bidder shall submit only one quotation, A Bidder who submits more than one quotation shall
Bidder cause all the quotations with the Bidder’s participation to be disqualified.
4. Cost of Bidding 4.1 The Bidder shall bear all costs associated with the preparation and submission of his Quotation and
the Purchaser shall in no case be liable for those costs.
5. Site Visit 5.1 The Bidder at his own cost, responsibility and risk may visit the site of the supply, delivery or
installation of Goods and acquire all necessary information for preparing the bid and entering into a
contract for the procurement of Goods.
6. Content of Quotation 6.1 The Quotation Form comprise the documents listed below:
Form 1. Section I: Invitation for Sealed Quotation (SQ)
2. Section II: Instructions to Bidders
3. Section III: Bid Data Sheet
4. Section IV Quotation Forms and Price Schedule
5. Section V: Schedule of Requirements
6. Section VI: General Conditions of Contract (GCC)
7. Section VII: Special Conditions of Contract
8. Section VIII: Contract Form
7. Clarification 7.1 A prospective Supplier/Bidder may obtain clarification on the Quotation Form from the the
Purchaser on or before 5 days prior to the deadline for submission of Quotation.
8. Language of Quotation 8.1 All documents relating to the Quotation shall be in English or in Nepali.
9. Documents Comprising 9.1 The Quotation by the Bidder shall comprise the following:
Quotation a. Quotation Form and Price Schedules
b. Bid Security
c. Schedule of Requirements
10. Quotation Prices 10.1 The Bidder shall indicate on the appropriate Price Schedule the unit prices (where applicable) and
total price in Nepali Rupees. for all items of the goods to be supplied under the contract.
10.2 All duties, taxes and other levies payable by the Bidder under the contract shall be included in the
rates, prices and total Bid Price submitted by the Bidder.
10.3 Price quoted by the Bidder shall remain fixed and valid until completion of the Contract
Performance and will not be subject to variation in any account.
11. Quotation Validity 11.1 The Sealed Quotation shall remain valid for the period of 45 days after opening of the quotation.
A bid valid for a shorter period shall be rejected by the Purchaser as nonresponsive.
12. Quotation/Bid Security 12.1 The Bidder shall furnish as part of its Sealed Quotation, in original form, a bid security as
specified in the BDS. In case of e-submission of Quotation, the Bidder shall upload scanned copy of
Bid security letter at the time of electronic submission of the Sealed Quotation. The Bidder accepts that
the scanned copy of the Bid security shall, for all purposes, be equal to the original. The details of
original Bid Security and the scanned copy submitted with e-Sealed Quotation should be the same
otherwise the Sealed Quotation shall be non-responsive.
12.2 The Bid Security shall be, at the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee from Commercial Bank or Financial Institution eligible to
issue Bank Guarantee as per prevailing Law or;
(b) a cash deposit voucher in the Purchaser's Account as specified in the BDS
In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form
included in Section III (Bidding Forms) or in another Form acceptable to the Purchaser. The form must
include the complete name of the Bidder. The Bid security shall be valid for minimum thirty (30) days
beyond the original validity period of the bid
12.3 Any Sealed Quotation not accompanied by an enforceable and substantially compliant bid
security, shall be rejected by the Purchaser as nonresponsive. In case of e-Submission, if the scanned
copy of an acceptable Bid Security letter is not uploaded with the electronic Bid then Bid shall be
rejected.
12.4 The Bid security shall be forfeited if:
(a) a Bidder requests for withdrawal or modification during the period of Quotation validity
specified by the Bidder on the Letter of Bid, after Sealed Quotation submission deadline.
(b) a Bidder changes the prices or substance of the Sealed Quotation while providing information;
(c) a Bidder involves in fraud and corruption pursuant to clause 26;
(d) the successful Bidder fails to:
(i) furnish a performance security in accordance with clause 25;
(ii) sign the Contract in accordance within the period stipulated in Letter of Award.; or
(iii) accept the correction of arithmetical errors pursuant to clause 19.1
(iv) fails to provide the clarification of its Quotation by the date and time set in the Purchaser's
13. Format and Signing of 13.1 The Quotation shall be typed or written in indelible ink and shall be signed by an authorized
Quotations person. Any entries or amendments including alternations, additions or corrections made shall be
initialled by the same authorized person.
14. Sealing and Marking of 14.1 Bidders may submit their bids by manually or by electronically. When so specified in the BDS.
Quotations Procedures for submission, sealing and marking are as follows:
Bidders submitting bids by manually. The Bidder shall submit his bid in sealed envelopes. The
envelope shall be addressed to the Purchaser as specified in the BDS and shall bear the name and
identification number of the Sealed quotation.
14.2 Bidders submitting Bids electronically shall follow the electronic bid submission procedure
specified in the BDS
15. Deadline for Submission 15.1 Quotations shall be delivered to the Purchaser at the address no later than the time and date
of Quotations specified in the BDS.
16. Late Quotation 16.1 Any Quotation received by the Purchaser after the deadline shall not be accepted and shall be
returned unopened to the Bidder upon request.
17. Modification And 17.1 Sealed Quotations once submitted shall not be withdrawn or modified.
Withdrawal
18. Bid Opening 18.1 The Purchaser shall open the Quotations in the presence of the Bidders' representatives who
choose to attend at the time and in the place as specified in the BDS
18.2 The Purchaser shall prepare and provide minutes of the opening including the information
disclosed to those present.
19. Process to be 19.1 Information relating to the examination, evaluation and comparison of Quotations and
Confidential recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not
officially concerned with such process until the award to the successful Bidder has been announced.
Any efforts by the Bidder to influence the Purchaser in the Quotation evaluation, comparison or
contract award decisions may result in rejection of Bidder’s quotation.
20. Examination of 20.1 Prior to the detailed evaluation of Quotations, the Purchaser shall determine whether each
Quotations Quotation
(a) meets the eligibility criteria defined in Clause 2;
(b) has been properly signed by the authorized person;
(c) is accompanied by the required securities; and
(d) is substantially responsive to the requirements of the Bidding documents.
21. Evaluation and 21.1 In evaluating the Quotations, the Purchaser shall determine for each Sealed Quotation the
Comparison of evaluated Quotation Price by adjusting any corrections for errors. Quotations shall be checked by the
Quotations Purchaser for any arithmetic errors. Errors shall be corrected by the Purchaser as follows:
(a) only for unit price Contracts, if there is a discrepancy between the unit price and the total price that
is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price
shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the
decimal point in the unit price, in which case 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 subtotals, the subtotals
shall prevail and the total shall be corrected; and
(c) If there is a discrepancy between the Quotation price in the Summary of Price Schedule and the
Quotation amount in item (c) of the Letter of Quotation, the price in the Summary of Price Schedule
will prevail and the Quotation amount in item (c) of the Letter of Quotation will be corrected.
(d) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the
amount expressed in words is related to an arithmetic error, in which case the amount in figures shall
prevail subject to (a) ,(b) and (c) above.
21.2 In case of e-submission of bid, upon notification from the Purchaser, the bidder shall also submit
the original of documents comprising the Sealed Quotation as per ITB 9 for verification of submitted
documents for acceptance of the e-submitted bid. If a Bidder does not provide original of document of
its Sealed Quotation by the date and time set in the Purchaser's request for clarification, its bid may be
rejected.
21.3 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, its
bid shall be disqualified and its Quotation security shall be forfeited.
21.4 In Case, a corruption case is being filed to Court against the Natural Person or Board of Director
of the firm/institution /company or any partner of JV, such Natural Person or Board of Director of the
firm/institution /company or any partner of JV such bidder’s bid shall be excluded from the evaluation,
if public entity receives instruction from Government of Nepal.
22. Award of Contract 22.1 The Purchaser shall decide the award of the contract to the Bidder whose Quotation is within the
approved estimate and who has offered the lowest evaluated Price within Quotation validity period
provided that such Bidder has been determined to be eligible in accordance with the provisions of
Clauses 2.
22.2 In Case, a corruption case is being filed to Court against the Natural Person or Board of Director
of the firm/institution /company or any partner of JV, such Natural Person or Board of Director of the
firm/institution /company or any partner of JV such bidder’s bid shall be excluded from the evaluation,
if public entity receives instruction from Government of Nepal.
23. Purchaser's Right to 23.1 The Purchaser reserves the right to accept or reject any Quotation or to cancel the bidding process
Accept or Reject and reject all Quotations, at any time prior to the award of the contract, without assigning any reasons
whatsoever and without thereby incurring any liability to the affected Bidder or Bidders.
24. Notification of Award 24.1The Bidder whose bid is accepted and all other participating bidders shall be notified of the award
and Signing of by the Purchaser.
Agreement 24.2 The notification (hereafter called the “Letter of Acceptance”) to the successful Bidder shall state
the sum that the Purchaser shall pay the Bidder in the execution and completion of the contract.
Within 7 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver the
Performance Security pursuant Clause 25 and sign the Agreement.
24.3 Inability of the Bidder to make an Agreement within the above stated period shall result in the
forfeiture of the Bidder’s Quotation Security and , upon which the Contract shall then be awarded to
the next successive successful Bidder.
25. Performance Security 25.1 Within seven (7) days of the receipt of Letter of Acceptance from the Purchaser, the successful
Bidder shall furnish the performance security as stated below from Commercial Bank or Financial
Institution eligible to issue Bank Guarantee as per prevailing Law in accordance with the conditions of
Contract using Sample Form for the Performance Security included in Section VIII (Contract Forms),
or another form acceptable to the Purchaser.
i) If bid price of the bidder selected for acceptance is up to 15 (fifteen) percent below the approved
cost estimate, the performance security amount shall be 5 (five) percent of the bid price.
ii) For the bid price of the bidder selected for acceptance is more than 15 (fifteen) percent below of the
cost estimate, the performance security amount shall be determined as follows:
Performance Security Amount =
[(0.85 x Cost Estimate – Bid Price) x 0.5] + 5% of Bid Price.
The Bid Price and Cost Estimate shall be inclusive of Value Added Tax.
26. Corrupt or Fraudulent 26.1 The Purchaser shall reject a bid for award if it determines that the Bidder recommended for award
Practices of contract has engaged in corrupt or fraudulent practices in competing for the contract in question.
26.2 In Case, a corruption case is being filed to Court against the Natural Person or Board of Director
of the firm/institution /company or any partner of JV, such Natural Person or Board of Director of the
firm/institution /company or any partner of JV such bidder’s bid shall be excluded from the evaluation,
if public entity receives instruction from Government of Nepal.
27. Conduct of Bidders 27.1 The Bidder shall be responsible to fulfil his obligations as per the requirement of the Contract
Agreement, Bidding documents, GoN’s Procurement Act and Regulations.
27.2 The Bidder shall not carry out or cause to carry out the following acts with an intention to
influence the implementation of the procurement process or the procurement agreement :
a) give or propose improper inducement directly or indirectly,
b) distortion or misrepresentation of facts
c) engaging or being involved in corrupt or fraudulent practice
d) interference in participation of other prospective bidders.
e) coercion or threatening directly or indirectly to cause harm to the person or the property of any
person to be involved in the procurement proceedings,
f) collusive practice among bidders before or after submission of bids for distribution of works
among bidders or fixing artificial/uncompetitive bid price with an intention to deprive the Purchaser
the benefit of open competitive bid price..
27.3 contacting the Purchaser with an intention to influence the Purchaser with regards to the bid or
interference of any kind in examination and evaluation of the bids during the period after opening of
bids up to the notification of award of contract
28. Blacklisting Bidder 28.1 Without prejudice to any other right of the Purchaser under this Contract, GoN, Public
Procurement Monitoring Office may blacklist a bidder for his conduct up to three years on the
following grounds and seriousness of the act committed by the bidder:
a) if it is proved that the bidder committed acts pursuant to the Sub-Clause 27.2,
b) if it is proved later that the bidder/Supplier had committed substantial defect in implementation of
the contract or had not substantially fulfilled his obligations under the contract or the completed work
is not of the specified quality as per the contract ,
c) if convicted by a court of law in a criminal offence which disqualifies the bidder from
participating in the contract.
d) if it is proved that the contract agreement signed by the bidder was based on false or
misrepresentation of bidder’s qualification information,
e) Inability of the bidder signing the contract agreement, once the letter of acceptance to the
successful bidder has been provided by the Purchaser.,
28.2 A firm declared blacklisted and ineligible by the GON shall be ineligible to bid for a contract
during the period of time determined by the PPMO.
29. Publication of contract 29.1 Within three days of contract signing, the Public Entity shall publish a notice on the contract
award notice award with following information: in its notice board as well as shall manage to publish the notice on
the notice board of District Coordination Committee, District Administration Office, Provincial
Treasury and Controller Office and District Treasury and Controller Office, Such notice shall also be
posted in its website and PPMO’s website.
a. Name of the procurement,
b. IFB number,
c. date and name of newspaper published the IFB notice,
d. name of the successful Bidder, and the contract price.
29.2 The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, within thirty
days from the date of publication of contract award notice in accordance with ITB 29.1, requests in
writing the grounds on which its bid was not selected.
30. Provision of PPA and 30.1 If any provision of this document are inconsistent with Public Procurement Act (PPA), 2063 or
PPR Public Procurement Regulations (PPR), 2064, the provision of this documents shall be void to the
extent of such inconsistency and the provision of PPA and PPR shall prevail.
Section III Bid Data Sheet
ITB 10 The Bidder shall furnish a bid security, from Commercial Bank or Financial Institution eligible to issue Bank Guarantee
as per prevailing Law with a minimum of NRs.40000, which shall be valid for 30 days beyond the validity period of the
bid.
ITB 14.1 Bidders shall have the option of submitting their bids electronically. Bidders shall follow the electronic bid submission
procedures specified below:
i. The bidder is required to register in the e-GP system https://www.bolpatra.gov.np/egp following the procedure specified
in e-GP guideline.
ii. Interested bidders may either purchase the bidding document from the Purchaser's office as specified in the BDS or
may download the from e-GP system.
iii. The registered bidders need to maintain their profile data required during preparation of bids.
iv. In order to submit their bids electronically the cost of the bidding document shall be deposited in the account specified
in IFQ. In addition, electronic scanned copy (.pdf format) of the bank deposit voucher/cash receipt should also be
submitted along with the bid.
v. The bidder can prepare the their bids using data and documents maintained in bidder’s profile and forms/format
provided in Sealed Quotation Document by Purchaser. The bidder may submit bids as a single entity or as a joint venture.
The bidder submitting bid in joint venture shall have to upload joint venture agreement along with partner(s) Bolpatra ID
provided during bidder’s registration.
vi. Bidders (all partners in case of JV) should update their profile data and documents required during preparation and
submission of their bids.
vii. In case of bid submission in JV, the consent of the partners shall be obtained through the confirmation link sent to the
registered email address and the partners shall have to acknowledge their confirmation.The required forms and documents
shall be part of technical bids:
1. Letter of Quotation (Mandatory)
2.Quotation Security /Bank Guarantee (Mandatory)
3. Company registration (Mandatory)
4. VAT registration (Mandatory)
5. Tax clearances certificate or evidence of tax return submission for the F/Y (Mandatory)
6. Power of Attorney of Bid signatory (Mandatory)
7. Completed Price Schedule (Mandatory)
8. Bank Voucher for cost of bid document (Mandatory)
9. Joint venture agreement (Mandatory in case of JV Bid)
10. Additional documents specified in Bidding Document (any other required documents, which is not against the
provision of Procurement Act/Regulation/Directives and Standard Bidding Document issued by PPMO)
viii. After providing all the details and documents, bid response documents will be generated from the system. Bidders are
advised to download and verify the response documents prior to bid submission.
ix. For verifying the authentic user, the system will send one time password in the registered email address of the bidder.
System will validate the OTP and allow bidder to submit their bid.
x. Once Quotation is submitted, bidders won’t able to modify/withdrawal their bid.
xi. The Bidder/Quotation shall meet the following requirements and conditions for e-submission of bids:
a) The e-submitted Quotations must be readable through PDF reader.The facility for submission of Quotation
electronically through e-submission is to promote transparency, non-discrimination, equality of access, and open
competition in the bidding process. The Bidders are fully responsible to use the e- submission facility properly in e-GP
system as per specified procedures and in no case the Purchaser shall be held liable for Bidder's inability to use this
facility.b) When a bidder submits electronic bid through the PPMO e-GP portal, it is assumed that the bidder has prepared
the bid by studying and examining the complete set of the Bidding documents including specifications, drawings and
conditions of contract.
a) e-GP system allows to download the Sealed Quotation response document only after bid opening date and time are met.
Simultaneous login of two members of the opening committee is required for bid opening.
b)The Purchaser shall conduct the opening of bid at the address on the same date and time as specified in bidding
document in the presence of Bidders’ representatives who choose to attend
Section - IV
Sample Forms
1. Quotation and Price Schedules
Date:
Having examined the Sealed Quotation (SQ) documents, we the undersigned, offer to supply and deliver [description
of goods and services] in conformity with the said SQ documents for the sum of [total SQ amount in words and figures]
or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of
this SQ.
We undertake, if our SQ is accepted, to deliver the goods in accordance with the delivery schedule specified in the
Schedule of Requirements.
If our SQ is accepted, we will obtain the guarantee of a bank in a sum equivalent to Five ( 5) percent of the Contract
Price for the due performance of the Contract, in the form prescribed by the Purchaser.
We agree to abide by this SQ for a Period of 45 days from the date fixed for SQ opening it shall remain binding upon us
and may be accepted at any time before the expiration of that period.
Until a formal Contract is prepared and executed, this SQ, together with your written acceptance thereof and your
notification of award, shall constitute a binding Contract between us.
We understand that you are not bound to accept the lowest or any SQ you may receive.
[The Bidder shall fill in this Form. No alterations to its format shall be permitted and no substitutions
shall be accepted. In case of joint venture, each partner shall fill the information in separate form.]
2 Bidder’s Address:
Telephone/Fax numbers:
Email Address:
Total
VAT
Grand Total
Note: Unit price shall include all custom duties and taxes, transportation cost to the final destination and insurance cost.
[If there are more than one lot/slice/package, prepare Price Schedule form for each lot/slice/package]
Name
In the capacity of
Signed
Date:
1
The price shall include all customs duties and sales and other taxes already paid or payable on the components and raw
material used in the manufacture or assembly of the item or the customs duties and sales and other taxes paid on the
previously imported item offered ex warehouse, ex showroom, or off-the-shelf. These factors should not be entered
separately.
4. Bid Security
We have been informed that . …………. .[insert name of the Bidder] (hereinafter called “the Bidder”) intends
to submit its bid (hereinafter called “the Bid”) to you for the execution of …………... name of Contract .……………
under Invitation for Bids No. ……………… (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we…………………. . name of Bank. ………………..hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of. . ………...amount in figures ………………………. (.
………….. .amount in words ……………….) upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because
the Bidder:
(a) has withdrawn or modifies its Bid during the period of bid validity specified by the Bidder in the Form of Bid;
or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails
or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the performance security,
in accordance with the ITB.
(d) is involved in fraud and corruption in accordance with the ITB
This guarantee will remain in force up to and including the date ………number…………days after the deadline
for submission of Bids as such deadline is stated in the instructions to Bidders or as it may be extended by the
Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee
should reach the Bank not letter than the above date.
This Bank guarantee shall not be withdrawn or released merely upon return of the original guarantee by the
Bidder unless notified by you for the release of the guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.
1. Definitions 1.1 In this contract, the following terms shall be interpreted as indicated:
a. "The Contract" means the agreement entered into between the
Purchaser 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;
b. "The Contract Price" means the price payable to the Supplier under the
contract for the full and proper performance of its contractual
obligation;
c. "The Goods" means Equipment and related Accessories and spare-
parts or any other materials which the Supplier is required to supply to
the Purchaser under the contract;
d. "Services" means services ancillary to the supply of the goods such as
transportation and insurance including the installation, commissioning
and the operational and maintenance training of the supplied
equipment.
e. "The Purchaser" means the procuring entity purchasing the goods;
f. "The Supplier" means the organization supplying the goods and
services under this contract.
2. Technical 2.1 The goods supplied under this contract shall confirm to the standards
Specification mentioned in the Technical Specification.
3. Patent Right 3.1 The Supplier shall indemnify the Purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use
of goods or any part thereof in the Purchaser's country.
4. Performance 4.1 Within seven days (7) of receipt of award of contract from the Purchaser,
Security the successful Bidder shall furnish the performance security in the
Performance Security Form provided in the Bidding Documentsfor the due
performance of the Contract in the amounts specified in the SCC.
4.2 Failure of the successful Supplier to comply with the requirement of Sub -
clause 4.1 shall constitute sufficient grounds for the annulment of the award
and forfeiture of the bid security, in which event the Purchaser may make
the award to the next lowest Supplier or call for new sealed quotations.
4.3 The proceeds of the Performance Security shall be payable to the Purchaser
as compensation for any loss resulting from the Supplier’s failure to complete
its obligations under the Contract.
4.4 The validity of Performance Security shall be the sum of delivery period,
warranty period from the date of the issue of final acceptance certificate to
the Supplier and additional one month.
4.5 The performance security shall be released within 28 days of completion of
warranty period and upon submission of claim by the Supplier.
5. Inspection and 5.1 The Purchaser or its Representative shall have the right to inspect and/or
Tests test the goods to confirm their conformity to the Technical Specification and
the quality of performance after the supply and delivery of good to the
Purchaser's premises
5.2 The Purchaser may reject any Goods or any part thereof that fail to pass
any test and/or inspection or do not conform to the specifications. The
Supplier shall either rectify or replace such rejected Goods or parts thereof
or make alterations necessary to meet the specifications at no cost to the
Purchaser.
6. Packing 6.1 The Supplier shall provide such packing of the goods as is required to
prevent their damage or deterioration during transmit to their final
destination as indicated in the contract.
6.2 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.
6.3 The packing, marking and documentation within and outside the packages
shall comply strictly with such special requirements as shall be expressly
provided in accordance with international standard and practice.
7. Delivery of 7.1 Delivery of the goods shall be made by the Supplier in accordance with the
Goods terms specified by the Purchaser in its Schedule of Requirements.
8. Insurance 8.1 The goods supplied under the contract shall be fully insured in the
currency of the Sealed Quotation price against loss or damage incidental to
manufacture or acquisition, transportation, storage and delivery in the manner
specified.
9. Warranty 9.1 The Supplier warrants that all the goods supplied under the contract shall
fully comply with the specification laid down in the contract.
9.2 Unless otherwise specified in the SCC, the warranty shall remain valid for
one year after the goods have been delivered to the final destination
indicated in the contract, and accepted by the Purchaser after installation
and commissioning of equipment by the Supplier.
9.3 The Purchaser shall promptly notify the Supplier in writing of any claims
arising under this warranty.
9.4 Upon receipt of such notice, the Supplier shall, with all reasonable speed,
replace the defective goods without cost to the Purchaser. The Supplier
will be entitled to remove, at its own risk and cost, the defective goods.
10. Payment 10.1 Payment shall be made in the Nepalese currency as specified in the SCC
10.2 Payment of the goods shall be made after the delivery and installation and
commissioning of goods (if applicable) to the satisfaction of the Purchaser.
11. Prices 11.1 Prices charged by the Supplier for goods delivered under the contract shall
not vary from the prices quoted by the Supplier in its sealed quotation.
12. Changed Order 12.1 Where the Purchaser desires to make changes in Schedule of
Requirement, it shall not exceed more than 15 percent.
13. Liquidated 13.1 If the Supplier fails to deliver any or all of the goods within the time period
Damages specified in the contract, the Purchaser shall, without prejudice to its other
remedies under the contract, deduct from the contract price, as liquidated
damages, a sum equivalent to 0.05 percent of the contract price of delayed
goods for each day of delay until actual delivery, up to a maximum
deduction of 10 percent of the delayed goods' contract price. Once the
maximum is reached, the Purchaser may consider termination of the
contract.
14. Resolution of 14.1 If any dispute or difference of any kind whatsoever shall arise between the
Disputes Purchaser and the Supplier in connection with or arising out of the Contract,
the parties shall make every effort to resolve amicably such dispute or
difference by mutual consultation.
14.2 If, after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the Purchaser or
Supplier may give notice to the other party of it’s intention to commence
arbitration, as hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such notice
is given.
14.2.1 Any dispute or difference in respect of such a notice of intention to
commence arbitration has been given in accordance with this
Clause shall be finally settled by arbitration.Arbitration may be
commenced prior to or after delivary of the Goods under the
Contract.
14.2.2 Arbitration proceedings shall be conducted in accordance with in
accordance with the rules of Nepal Council of Arbitration (NEPCA).
14.3 Notwithstanding any reference to arbitration herein,
15. Governing 15.1 The Governing Language shall be: Nepali or English
Language
16. Applicable Law 16.1 The applicable law shall be Laws of Nepal.
17. Notices 17.1 Any Notice given by one party to the other pursuant to the Contract shall be
in writing to the address specified in the SCC. The term “in writing” means
communicated in written form with proof of receipt
17.2 A Notice shall be effective when delivered or on the Notice’s effective date,
whichever is later.
18. Taxes and Duties 18.1 The Supplier shall be entirely responsible for all taxes, duties, licence fees
and other such levies imposed by the GON.
19. Operation, 19.1 The successful Supplier shall supply manufacturer's operation,
Maintenance and maintenance and spare-part manuals of the goods (Equipment) as
Spare-parts specified in SCC..
Manuals
20. Conduct of 20.1 The Supplier shall be responsible to fulfil his obligations as per the
Suppliers requirement of the Contract Agreement, Quotation documents, GoN’s
Procurement Act and Regulations.
20.2 The Supplier shall not carry out or cause to carryout the following acts with
an intention to influence the implementation of the procurement process or
the procurement agreement :
a. give or propose improper inducement directly or indirectly,
b. distortion or misrepresentation of facts
c. engaging or being involved in corrupt or fraudulent practice
d. interference in participation of other prospective bidders.
e. coercion or threatening directly or indirectly to impair or harm, any
party or the property of the party involved in the procurement
proceedings,
f. collusive practice among bidders before or after submission of bids for
distribution of works among bidders or fixing artificial/uncompetitive
bid price with an intention to deprive the Purchaser the benefit of
open competitive bid price..
g. contacting the Purchaser with an intention to influence the Purchaser
with regards to the bid or interference of any kind in examination and
evaluation of the bids during the period after opening of bids up to the
notification of award of contract
21. Blacklisting 21.1 Without prejudice to any right of the Purchaser under this Contract, the GoN,
Supplier Public Procurement and Monitoring Office (PPMO) may blacklist a Supplier
for his conduct up to three years on the following grounds and seriousness
of the act committed by the supplier:
a. if it is proved that the supplier committed acts pursuant to the Sub -
clause 20.2,
b. if the supplier fails to sign an agreement pursuant to ITB Clause 24,
c. if it is proved later that the supplier had committed substantial defect in
implementation of the contract or had not substantially fulfilled his
obligations under the contract or the completed work is not of the
specified quality as per the contract ,
d. if convicted by a court of law in a criminal offence which disqualifies the
supplier from participating in the contract.
21.2 A Supplier declared blacklisted and ineligible by the GON shall be ineligible
to bid for a contract during the period of time determined by PPMO and
credit information bureau of Nepal.
Section VII - Special Conditions of Contract (SCC)
GCC 4.1 The Currency of of the performance Security shall be in Nepalese Rupees.The amount of the performance security shall
be as follows:
(i) if bid price of the bidder selected for acceptance is up to 15 (fifteen) percent below the approved cost estimate, the
performance security amount shall be 5 (five) percent of the bid price.
(ii) For the bid price of the bidder selected for acceptance is more than 15 (fifteen) percent below of the cost estimate, the
performance security amount shall be determined as follows:
(iii) Performance Security Amount =[(0.85 x Cost Estimate – Bid Price) x 0.5] + 5% of Bid Price.
The Bid Price and Cost Estimate shall be inclusive of Value Added Tax.
GCC 10 The terms of payment to be made to the Supplier under the contract shall be as follows: Through accounts division/unit of
the Purchaser
Payments shall be made in Nepalese Rupees in the following manner:
Sample provisions:
Advance Payment:[Usually not more than twenty (20)] percent of the contract price shall be paid within thirty (30) days of
signing of the contract, and upon submission of request for advance and a bank guarantee from Commercial Bank or
Financial Institution eligible to issue Bank Guarantee as per prevailing Law for equivalent amount valid until the goods
are delivered and accepted and in the form provided in the Bidding Document.
On Delivery and acceptance:[Hundred (100) percent. of the Contract Price of the Goods and related services (installation
and commissioning of goods (if applicable)) to the satisfaction of the Purchaser delivered shall be paid within thirty (30)
days upon submission of Tax Invoice and claim supported by the acceptance certificate issued by the Purchaser or its
authorized person/s. Advance payment shall be deducted and settled in this payment.
Payments shall be made in Nepalese Rupees in the following manner:.
1 Advance payment 20
Designation:
Attention:
Address:
Designation:
Date……..
This is to notify that your Sealed Quotation dated . . . . for execution of the . . . . . . . . . .name of
the contract and identification number, as given in the Contract Data/SCC . . . . . . . . . . for the Contract
price of Nepalese Rupees [insert amount in figures and words in Nepalese Rupees], as
corrected in accordance with the Instructions to Bidders is hereby accepted in accordance with
the Instruction to Bidders.
You are hereby instructed to contract this office to sign the formal contract agreement within 7
days. As per the Conditions of Contract, you are also required to submit Performance Security,
as specified in SCC, consisting of a Bank Guarantee in the format included in Section VIII
(Contract Forms) of the Bidding Document.
The Purchaser shall forfeit the bid security, in case you fail to furnish the Performance Security
and to sign the contract within specified period.
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter
called “the Purchaser”) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called
“the Supplier”) of the other part:
WHEREAS the Purchaser invited Sealed Quotation for certain goods and ancillary services, viz., [brief description
of goods and services] and has accepted a SQ by the Supplier for the supply of those goods and services in the sum
of ………………………………………………. [contract price in words and figures] (hereinafter called “the
Contract Price”).
1. In this Agreement 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 Agreement,
viz.:
a. Form of Agreement
b. The Purchaser’s Notification of Award
c. The General Conditions of Contract;
d. Special Conditions of Contract
e. Quotation Form and the Price Schedule submitted by the Supplier;
f. The Schedule of Requirements;
.
3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the
Supplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects
therein in conformity in all respects with the provisions of the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and
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 Agreement to be executed in accordance with
their respective laws the day and year first above written.
On behalf of the Purchaser On behalf of the Supplier
Name: Name:
Designation: Designation:
Sign: Sign:
Seal: Seal:
3. Performance Security
Date :
WHEREAS [insert complete name of Supplier] (hereinafter “the Supplier”) has received
the notification of award for the execution of [insert identification number and name of
contract] (hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Supplier shall furnish you with a security [insert type of security] issued by a reputable
guarantor for the sum specified therein as security for compliance with the Supplier’s
performance obligations in accordance with the Contract.
AND WHEREAS the undersigned [insert complete name of Guarantor], legally
domiciled in [insert complete address of Guarantor], (hereinafter the “Guarantor”), have
agreed to give the Supplier a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf
of the Supplier, up to a total of [insert currency and amount of guarantee in words and
figures] and we undertake to pay you, upon your first written demand declaring the Supplier
to be in default under the Contract, without cavil or argument, any sum or sums within the
limits of [insert currency and amount of guarantee in words and figures] as aforesaid,
without your needing to prove or to show grounds or reasons for your demand or the sum
specified therein.
This security is valid until the [insert day, month, year].
Name: [insert complete name of person signing the Security]
In the capacity of: [insert legal capacity of person signing the Security]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the security for and on behalf of: [insert seal and complete name of
Guarantor]
Date: [insert date of signing]
4. Bank Guarantee for Advance Payment
[name of Contract]
In accordance with the payment provision included in the Contract, which amends Clause 10 of the General
Conditions of Contract to provide for advance payment, [name and address of Supplier] (hereinafter called “the
Supplier”) shall deposit with the Purchaser a bank guarantee to guarantee its proper and faithful performance under
the said Clause of the Contract in an amount of [amount of guarantee in figures and words].
We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally and irrevocably to
guarantee as primary obligator and not as surety merely, the payment to the Purchaser on its first demand without
whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding
[amount of guarantee in figures and words].
We further agree that no change or addition to or other modification of the terms of the Contract to be performed
there under or of any of the Contract documents which may be made between the Purchaser and the Supplier, shall
in any way release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition, or modification.
The validity period of the guarantee shall be 30 days beyond the period scheduled for repayment of the advance
payment and the guarantee shall remain valid and in full effect from the date of the advance payment under the
Contract until the Purchaser receives full repayment of the same amount from the Supplier.
Yours truly,
[address]
[date]