Bidding Document

District Council Bhakkar

District Bhakkar
Local Government & Community Development

Department

Bidding Document
for
Hiring of Sanitation Machinery on rental Basis for
Tehsil Bhakkar in jurisdiction of District Council
Bhakkar.
Local Government & Community Development
Department

BID / CONTRACT FORM

Name of Work: Hiring of Sanitation Machinery on rental Basis for
Tehsil Bhakkar in jurisdiction of District Council
Bhakkar.
Name of Contractor: __________________________________________

Amount of Bid Security Rs._____________/-

Call Deposit Receipt No: -------------------------- Dated--------------------------

Amount of call deposit Rs. ----------------- Bank/branch ---------------------

Validity of Bid. 90 Days, Started from the date of opening of financial Bid

Signature of Issuing Authority: ______________________

Stamp of Issuing Authority:

Stamp

Page 3 of 68
Table of Contents

PREFACE ............................................................... ERROR! BOOKMARK NOT DEFINED.

SECTION-I: INVITATION TO BIDS ..................................................................................7
1.1 MODEL INVITATION TO BID ............................... ERROR! BOOKMARK NOT DEFINED.
SECTION-II: INSTRUCTIONS TO BIDDERS (ITB) ......................................................10
2.1. INTRODUCTION...................................................................................................................10
2.1.1 Scope of Bid ................................................................................................................10
2.1.2 Source of Funds ..........................................................................................................10
2.1.3 Eligible Bidders ..........................................................................................................10
2.1.4. Cost of Bidding ........................................................................................................13
2.1.5. One person one bid ..................................................................................................13
2.1.6. Work Plan/Deputation Plan .....................................................................................13
2.2. THE BIDDING DOCUMENTS ................................................................................................14
2.2.1. Content of Bidding Documents ................................................................................14
2.2.2. Clarification of Bidding Documents ..........................................................................15
2.2.3. Amendment of Bidding Documents ............................................................................16
2.3. PREPARATION OF BIDS .......................................................................................................17
2.3.1. Language of Bid .......................................................................................................17
2.3.2. Bid Form ..................................................................................................................17
2.3.3. Bid Prices .................................................................................................................17
2.3.4. Bid Currencies ...........................................................................................................18
2.3.5. Documents Establishing Bidder’s Eligibility and Qualification ...............................18
2.3.6. Bid Security ..............................................................................................................18
2.3.7. Period of Validity of Bids.........................................................................................19
2.3.8. Format and Signing of Bid .......................................................................................20
2.3.9. Minimum Wage rates/all applicable taxes ...............................................................20
2.4. SUBMISSION OF BIDS ..........................................................................................................21
2.4.1 Sealing and Marking of Bids....................................................................................21
2.4.2 Deadline for Submission of Bids ..............................................................................23
2.4.3. Late Bids ....................................................................................................................23
2.4.4. Modification and Withdrawal of Bids ........................................................................23
2.5. OPENING AND EVALUATION OF BIDS .................................................................................24
2.5.1. Opening of Bids by the Procuring Agency ...............................................................24
2.5.2. Confidentiality............................................................................................................26
2.5.3. Clarification of Bids ...................................................................................................27
2.5.4. Preliminary Examination ...........................................................................................28
2.5.5. Examination of Terms and Conditions; Technical Evaluation ..................................29
2.5.6. Correction of Errors ..................................................................................................29
2.5.7. Conversion to Single Currency ..................................................................................30
2.5.8. Post-qualification & Evaluation of Bids ....................................................................30
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 2.5.9. Contacting the Procuring Agency ..............................................................................30
2.5.10. Grievance Redressal ................................................................................................31
2.6. AWARD OF CONTRACT .......................................................................................................32
2.6.1. Notification of Award .................................................................................................32
2.6.2. Performance Guarantee.............................................................................................32
2.6.3. Signing of Contract/ Issuance of work Order ............................................................33
2.6.4. Award Criteria ...........................................................................................................33
2.6.5. Procuring Agency’s Right to Vary Quantities at Time of Award ..............................33
2.6.6. Procuring Agency’s Right to Accept or Reject All Bids ............................................33
2.6.7. Re-Bidding .................................................................................................................34
2.6.8. Corrupt or Fraudulent Practices ...............................................................................34
SECTION-III. TECHNICAL SPECIFICATIONS ............... ERROR! BOOKMARK NOT
DEFINED.
3.1. TECHNICAL SPECIFICATIONS ........................................ ERROR! BOOKMARK NOT DEFINED.
3.2 SCOPE OF SERVICES ...................................................... ERROR! BOOKMARK NOT DEFINED.
SECTION-IV: BID DATA SHEET...................... ERROR! BOOKMARK NOT DEFINED.
4.1. BID DATA SHEET (BDS) ....................................................................................................39
SECTION-V: GENERAL CONDITIONS OF CONTRACT ............................................43
1. DEFINITIONS .........................................................................................................................43
2. APPLICATION ........................................................................................................................44
3. COUNTRY OF ORIGIN.............................................................................................................44
4. STANDARDS ..........................................................................................................................44
5. USE OF CONTRACT DOCUMENTS AND INFORMATION; INSPECTION AND AUDIT BY THE
PROCURING AGENCY. ................................................................................................................44
6. PERFORMANCE GUARANTEE .................................................................................................45
7. INCIDENTAL MATERIAL .....................................................................................................45
8. PAYMENT ..........................................................................................................................45
9. PRICES ..............................................................................................................................46
10. CHANGE ORDERS ..............................................................................................................46
11. CONTRACT AMENDMENTS ................................................................................................46
12. ASSIGNMENT.....................................................................................................................46
13. SUB-CONTRACTS .................................................................................................................46
14. DELAYS IN THE SERVICE PROVIDER’S PERFORMANCE ......................................................47
15. LIQUIDATED DAMAGES .....................................................................................................47
16. TERMINATION FOR DEFAULT ............................................................................................47
17. FORCE MAJEURE ...............................................................................................................49
18. TERMINATION FOR INSOLVENCY .......................................................................................50
19. TERMINATION FOR CONVENIENCE ....................................................................................50
20. RESOLUTION OF DISPUTES ................................................................................................50
21. GOVERNING LANGUAGE ...................................................................................................51
22. APPLICABLE LAW .............................................................................................................51
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23. NOTICES............................................................................................................................51
24. TAXES AND DUTIES...........................................................................................................51
SECTION-VI. SPECIAL CONDITIONS OF CONTRACT ERROR! BOOKMARK NOT
DEFINED.
SPECIAL CONDITIONS OF CONTRACT ........................................................................................52
1. Definitions (GCC Clause 1) .........................................................................................52
2. Performance Guarantee (GCC Clause 6)....................................................................52
3. Incidental Materials (GCC Clause 7) ..........................................................................52
4. Payment (GCC Clause 8).............................................................................................52
5. Prices (GCC Clause 9) ....................................................................................................53
6. Liquidated Damages (GCC Clause 15) ...........................................................................53
7. Resolution of Disputes (GCC Clause 20) ........................................................................53
8. Governing Language (GCC Clause 21) ..........................................................................53
9. Applicable Law (GCC Clause 22) ...................................................................................53
10. Notices (GCC Clause 23)...............................................................................................53
SECTION-VII. SCHEDULE OF REQUIREMENTS/WORK PLAN/ DEPUTATION
PLAN ....................................................................... ERROR! BOOKMARK NOT DEFINED.
SECTION-VIII: SAMPLE FORMS .................... ERROR! BOOKMARK NOT DEFINED.
8.1 BID FORM ...........................................................................................................................54
6.2 BIDDER’S JV MEMBERS INFORMATION FORM ..................................................................57
8.3. BIDDER PROFILE FORM ......................................................................................................58
8.4. GENERAL INFORMATION FORM ..........................................................................................59
8.5. AFFIDAVIT .........................................................................................................................60
8.6. PERFORMANCE GUARANTEE FORM ....................................................................................61
8.7. TECHNICAL BID FORM .......................................................................................................62
8.8. CONTRACT FORM ...............................................................................................................63
8.9. FINANCIAL BID FORM/PRICE SCHEDULE ............................................................................65
8.10. BID SECURITY FORM ........................................................................................................66
SECTION IX- CHECK LIST ...............................................................................................67

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Invitation to Bids

(Tender Notice)

Page 7 of 68
 Bid Schedule

Sr. Item Description Unit Quantity Rate Amount

No.
Removing of Old Wiring i/c Switch Boards,
1 PVC Pipes, Plugs etc. Complete in all Job 1
respects.
2 Removing door and windows with chowkat. Per No. 10
Providing and fixing ply sheet door with
3 Per No. 5
long arrangement, complete in all respects.
Providing and Fixing of Glazed Aluminum
windows, partially fixed and partially
sliding using section of approved
4 manufacturer having frame size (4” x 1- Per. Sft 71
1/4”) and leaf frame section (2” x ¾”) , all
of 1.6mm thickness including 5mm thick
glass with rubber complete in all respects.
Pacca brick work in foundation and plinth in
5 % Cft 142
Cement, sand mortar ratio (1:5).
½” thick Cement plaster 1:4 upto 20' (6.00
6 % Sft 556
m) height.
¾” thick Cement plaster 1:3 upto 20' (6.00
7 % Sft 4179
m) height. (In floors)
Painting doors and windows, any type, first
8 % Sft 1000
coat and subsequent coats.
Providing and Fixing PVC Wall paneling of
size (10” x 9-1/2”) design, colour and
9 Per Sft 983
quality approved by Engineer Incharge,
complete in all respects.
Providing and laying of PVC False Ceiling
10 design, colour and quality approved by Per Sft 334
Engineer Incharge, complete in all respects.
Providing and laying superb quality Ceramic
tiles floor of Master/ Stile brand or approved
equivalent manufacturer of specified size,
Glossy/ Matt/ Texture of approved Color and
11 Per Sft 930
Shade with adhesive bond over 3/4"thick
(1:2) cement plaster i/c the cost of sealer for
finishing the joints i/c cutting grinding
complete in all respects as approved and

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 directed by the Engineer Incharge. Size (24”x
24”).

Providing and applying weather shield paint

of approved quality on new external surface
12 % Sft 2000
of building including preparation of surface,
application of primer complete in all respect.

13 Distempering two coats on old surfaces % Sft 2000

Providing and fixing of sanitary work and

14 Per Job 1
washroom accessories.

15 Providing and Fixing of Electric Work. Per Job 1

Providing and Laying of Type C (nominal

Mix 1:2:4) Reinforced cement concrete in
roof slab, beams, extra. columns lintels,
16 girders and other structural members laid in Per Cft 21
situ or precast laid in position, or prestressed
members cast 3) This item shall not be
applicable in situ, complete in all respects:-

Signature & Stamp of Contractor: __________________________

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 Section-II: Instructions to Bidders (ITB)

2.1. Introduction

i) The Procuring Agency (PA), as indicated in the Bid Data Sheet

2.1.1 Scope of Bid (BDS) invites Bids for the provision of Repair & Maintenance
and rental services as specified in the Section-IV Bid Data
Sheet (BDS) and Section VII- Schedule of Requirements. The
successful Bidders will be expected to provide the services for
the specified period and timeline(s) as stated in the BDS.

i) The Procuring Agency named in the Bid Data Sheet has

2.1.2 Source of received budget from Own Source Revenue. The Procuring
Funds Agency intends to apply the provided funds/ a portion of this
budget to make eligible payments under the contract for which
the Invitation to bids has been issued.

i) The Invitation to Bids is open to all Contractors, Service

2.1.3 Eligible Providers i.e. association of firms/companies/sole proprietor/
Bidders JVs, registered with relevant Registration Authorities and Tax
Departments/Authorities (Income Tax, Sales Tax & Punjab
Sales Tax etc.) ,except as provided hereinafter.

ii) Bidders should not be 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
consultancy services for the preparation of the design,
specifications, and other documents to be used for the
procurement of the services to be purchased under this
Invitation to Bids.

iii) Government-owned enterprises may participate only if they are

duly/legally authorized in this regard by the respective/relevant
competent forum/authority.

iv) Bidders shall not be under a declaration of blacklisting by the

Procuring Agency.

v) 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
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 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.

vi) 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.

vii) Any agreement that form a joint venture, consortium or

association shall be required to be submitted as part of the Bid
and shall be attested.

viii) 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 evaluated or
post qualified with respect to its contribution only and the
responsibilities of each party and shall not be substantially
altered without prior written approval of the Procuring Agency
and in line with any instructions issued by the Authority.

ix) The invitation for Bids is open to all prospective bidder/service

provider subject to any provisions or licensing/regulatory
requirements issued by the respective national/ provincial
professional statutory body established for that particular trade
or business.

x) A Bidder shall not have a conflict of interest. All Bidders found

to have a conflict of interest shall be disqualified. A Bidder 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 services 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
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 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 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,
However, this does not limit the participation of
subcontractors in more than one Bid.

xi) A Bidder may be ineligible if –

(a) the Bidder 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 debarred and blacklisted due to involvement
in corrupt and fraudulent practices in accordance with the
provision of section 17A of PPRA Act, 2009 and Rule-21,
read with Schedule appended with, Punjab Procurement
Rules, 2014.
(f) The Bidder is debarred and blacklisted in general (i.e. to
the extent of all public procurement) due to consistent
performance failure in accordance with the section 17A of
PPRA Act, 2009 and Rule-21, read with Schedule
appended with, Punjab Procurement Rules, 2014.

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 (g) The firm, Service Provider and contractor is blacklisted/
debarred by any international organization.

xii) 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.
xiii) Bidders shall provide such evidence of their continued
eligibility satisfactory to the Procuring Agency, as the
Procuring Agency shall reasonably request.
xiv) 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 more than ten
percent of the Bid price is envisaged.

i) The Bidder shall bear all costs associated with the preparation
2.1.4. Cost of and submission of its Bid, and the Procuring Agency named in
Bidding the Bid Data Sheet, hereinafter referred to as “the Procuring
Agency,” will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the Bidding process.

i) As per Rule 36A of Punjab Procurement Rules 2014, a Bidder

2.1.5. One person shall submit only one Bid in the same bidding process, either
one bid individually as a Bidder or as a member in a joint venture or any
similar arrangement.

ii) 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.

iii) A Bidder, if acting in the capacity of sub-contractor in any Bid,

shall not submit bid for the same.

i) The Bidder shall be responsible for the provision of bids as per

2.1.6. Work work plan/deputation plan formulated by the procuring agency
Plan/Deputation and procuring agency may also, from time to time amend the
Plan same as per its requirement.

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2.2. The Bidding Documents

i) The services required, Bidding procedures, and contract terms

2.2.1. Content of are prescribed in the Bidding documents. The Bidding
Bidding documents, inter alia, include:
Documents
(a) Invitation to Bids
(b) Instructions to Bidders (ITB)
(c) Technical Specifications
(d) Bid Data Sheet
(e) General Conditions of Contract (GCC)
(f) Special Conditions of Contract (SCC)
(g) Schedule of Requirements
(h) Bid Form
(i) Bidder Profile Form
(j) General Information Form
(k) Affidavit
(l) Bid Security Form
(m) Technical Bid Form
(n) Contract Form
(o) Financial Bid Form / Price Schedule
(p) Performance Guarantee Form
(q) Check List

ii) The Bidder is required to examine all instructions, forms, terms,

and specifications in the Bidding documents. Failure to furnish
all information as required by the Bidding documents or to
submit a Bid not substantially responsive to the Bidding
documents in every respect will be at the Bidder’s risk and may
result in the rejection of its Bid.
iii) In case of discrepancies between the Invitation to Bid and the
Bidding Documents listed in ITB 2.2.1 (i) above, the said
Bidding Documents, not in conflict with any provision of PPR-
14, will take precedence.
iv) 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 from its website
or website of PPRA. Re-confirming from the Procuring Agency
that all pages/ contents have been properly and clearly received
is the prime responsibility of the Bidder.

Page 14 of 68
 i) A prospective Bidder requiring any clarification of the Bidding
2.2.2. Clarification documents may notify the Procuring Agency in writing or by
of Bidding email at the Procuring Agency’s address indicated in Invitation
Documents to Bid/ Tender Notice/ Advertisement. The Procuring Agency
will respond in writing to any request for clarification of the
Bidding documents which it receives no later than seven (7)
days prior to the deadline for the submission of Bids prescribed
in the Bid Data Sheet. Written copies of the Procuring Agency’s
response (including an explanation of the query but without
identifying) will be sent to all prospective Bidders that have
received the Bidding documents.

ii) A prospective Bidder requiring any clarification of the Bidding

Documents may notify the Procuring Agency in writing or in
electronic form that provides record of the content of
communication at the Procuring Agency's address indicated in
the BDS.

iii) 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 clarification provided that
such request is received not later than seven (7) days prior to the
deadline for the submission of Bids. As prescribed in ITB 2.2.2
(i), above. However, this clause shall not apply in case of
alternate methods of Procurement.

iv) Copies of the Procuring Agency's response will be forwarded to

all identified Prospective Bidders through an expeditious
identified source of communication, e.g.: e-mail etc., including
a description of the inquiry, but without identifying its source.

v) 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 2.2.3.

vi) 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.

vii) Minutes of the pre-Bid meeting, if applicable, including the text

of the questions asked by Bidders, including those during the
Page 15 of 68
 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
2.2.3. Non-attendance at the pre-Bid meeting will not be a cause
for disqualification of a Bidder.

i) At any time prior to the deadline for submission of Bids, but not
2.2.3. Amendment later than three (3) days before the closing time of the
of Bidding submission of Bid, the Procuring Agency, for any reason,
Documents whether at its own initiative or in response to a clarification
requested by a prospective Bidder, may modify the Bidding
documents by amendment. Any such change/amendment in the
Bidding documents shall be provided in a timely manner,
preferably through electronic means also, not later than three (3)
days, and on equal opportunity basis as per Rule-25(3) of PPR-
14.

ii) All prospective Bidders that have received the Bidding

documents will be notified of the amendment in writing or by
email, and will be binding on them.

iii) Before the deadline for submission of Bids, the Procuring

Agency for any reason, whether at its own initiative or in
response to a clarification requested by a prospective Bidder or
pre-Bid meeting may modify the Bidding Documents by issuing
addenda.

iv) Any addendum issued including the notice of any extension of

the deadline shall be part of the Bidding Documents and shall
be communicated in writing or in any identified electronic form,
e.g. email that secures record of the content of subject
communication.

v) In order to allow prospective Bidders reasonable time in which

to take an addendum into account in preparing their Bids, the
Procuring Agency, at its discretion, may extend the deadline for
the submission of Bids, as per rule 29 of PPR-14, in the manner
similar to the original advertisements, so as to avoid any

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 inconvenience and to doubly ensure level playing field for all
prospective bidders.

2.3. Preparation of Bids

i) The Bid prepared by the Bidder, as well as all correspondence

2.3.1. Language and documents relating to the Bid exchanged by the Bidder and
of Bid the Procuring Agency shall be written in the language specified
in the Bid Data Sheet. Supporting documents and printed
literature furnished by the Bidder may be in same language.

i) The Bidder shall complete the Bid Form and the appropriate
2.3.2. Bid Form Price Schedule (Financial Bid) furnished in the Bidding
documents, indicating the simple services/janitorial
services/security services/repair and maintenance/any other
services etc. etc. to be provided.

i) The Bidder shall indicate on form 8.10 the unit prices (where
2.3.3. Bid Prices applicable) and total Bid price of the person/guard [to be
decided by the procuring agency] the services of which it
proposes to provide under the contract.

ii) Prices indicated on the Price Schedule shall be item wise/

package wise [to be decided by the Procuring Agency on form
8.10]

iii) The Bidder’s separation of price components in accordance

with ITB Clause 2.3.4(i) above will be solely for the purpose of
facilitating the comparison of Bids by the Procuring Agency
and will not in any way limit the Procuring Agency’s right to
contract on any of the terms offered.

iv) Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the contract and not subject to variation on any
account, unless otherwise specified in the Bid Data Sheet. A
Bid submitted with an adjustable price quotation will be
treated as non-responsive and may be rejected.

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 i) Prices shall be quoted in Pak Rupees unless otherwise
2.3.4. Bid specified in the Bid Data Sheet.
Currencies
ii) The Bidders must adhere to the minimum wage rate (notified
by Labour & Human Resource Department) and all applicable
taxes (imposed by FBR/PRA/any other government
organization) while preparing financial bid.

i) Pursuant to ITB Clause 2.1.3, the Bidder shall furnish, as part

2.3.5. Documents of its Bid, documents establishing the Bidder’s eligibility to Bid
Establishing and its qualifications to perform the contract if its Bid is
Bidder’s accepted.
Eligibility and
Qualification ii) The documentary evidence of the Bidder’s eligibility to Bid
shall establish to the Procuring Agency’s satisfaction that the
Bidder, at the time of submission of its Bid, is eligible as
defined under ITB Clause 2.1.3.

iii) The documentary evidence, of the Bidder’s qualifications to

perform the contract if its Bid is accepted, shall establish to the
Procuring Agency’s satisfaction:
(a) that the Bidder has the financial, technical capability
necessary to perform the contract;

(b) That the Bidder meets the qualification criteria listed in the
Bid Data Sheet.

i) The Bidder shall furnish, as part of its Bid, a Bid security in the
2.3.6. Bid amount specified in the Bid Data Sheet.
Security ii) The Bid security is required to protect the Procuring Agency
against the risk of Bidder’s conduct which would warrant the
security’s forfeiture Pursuant to ITB Clause 2.3.6. (vii).
iii) The Bid security shall be in Pakistan Rupees and shall be in one
of the following forms:
(a) Bank Guarantee, Bank call-deposit (CDR), Demand Draft
(DD), Pay Order (PO) or Banker’s cheque valid for (90)
Days, beyond the validity of Bid.
iv) Any Bid not secured in accordance with ITB Clauses 2.3.7 (i)
and (iii) may be rejected by the Procuring Agency as non-
responsive.
v) Unsuccessful Bidders’ Bid security will be discharged or
returned as promptly as possible but not later than thirty (30)
days after the expiration of the period of Bid validity prescribed

Page 18 of 68
 by the Procuring Agency pursuant to ITB Clause 2.3.7 (iii) (a)
or along with unopened financial proposal as per rule
38(2)(a)(vii) of PPR-14, which shall take precedence, and is as
under:

“38(2)(a)(vii) the financial proposal of the Bids found technically

non-responsive shall be retained unopened and shall be
returned on the expiry of the grievance period or the decision of
the complaint, if any, filed by the non-responsive Bidder,
whichever is later:
provided that the Procuring Agency may return the sealed
financial proposal earlier if the disqualified or non-responsive
Bidder, contractor or consultant submits an affidavit, through
an authorized representative, to the effect that he is satisfied
with the proceedings of the Procuring Agency”.

vi) The successful Bidder’s Bid security will be discharged upon the
Bidder signing the contract, pursuant to ITB Clause 2.6.1, and
furnishing the Performance Guarantee, pursuant to ITB Clause
2.6.2.

vii) The Bid security may be forfeited:

a. if a Bidder withdraws its Bid during the period of Bid

validity specified by the Bidder on the Bid Form; or

b. in the case of a successful Bidder, if the Bidder:

i. fails to sign the contract in accordance with ITB Clause

2.6.3; or

ii. fails to furnish Performance Guarantee in accordance

with ITB Clause 2.6.2; or

iii. is blacklisted under relevant provisions of PPRA Act,

2009 and PPR-14.

i) Bids shall remain valid for the period specified in the Bid Data
2.3.7. Period of Sheet after the date of Bid opening prescribed by the Procuring
Validity of Bids Agency. A Bid valid for a shorter period may be rejected by the
Procuring Agency as non-responsive.

ii) In exceptional circumstances, the Procuring Agency may solicit

the Bidder’s consent to an extension of the period of validity (as

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 per rule-28 of PPR-14). The request and the responses thereto
shall be made in writing (or by email). The Bid security
provided under ITB Clause 2.3.7 shall also be suitably
extended. A Bidder may refuse the request without forfeiting its
Bid security. A Bidder accepting the request will not be
required nor permitted to modify its Bid.
i) The Bidder shall prepare an original and the number of copies
2.3.8. Format and of the Bid indicated in the Bid Data Sheet, clearly marking each
Signing of Bid “ORIGINAL BID” and “COPY OF BID,” as appropriate. In the
event of any discrepancy between them, the original shall
prevail.

ii) 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 bind the Bidder to the
contract. All pages of the Bid, shall be initialed by the person
or persons signing the Bid.

iii) Any interlineation, erasures, or overwriting shall be valid only

if they are initialed by the person or persons signing the Bid.

iv) 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, shall be initialed by the person or persons
signing the Bid.

v) Any interlineations, erasures, or overwriting shall be valid only

if they are signed by the person or persons signing the Bidder.

vi) The Bidder shall furnish information as described in the Form

of Bid on commissions or gratuities, if any, paid or to be paid
to agents relating to this Bid and to contract execution if the
Bidder is awarded the contract.

i) The Bidders must adhere to the minimum wage rate (notified

2.3.9. Minimum by Labour & Human Resource Department) and all applicable
Wage rates/all taxes (imposed by FBR/PRA/any other government
applicable taxes organization) while preparing financial bid.

Page 20 of 68
2.4. Submission of Bids

i) As per Rule 24, the Bidder shall seal the original and each copy
2.4.1 Sealing and of the Bid in separate envelopes, duly marking the envelopes as
Marking of Bids “ORIGINAL” and “COPY.” The envelopes shall then be sealed
in an outer envelope.

ii) The inner and outer envelopes shall:

a. be addressed to the Procuring Agency at the address given
in the Bid Data Sheet; and
b. bear the title of procurement Activity indicated in the Bid
Data Sheet, the Invitation to Bids (ITB) title and number
indicated in the Bid Data Sheet, and a statement: “DO NOT
OPEN BEFORE….. (time and date),” [to be completed with
the time and the date specified in the Bid Data Sheet,
pursuant to ITB Clause 2.4.2.]

iii) The inner envelopes shall also indicate the name and address of
the Bidder to enable the Bid to be returned unopened in case it
is declared “late”.

iv) If the outer envelope is not sealed and marked as required by

ITB Clause 2.4.1 (i), the Procuring Agency will assume no
responsibility for the Bid’s misplacement or premature opening.

v) In case of Single Stage One Envelope Procedure, the 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-38 of
PPR-2014, which shall have precedence.
vi) The inner and outer envelopes shall:

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 a) be addressed to the Procuring Agency at the address 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 2.4.2.

vii) 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) The envelopes containing the ORIGINAL and copies will be
put in one sealed envelope and addressed / identified as
given in BDS.

viii) The inner and outer envelopes shall:

a) be addressed to the Procuring Agency at the address
provided in the BDS;
b) bear the name and identification number of the contract as
defined in the BDS; and provide a warning not to open
before the time and date for bid opening, as specified in the
BDS, pursuant to ITB 2.4.2;
c) In addition to the identification required in Sub- Clause (b)
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 ITB.2.4.3.

ix) If all envelopes are not sealed and marked as required by ITB
2.4.1 or incorrectly marked, the Procuring Agency will assume
no responsibility for the misplacement or premature opening of
Bid.

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 i) Bids must be received by the Procuring Agency at the address
2.4.2 Deadline specified under BDS no later than the time and date specified
for Submission of in the Bid Data Sheet.
Bids
ii) The Procuring Agency may, at its discretion and as per rule 29
of PPR-14, extend this deadline for the submission of Bids by
amending the Bidding documents in accordance with ITB
Clause 2.2.2 & 2.2.3 in which case all rights and obligations of
the Procuring Agency and Bidders previously subject to the
deadline will thereafter be subject to the deadline as extended.

iii) Bids shall be received by the Procuring Agency at the address

specified under BDS no later than the date and time specified
in the BDS.
i) Any Bid received by the Procuring Agency after the deadline
2.4.3. Late Bids for submission of Bids prescribed by the Procuring Agency
pursuant to ITB Clause 2.4.2 will be rejected and returned
unopened to the Bidder.

ii) The Procuring Agency shall not consider for evaluation any Bid
that arrives after the deadline for submission of Bids.

iii) 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.

i) The Bidder may modify or withdraw its Bid after the Bid’s
2.4.4. Modification submission, provided that written notice of the modification,
and Withdrawal including substitution or withdrawal of the Bids, is received by
of Bids the Procuring Agency prior to the deadline prescribed for
submission of Bids.

ii) The Bidder’s modification or withdrawal notice shall be

prepared, sealed, marked, and dispatched in accordance with
the provisions of Clause (i) A withdrawal notice may also be
sent by email, but followed by a signed confirmation copy,
postmarked not later than the deadline for submission of Bids.

iii) No Bid may be modified after the deadline for submission of

Bids.

iv) No Bid may be withdrawn in the interval between the deadline

for submission of Bids and the expiration of the period of Bid
validity specified by the Bidder on the Bid Form. Withdrawal
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 of a Bid during this interval may result in the Bidder’s forfeiture
of its Bid security (along with other remedies available under
PPR-14), pursuant to the ITB Clause 2.3.7 (vii).

v) A Bidder may withdraw its Bid after it has been 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.

vi) Revised bid may be submitted after the withdrawal of the

original bid before the deadline for submission of Bids.

2.5. Opening and Evaluation of Bids

i) The Procuring Agency will open all Bids, in public, in the

2.5.1. Opening of presence of Bidders’ or their representatives who choose to
Bids by the attend, and other parties with a legitimate interest in the Bid
Procuring Agency 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.

ii) 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.

iii) Second, outer envelopes marked “SUBSTITUTION” shall be

opened. The inner envelopes containing the 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.

iv) 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
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 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.

v) 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.

vi) 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.

vii) 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 Security, if required; and
(d) Any other details as the Procuring Agency may consider
appropriate.

viii) 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.

ix) 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
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 Agency against any claim or failure to read out the correct
information contained in the Bidder’s Bid.

x) 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 2.4.3 (i).

xi) 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.

xii) 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.

xiii) A copy of the minutes of the Bid opening shall be furnished to

individual Bidders upon request.

[if Procuring Agency opts for single stage one envelope

procedure as per rule 38(1) of PPR-14, clause (vi) to (xiii)
should be formulated accordingly by the procuring agency.]

i) Information relating to the examination, clarification,

2.5.2. evaluation and comparison of Bids and recommendation of
Confidentiality 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 in
accordance with the requirements of rule 37 of PPR-14.

ii) Any effort by a Bidder to influence the Procuring Agency

processing of Bids or award decisions may result in the
rejection of its Bid.

iii) Notwithstanding ITB Clause 2.2.2 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

Page 26 of 68
 Bidding process, it should do so in writing or in electronic forms
that provides record of the content of communication.

i) As per rule 33(2) of PPR-14, to assist in the examination,

2.5.3. Clarification evaluation and comparison of Bids and post-qualification of the
of Bids Bidders, the Procuring Agency may, at its discretion, 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.

ii) 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
Clause 2.5.6.

iii) The alteration or modification in The Bid which in any way

affect the following parameters will be considered as a change
in the substance of a bid:

a) evaluation & qualification criteria;

b) required scope of simple services/janitorial
services/security services/repair and maintenance/any
other services etc. and related materials.
c) all securities requirements;
d) tax requirements;
e) Terms and conditions of bidding documents.
f) change in the ranking of the Bidder

iv) 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 Bid it should do so in writing or in
electronic forms that provide record of the content of
communication.

Page 27 of 68
 i) The Procuring Agency will examine the Bids to determine
2.5.4. Preliminary whether they are complete, whether any computational errors
Examination have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether
the Bids are generally in order.

ii) Arithmetical errors will be rectified on the following basis:-

a. 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. If the Service Provider does not
accept the correction of the errors, its Bid may be
rejected, and its Bid security may be forfeited.
b. If there is a discrepancy between words and figures, the
amount in words will prevail.

iii) Prior to the detailed evaluation, the Procuring Agency will

determine the substantial responsiveness of each Bid to the
Bidding documents, pursuant to ITB Clause 2.5.5. For purposes
of these Clauses, a substantially responsive Bid is one which
conforms to all the terms and conditions of the Bidding
documents without material deviations. Deviations from, or
objections or reservations to critical provisions, such as those
concerning Bid Security (ITB Clause 2.3.7), Applicable Law
(GCC Clause 30), and Taxes and Duties (GCC Clause 32) &
mandatory Registrations/ Renewals will be deemed to be a
material deviation. The Procuring Agency’s determination of a
Bid’s responsiveness is to be based on the contents of the Bid
itself without recourse to extrinsic evidence.

iv) If a Bid is not substantially responsive, it will be rejected by the

Procuring Agency and may not subsequently be made
responsive by the Bidder by correction of the non-conformity.

v) Prior to the detailed evaluation of Bids, the Procuring Agency

will determine whether each Bid:
a) meets the eligibility criteria defined in ITB 2.1.3;
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

Page 28 of 68
 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.

i) The Procuring Agency shall examine the Bid to confirm that all
2.5.5. Examination terms and conditions specified in the GCC and the SCC have
of Terms and been accepted by the Bidder without any material deviation or
Conditions; reservation.
Technical
Evaluation ii) The Procuring Agency shall evaluate the technical aspects of
the Bid submitted to confirm that all requirements specified in
Section VII – Schedule of Requirements & Evaluation
Criteria as provided in BDS, have been met without material
deviation or reservation.

iii) If after the examination of the terms and conditions and the
technical evaluation, the Procuring Agency determines that the
Bid is not responsive in accordance, it shall reject the Bid.

i) Bids determined to be substantially responsive will be checked

2.5.6. Correction for any arithmetic errors. Errors will be corrected as follows: -
of Errors 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-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.
ii) The amount stated in the Bid will, be adjusted by the Procuring
Agency in accordance with the above procedure for the
correction of errors. 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
Page 29 of 68
 the Bid Security may be forfeited or the Bid Securing
Declaration may be executed in accordance with ITB 2.3.7.

i) As per rule 32(2) of PPR-14, to facilitate evaluation and

2.5.7. Conversion comparison, the Procuring Agency will convert all Bid prices
to Single Currency expressed in the amounts in various currencies in which the Bid
prices as follows:
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 bids specified in the bidding
documents, as notified by the State Bank of Pakistan on that day.

i) In the absence of prequalification, the Procuring Agency will

2.5.8. Post- determine to its satisfaction whether the Bidder is qualified to
qualification & perform the contract satisfactorily, in accordance with the
Evaluation of Bids evaluation criteria listed in BDS & pursuant to ITB Clause
2.1.3.

ii) The determination will take into account the Bidder’s financial,
technical, and production/ supplying capabilities. It will be
based upon an examination of the documentary evidence of the
Bidder’s qualifications submitted by the Bidder, as well as such
other information required for eligibility/qualification
expressed in Bid Data Sheet as the Procuring Agency deems
necessary and appropriate.

iii) The Procuring Agency will technically evaluate and compare the
Bids which have been determined to be substantially responsive,
pursuant to ITB Clause 2.5.5.
iv) The financial evaluation of a Bid will be on the basis of form
of Price Schedules/ Financial Bid Form 8.10 to be decided by
the Procuring Agency which must include clear cut instruction
regarding evaluation inclusive of all prevailing taxes, duties,
fees along with observance of minimum wages etc.

i) Subject to ITB Clause 2.5.3, no Bidder shall contact the

2.5.9. Contacting Procuring Agency on any matter relating to its Bid, from the
the Procuring time of the Bid opening to the time the evaluation report is made
Agency public i.e. 10 days before the contract is awarded. If the Bidder
wishes to bring additional information or has grievance to the
notice of the Procuring Agency, it should do so in writing.
Page 30 of 68
 ii) Any effort by a Bidder to influence the Procuring Agency
during Bid evaluation, or Bid comparison may result in the
rejection of the Bidder’s Bid.

i) As per Rule-67 of PPR-14, Procuring Agency shall constitute a

2.5.10. Grievance Grievance Redressed Committee (GRC) comprising of odd
Redressal number of persons with proper powers and authorization to
address the complaints. The GRC shall not have any of the
members of the Procurement Evaluation Committee. The
Committee may preferably have one subject specialist
depending upon the nature of the procurement in addition to one
person with legal background as per their availability to the
Procuring Agency.

ii) Any Bidder feeling aggrieved can file its written complaint
against the eligibility parameters or any other terms and
conditions prescribed in the Bidding documents found contrary
to provision of Rule 33, and the same shall be addressed by the
GRC well before the proposal submission deadline.

iii) Any party can file its written complaint against the eligibility
parameters or any other terms and conditions prescribed in the
bidding documents found contrary to provision of Rule 34 and
the same shall be addressed by the GRC well before the
proposal submission deadline.

iv) 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 ten days
after the announcement of the Final evaluation reports. In case
of single stage - two envelope bidding procedure any bidder
feeling aggrieved from technical evaluation may file a
grievance within 5 days of announcement of the technical
evaluation report. After completion of the technical evaluation
process, the procuring agency shall immediately upload the
technical evaluation report on the website of PPRA for
obtaining/ receiving grievance petitions from the prospective
bidders (if any).

v) In case, the complaint is filed after the issuance of the final

evaluation report, the complainant cannot raise any objection
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 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.

vi) The GRC shall investigate and decide upon the complaint
within fifteen days of the receipt of the complaint. Mere fact of
lodging of a complaint shall not warrant suspension of the
procurement process.

2.6. Award of Contract

i) Prior to the expiration of the period of Bid validity, the
2.6.1. Notification
Procuring Agency will notify the successful Bidder in writing
of Award
by registered letter or by email to be confirmed in writing by
registered letter, that its Bid has been accepted.

ii) The notification of award will constitute the formation of the

Contract.

iii) Upon the successful Bidder’s furnishing of the Performance

Guarantee pursuant to ITB Clause 2.6.2 (i), the Procuring
Agency will promptly notify each unsuccessful Bidder and will
discharge its Bid security, pursuant to ITB Clause 2.3.7 (v).

i) Within fifteen (15) [to be decided by the procuring agency]days

2.6.2. Performance of the receipt of notification of award from the Procuring
Guarantee Agency, the successful Bidder shall furnish the Performance
Guarantee in accordance with the Conditions of Contract, in the
Performance Guarantee Form provided in the Bidding
documents, or in another form acceptable to the Procuring
Agency.

ii) Failure of the successful Bidder to comply with the requirement

of ITB Clause (i) above or ITB Clause 2.6.3 shall constitute
sufficient grounds for the annulment of the award and forfeiture
of the Bid security along with other remedies available under
PPR-14. After that, the Procuring Agency may decide to award
the contract to the next lowest evaluated Bidder, keeping in
view the Bid validity time, or call for new Bids keeping in view
the concept of value for money as defined under rule-2(ae) read

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 with Principles of Procurement as enunciated in rule-4 of PPR-
14.

i) At the same time as the Procuring Agency notifies the

2.6.3. Signing of successful Bidder that its Bid has been accepted, the Procuring
Contract/ Issuance Agency will send the Bidder the Contract Form provided in the
of work Order Bidding documents, incorporating all agreements between the
parties or will issue the purchase order [as the case may be].

ii) Under rule-63 of PPR-14, where the Procuring Agency requires

formal signing of contract, within seven (07) days of receipt of
the Contract Form, the successful Bidder shall sign and mention
date of the contract and return it to the Procuring Agency.

iii) Where no such formal signing is required by the procuring

agency, the procuring agency shall issue purchase order after
the receipt of required performance guarantee, as per rule 55 of
PPR-14.

i) Subject to ITB Clause 2.6.2, under rule-55 of PPR-14, the

2.6.4. Award Procuring Agency will award the contract to the successful
Criteria Bidder whose Bid has been determined to be substantially
responsive and has been determined to be the lowest evaluated
Bid, provided that the Bidder has been determined to be
qualified to perform the contract satisfactorily.

i) The Procuring Agency reserves the right at the time of contract

2.6.5. Procuring award to increase or decrease the quantity of simple
Agency’s Right to services/janitorial services/security services/repair and
Vary Quantities at maintenance/any other services etc. originally specified in the
Time of Award Schedule of Requirements without any change in unit price or
other terms and conditions, on the analogy of rule-59 (iv) of
PPR-14 (not more than 15%).

i) As per rule 35 of PPR-14, the Procuring Agency reserves the

2.6.6. Procuring right to accept or reject all Bids or proposals (and to annul the
Agency’s Right to Bidding process) at any time prior to the acceptance of any Bid
Accept or Reject or proposal, without thereby incurring any liability towards the
All Bids Bidders. However, the Authority (i.e. PPRA) may call from the
Procuring Agency the justification of those grounds.

ii) The Bidders shall be promptly informed about the rejection of

the Bids, if any
Page 33 of 68
 iii) The Procuring Agency shall upon request communicate to any
Bidder, the grounds for its rejection of all Bids or proposals, but
shall not be required to justify those grounds.

i) If the Procuring Agency rejects all the Bids under rule 35, it
2.6.7. Re-Bidding may proceed with the process of fresh Bidding but before doing
that it shall assess the reasons for rejection and may, if
necessary, revise specifications, evaluation criteria or any other
condition for Bidders.

i) The Procuring Agency requires that Bidders, Service Providers,

2.6.8. Corrupt or and Contractors observe the highest standard of ethics during
Fraudulent the procurement and execution of contracts.
Practices
“Corrupt practices” in respect of procurement process, shall be
as given in S-2 (d) of PPRA, Act, 2009, which is as follows:

“(d) “corrupt practice” means the offering, giving, receiving,

or soliciting of anything of value to influence the action of a
public official, bidder or Contractor in the procurement process
or in Contract execution to the detriment of the procuring
agency; or misrepresentation of facts in order to influence a
procurement process or the execution of a Contract, collusive
practices among bidders (prior to or after bid submission)
designed to establish bid prices at artificial, noncompetitive
levels and to deprive the procuring agency of the benefits of free
and open competition and any request for, or solicitation of
anything of value by any public official in the course of the
exercise of his duty; it may include any of the following:

i. coercive practice by impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property
of the party to influence the actions of a party to achieve a
wrongful gain or to cause a wrongful loss to another party;
ii. collusive practice by arrangement between two or more parties
to the procurement process or Contract execution, designed to
achieve with or without the knowledge of the procuring agency
to establish prices at artificial, noncompetitive levels for any
wrongful gain;
iii. offering, giving, receiving or soliciting, directly or indirectly, of
anything of value to influence the acts of another party for
wrongful gain;

Page 34 of 68
 iv. any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a
party to obtain a financial or other benefit or to avoid an
obligation;
v. obstructive practice by harming or threatening to harm,
directly or indirectly, persons or their property to influence
their participation in a procurement process, or affect the
execution of a Contract or deliberately destroying, falsifying,
altering or concealing of evidence material to the investigation
or making false statements before investigators in order to
materially impede an investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; or threatening,
harassing or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation, or acts intended to
materially impede the exercise of inspection and audit
process.”

ii) Blacklisting & Debarment:

Blacklisted Consultants and those found involved in “Corrupt

Practices” are not allowed to participate in bidding.

Substantial Requirements & Procedure for Blacklisting &

Debarment:
Asper As per S-17A of PPRA, Act, 2009:

“17A. Blacklisting.– (1) A procuring agency may, for a specified

period and in the prescribed manner, debar a bidder or
Contractor from participating in any public procurement process
of the procuring agency, if the bidder or Contractor indulges in
corrupt practice or any other prescribed practice.
(2) The Managing Director may, in the
prescribed manner, debar a bidder or Contractor from
participating in any public procurement process of all or
some of the procuring agencies for a specified period.
(3) Any person, aggrieved from a decision of a
procuring agency, may within prescribed period prefer a
representation before the Managing Director.
(4) A procuring agency or any other person,
aggrieved from a decision of the Managing Director, may
within prescribed period prefer a representation before the
Page 35 of 68
 Chairperson whose decision on such representation shall
be final.]

As per rule 21 of PPR-14:

21. Blacklisting.–(1) A procuring agency may, for a specified

period, debar a bidder or Contractor from participating in any public
procurement process of the procuring agency, if the bidder or
Contractor has:
(a) acted in a manner detrimental to the public interest
or good practices;
(b) consistently failed to perform his obligation under
the Contract;
(c) not performed the Contract up to the mark; or
(d) indulged in any corrupt practice.
(2) If a procuring agency debars a bidder or Contractor under
sub-rule (1), the procuring agency:
(a) shall forward the decision to the Authority for
publication on the website of the Authority; and
(b) may request the Authority to debar the bidder or
Contractor for procurement of all procuring agencies.
(3) The Managing Director may debar a bidder or Contractor
of any procuring agency from participating in any public procurement
process of all or some of the procuring agencies for such period as the
Managing Director may determine.
(4) Any person aggrieved by a declaration made under rule 20
or a decision under sub-rule (1) of this rule may, within thirty days from
the date of the publication of the information on the website of the
Authority, file a representation before the Managing Director and the
Managing Director may pass such order on the representation as he
may deem fit.
(5) Any person or procuring agency aggrieved by an order
under sub-rule (3) or (4) may, within thirty days of the order, file a
representation before the Chairperson and the Chairperson may pass
such order on the representation as he may deem appropriate.
(6) The mechanism or process for barring a bidder or
Contractor from participating in procurement process of a procuring
agency, procuring agencies and a representation under this rule is
specified in the Schedule appended to these rules.
As per Schedule appended with PPR-14:
Page 36 of 68
 SCHEDULE
see sub-rule (6) of rule 21
BLACKLISTING MECHANISM OR PROCESS
1. The procuring agency may, on information received from any
resource, issue show cause notice to a bidder or Contractor.
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.
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.
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.
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.
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.
7. The procuring agency shall decide the matter on the basis of
the available record and personal hearing of the bidder or
Contractor, if availed.
8. 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.

Page 37 of 68
9. 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 Managing Director
of the Authority.
10. The procuring agency shall, as soon as possible, communicate
the order of blacklisting to the Authority with the request to
upload the information on its website.
11. If the procuring agency wants the Authority to debar the bidder
or Contractor from participating in any public procurement of
all procuring agencies, the procuring agency shall specify
reasons for such dispensation.
12. The Authority shall immediately publish the information and
decision of blacklisting on its website.
13. In case of request of a procuring agency under para 11 or
representation of any aggrieved person under rule 21, the
Managing Director shall issue a notice for personal hearing to
the parties and call for record of proceedings of blacklisting.
The parties may file written statements and documents in
support of their contentions.
14. In case of representation of any aggrieved person or procuring
agency under rule 21, the Chairperson shall issue a notice for
personal hearing to the parties and may call for the record of
the proceedings. The parties may file written statements and
documents in support of their contentions.
15. In every order of blacklisting under rule 21, the procuring
agency shall record reasons of blacklisting and also reasons for
short, long or medium period of blacklisting.
16. The Authority shall upload all the decisions under rule 21,
available with it, on its website. But the name of a bidder or
Contractor shall immediately be removed from the list of
blacklisted persons on expiry of period of blacklisting or order
of the competent authority to that effect, whichever is earlier.
17. An effort shall be made for electronic communication of all the
notices and other documents pursuant to this mechanism or
process.”
iii) Furthermore, Bidders must keep themselves aware of the
provision stated in clause 5.4 and clause 24.1 of the GCC.

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 4.1. Bid Data Sheet (BDS)

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

A. Introduction
BDS ITB Amendments of, and Supplements to, Clauses in the
Clause Number Instruction to Bidders
Number
Name of Procuring Agency: District Council Bhakkar

1. 2.1.1 The subject of procurement is: Repair and Maintenance, hiring

of services on rental basis.

Financial year for the operations of the Procuring Agency: FY

2024-25

Name of financing institution: District Council Bhakkar

2. 2.1.2 Name and identification number of the Contract:
1. Providing of Excavator Machine (Rent basis) for
Desilting of Kacha Drain.
2. Repair of Motor 40/HP Disposal Works Nawani Shahani
Road.
Maximum number of members in the joint venture, consortium
3. 2.1.3 (iv)
or association shall be: 02 J.V. form 8.2 should be followed.
B. Bidding Documents
The address for clarification of Bidding Documents is Office of
6. 2.2.2
Municipal Office (Infra), District Council Bhakkar.
Pre-bid meeting will be held at:
District Council Bhakkar
Address: Near Railway Station, Railway Road Bhakkar.
7. 2.2.2
Telephone: 0453-9200110 Fax:
E-mail: [email protected]
Venue: Committee Room
2.3.8 The number of documents to be completed and returned is one
8.
original and two copies.

Page 39 of 68
 C. Bid Price, Currency, Language and Country of Origin
9 2.3.1 English
2.3.4 The price quoted shall be quote their bid price entirely in Pak.
10 Rupees.
2.3.4 & No price variation is applicable.
11.
2.3.9
D. Preparation and Submission of Bids
Qualification Criteria/Knock down criteria.

i. Minimum 10years experience required

ii. Bidder shall be registered contractor/firm/company from
relevant authority and must be renewed/enlisted from any of
local government within Sargodha division.
iii. Registration with relevant tax authority i.e. FBR/PRA etc.
as active tax payer.
13. 2.1.3 iv. Affidavit to the effect that:-
 Bidder is not currently blacklisted by the
Procuring Agency.
 The documents/photocopies provided with Bid
are authentic. In case of any fake/bogus document
found at any stage, the Bidder shall be blacklisted
as per Law/ Rules.
 The provided information is correct.
Bid shall be submitted to:
District Council Bhakkar
Address: Near Railway Station, Railway Road
14. 2.1.1 Bhakkar.
Telephone: 0453-9200110 Fax:
E-mail: [email protected]

The deadline for Bid submission is

15. 2.4.2
Day :15/08/2024 at 02:30PM
Time, date/ Month/ Year, and place for Bid opening.
Venue: District Council Bhakkar
16. 2.5.1
Time & Date: 15/08/2024 at 03:00 PM

Ten percent (10%) Performance Security in the shape of bank

17. 2.6.2 guarantee, a bank guarantee has to be unconditional as given
in the sample form given with the bidding document.
18. 2.3.6

Page 40 of 68
 Scheme #1:
Estimated Contract Price is: 1160000/-
Amount of Bid security is:58000/-
Scheme #2:
Estimated Contract Price is: 375000/-
Amount of Bid security is:18750/-

19. 2.3.7 Bid validity period after opening of the Bid is: 90 Days
Number of copies of the Bid to be provided are: one original and
20. 2.3.8
two copies.
E. Opening and Evaluation of Bids
The Bid opening shall take place at:

21. 2.5.1 Venue: District Council Bhakkar

Time & Date: 12/08/2024 at 03:00 PM

The currency that shall be used for Bid evaluation and

22. 2.3.4 comparison purposes to convert all Bid prices expressed in
various currencies is: [Pak Rupees only]
F. Bid Evaluation Criteria
Criteria to Bid evaluation.
23. 2.5.8
Lowest Financial Biddder.

Page 41 of 68
 G. Award of Contract

Percentage for quantity increase or decrease is:

24. 2.6.5 As per rule 5 sub rule (15), (16) of Punjab Local Govt.
(Works) Rules 2017 and all other applicable
laws/rules.
The Performance Guarantee shall be:

Ten percent (10%) Performance Security in the shape

25. 2.6.2 of bank guarantee, a bank guarantee has to be
unconditional as given in the sample form given with
the bidding document.
The Performance Security (or guarantee) shall be in the form
of:
26. 2.6.2
CDR from any scheduled bank in favor of Chief
Officer District Council Bhakkar.

Page 42 of 68
 Section-V: General Conditions of Contract
1.1 In this Contract, the following terms shall be interpreted as
1. Definitions indicated:

(a) “The Contract” means the agreement entered into between

the Procuring Agency and the Service Provider, 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 Service
Provider under the Contract for the full and proper
performance of its contractual obligations.

(c) “The Goods” means all of the equipment, machinery, and/or

other materials which the Service Provider is required to
supply to the Procuring Agency under the Contract.

(d) “The Services” means those services {detail to be provided

by the Procuring Agency as per its requirements} and other
such obligations of the Service Provider covered under the
Contract.

(e) “GCC” means the General Conditions of Contract contained

in this section.

(f) “SCC” means the Special Conditions of Contract.

(g) “The Procuring Agency” means the organization purchasing

the Services, as named in SCC.

(h) “The Procuring Agency’s country” is the country named in

SCC.

(i) “The Service Provider” means the Bidder or firm supplying

the Services under this Contract.

(j) “The Project Site,” where applicable, means the place or

places named in SCC.

(k) “Day” means calendar day.

Page 43 of 68
 2.1. These General Conditions shall apply to the extent that they are
2. Application not superseded by provisions of other parts of the Contract.

3.1. All Services supplied under the Contract shall have their origin in
3. Country of the countries and territories eligible under the rules, as further
Origin elaborated in the SCC.

3.2. The origin of Services is distinct from the nationality of the

Service Provider. In any case, the requirements of rules 10 & 26, PPR-
14, shall be followed.

4.1. The services supplied under this Contract shall conform to the
4. Standards standards mentioned in the Technical Specifications/work
plan/deputation plan.

5.1. The Service Provider shall not, without the Procuring Agency’s
5. Use of Contract prior written consent, disclose the Contract, or any provision thereof, or
Documents and information furnished by or on behalf of the Procuring Agency in
Information; connection therewith, to any person other than a person employed by
Inspection and the Service Provider in the performance of the Contract. Disclosure to
Audit by the any such employed person shall be made in confidence and shall extend
procuring agency. only so far as may be necessary for purposes of such performance.

5.2. The Service Provider shall not, without the Procuring Agency’s
prior written consent, make use of any document or information
enumerated in GCC Clause 5.1 except for purposes of executing the
Contract.

5.3. Any document, other than the Contract itself, enumerated in GCC
Clause 5.1 shall remain the property of the Procuring Agency and shall
be returned (all copies) to the Procuring Agency on completion of the
Service Provider’s performance under the Contract if so required by the
Procuring Agency.

5.4. The Service Provider shall permit the Procuring Agency to inspect
the Service Provider’s accounts and records relating to the performance
of the Service Provider and to have them audited by auditors appointed
by the donors, if so required by the donors.

Page 44 of 68
 6.1. Within fifteen (07) days of receipt of the notification of Contract
6. Performance award, the successful Bidder shall furnish to the Procuring Agency the
Guarantee Performance Guarantee in the amount specified in SCC/Bid Data Sheet
& clause 2.6.2 of ITB.

6.2. The proceeds of the Performance Guarantee shall be payable to

the Procuring Agency as compensation for any loss resulting from the
Service Provider’s failure to complete its obligations under the Contract.

6.3. As per Rule-56 of PPR-14, the performance guarantee shall be

denominated in the currency of the Contract acceptable to the Procuring
Agency and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by

a reputable bank located in the Procuring Agency’s country,
in the form provided in the Bidding documents or another
form acceptable to the Procuring Agency; or

(b) a cashier’s or certified cheque or CDR.

6.4. The performance guarantee will be discharged by the Procuring

Agency and returned to the Service Provider not later than thirty (30)
days following the date of completion of the Service Provider’s
performance obligations under the Contract, including any warranty
obligations, unless specified otherwise in SCC.

7.1. The Service Provider may be required to provide any of the

7. Incidental incidental material if any, specified in SCC:
material

8.1. The method and conditions of payment to be made to the Service

8. Payment Provider under this Contract shall be specified in SCC.

8.2. The Service Provider’s request(s) for payment shall be made to the
Procuring Agency in writing, accompanied by an invoice describing, as
appropriate, Services performed, and by documents submitted and upon
fulfillment of other obligations stipulated in the Contract.
8.3. As per rule-62 of PPR-14, payments shall be made promptly by
the Procuring Agency, but in no case later than thirty (30) days after
Page 45 of 68
 submission of an invoice or claim by the Service Provider, provided the
work is satisfactory.

8.4. The currency of payment is [to be decided by the Procuring

Agency]

9.1. Prices charged by the Service Provider and Services performed

9. Prices under the Contract shall not vary from the prices quoted by the Service
Provider in its Bid, with the exception of any price adjustments
authorized in SCC {mechanism and formula to be decided by the
procuring agency}.

10.1. The Procuring Agency may at any time, by a written order given
10. Change to the Service Provider pursuant to GCC Clause 11, make changes
Orders within the general scope of the Contract, only if required for the
successful completion of the job.

10.2. If any such change causes an increase or decrease in the cost of,
or the time required for, the Service Provider’s performance of any
provisions under the Contract, an equitable adjustment shall be made in
the Contract Price, or both, and the Contract shall accordingly be
amended. Any claims by the Service Provider for adjustment under this
clause must be asserted within thirty (30) days from the date of the
Service Provider’s receipt of the Procuring Agency’s change order. But,
in no case, the overall impact of the change should exceed 15% of the
contract cost and no provisions of PPR-14 should be violated.

11.1. Subject to GCC Clause 10, no variation in or modification of the

11. Contract terms of the Contract shall be made except by written amendment signed
Amendments by the parties.

12.1. The Service Provider shall not assign the whole of contract to
12. Assignment anybody else. However, some parts of contract or its obligations may be
assigned to sub-contractors with the prior written approval of the
procuring agency.

13.1. The Service Provider shall notify the Procuring Agency in the Bid
13. Sub-contracts of all subcontracts to be assigned under this Contract. Such notification,
in the original Bid or later, shall not relieve the Service Provider from
any liability or obligation under the Contract.

13.2. Subcontracts must comply with the provisions of GCC Clause 12.

Page 46 of 68
 14.1. Performance of Services shall be made by the Service Provider in
14. Delays in the accordance with the Schedule of Requirements/Work Plan/ Deputation
Service Provider’s Plan as prescribed by the Procuring Agency in Section VII.
Performance
14.2. If at any time during performance of the Contract, the Service
Provider or its subcontractor(s) should encounter conditions impeding
timely performance of Services, the Service Provider shall promptly
notify the Procuring Agency in writing of the fact of the delay, its likely
duration and its cause(s). As soon as practicable after receipt of the
Service Provider’s notice, the Procuring Agency shall evaluate the
situation and may at its discretion extend the Service Provider’s time for
performance, with or without liquidated damages, in which case the
extension shall be ratified by the parties by amendment of Contract.

14.3. Except as provided under GCC Clause 17, a delay by the Service
Provider in the performance of its delivery obligations shall render the
Service Provider liable to the imposition of liquidated damages.

15.1. Subject to GCC Clause 17, if the Service Provider fails to provide
15. Liquidated the Services as per requirement/ within the period(s) specified in the
Damages 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 percentage specified in
SCC. Once the maximum is reached, the Procuring Agency may
consider termination of the Contract pursuant to GCC Clause 16 along
with other remedies available under PPR-14.

16.1. The Procuring Agency, without prejudice to any other remedy for
16. Termination breach of Contract, by written notice of default sent to the Service
for Default Provider, may terminate this Contract in whole or in part:

(a) if the Service Provider fails to deliver any or all of the service
within the period(s) specified in the Contract, or within any
extension thereof granted by the Procuring Agency pursuant
to GCC Clause 14;

(b) if the Service Provider fails to perform any other

obligation(s) under the Contract; or

(c) if the Service Provider, in the judgment of the Procuring

Agency has engaged in corrupt practices in competing for or
Page 47 of 68
 in executing the Contract. For the purpose of this clause,
corrupt practices will be defined as per Section-2 (d) of The
PPRA Act, 2009.

“Corrupt practices” in respect of procurement process, shall

be as given in S-2 (d) of PPRA, Act, 2009:
(d) “corrupt practice” means the offering, giving, receiving,
or soliciting of anything of value to influence the action of
a public official, bidder or Contractor in the procurement
process or in Contract execution to the detriment of the
procuring agency; or misrepresentation of facts in order to
influence a procurement process or the execution of a
Contract, collusive practices among bidders (prior to or after
bid submission) designed to establish bid prices at artificial,
noncompetitive levels and to deprive the procuring agency
of the benefits of free and open competition and any request
for, or solicitation of anything of value by any public official
in the course of the exercise of his duty; it may include any
of the following:
i. coercive practice by impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence the
actions of a party to achieve a wrongful gain or to
cause a wrongful loss to another party;
ii. collusive practice by arrangement between two or
more parties to the procurement process or Contract
execution, designed to achieve with or without the
knowledge of the procuring agency to establish prices
at artificial, noncompetitive levels for any wrongful
gain;
iii. offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence the acts
of another party for wrongful gain;
iv. any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit
or to avoid an obligation;
v. obstructive practice by harming or threatening to
harm, directly or indirectly, persons or their property
to influence their participation in a procurement
process, or affect the execution of a Contract or
deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation
Page 48 of 68
 or making false statements before investigators in
order to materially impede an investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; or threatening, harassing or
intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation
or from pursuing the investigation, or acts intended to
materially impede the exercise of inspection and
audit process
16.2. In the event the Procuring Agency terminates the Contract in
whole or in part, pursuant to GCC Clause 16.1, the Procuring Agency
may procure, upon such terms and in such manner as it deems
appropriate, Services similar to those undelivered, and the Service
Provider shall be liable to the Procuring Agency for any excess costs for
such similar Services. However, the Service Provider shall continue
performance of the Contract to the extent not terminated.

17.1. Notwithstanding the provisions of GCC Clauses 14, 15, and 16,
17. Force the Service Provider shall not be liable for forfeiture of its Performance
Majeure Guarantee, liquidated damages, or termination for default if and to the
extent that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force Majeure.

17.2. For purposes of this clause, “Force Majeure” means an event

beyond the control of the Service Provider and not involving the Service
Provider’s fault or negligence and not foreseeable. Such events may
include, but are not restricted to, acts of the Procuring Agency in its
sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes. Both, the Procuring
Agency and the Service Provider, may agree to exclude certain
widespread conditions e.g: epidemics, pandemics, quarantine
restrictions etc from the purview of “Force Majeure”.

25.3. If a Force Majeure situation arises, the Service Provider shall

promptly notify the Procuring Agency in writing of such condition and
the cause thereof. Unless otherwise directed by the Procuring Agency
in writing, the Service Provider 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. Any difference of opinion concerning “Force
Majeure” may be decided through means given herein below.

Page 49 of 68
 18.1. The Procuring Agency may at any time terminate the Contract by
18. Termination giving written notice to the Service Provider if the Service Provider
for Insolvency becomes bankrupt or otherwise insolvent. In this event, termination will
be without compensation to the Service Provider, 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.
19.1. The Procuring Agency, by written notice sent to the Service
19. Termination Provider, may terminate the Contract, in whole or in part, at any time
for Convenience for its convenience. The notice of termination shall specify that
termination is for the Procuring Agency’s convenience, the extent to
which performance of the Service Provider under the Contract is
terminated, and the date upon which such termination becomes
effective.

19.2. The Services that are complete and ready for shipment (if
applicable) within thirty (30) days after the Service Provider’s receipt
of notice of termination shall be accepted by the Procuring Agency on
the Contract terms and prices. For the remaining Services, the Procuring
Agency may choose:

(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 Service Provider an

agreed amount for partially completed Services and for
materials and parts previously procured by the Service
Provider.
20.1. After signing the contract or issuance of purchase order, The
20. Resolution Procuring Agency and the Service Provider shall make every effort to
of Disputes resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the Contract.

20.2. If, after thirty (30) days from the commencement of such informal
negotiations, the Procuring Agency and the Service Provider have been
unable to resolve amicably a Contract dispute, either party may require
that the dispute be referred for resolution to the formal mechanisms
specified in SCC. These mechanisms may include, but are not restricted
to, conciliation mediated by a third party, adjudication in an agreed
and/or arbitration as per rule 68 of PPR-14 and in accordance with
Arbitration Act-1940.

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 21.1. The Contract shall be written in the language specified in SCC.
21. Governing Subject to GCC Clause 30, the version of the Contract written in the
Language specified language shall govern its interpretation. All correspondence
and other documents pertaining to the Contract which are exchanged by
the parties shall be written in the same language.

22.1. The Contract shall be interpreted in accordance with the laws of

22. Applicable Punjab (Pakistan) unless otherwise specified in SCC.
Law

23.1. Any notice given by one party to the other pursuant to this
Contract shall be sent to the other party in writing or by any information
technology mean for the time being in use and acceptable in ordinary
23. Notices course of business to the other party’s address specified in SCC.

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

effective date, whichever is later.

24.1. Service Provider shall be entirely responsible for all taxes, duties,
24. Taxes and license fees, etc., incurred until delivery of the contracted Services to
Duties the Procuring Agency.

25. Change in 25.1. If during the continuation of the service contract, minimum wage
minimum wage rate rate is revised by the competent authorized forum, then the ongoing
contract shall be revised as per percentage increased in minimum wages
declared for such category.

26. Extension in Initially the contract will be for one (1) year. However, the same would
Contract period be extended by the competent authority, on the satisfactory
performance by the contractor for further a period of _____ (____)
years on the same rate & TORs. Extension in the contact agreement
shall be the discretion of the procuring agency and the contractor has
no right to claim further extension as a matter of right in the contract.

Page 51 of 68
 Special Conditions of Contract
The following Special Conditions of Contract shall supplement the General Conditions of
Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General
Conditions of Contract. The corresponding clause number of the GCC is indicated in parentheses.

1. Definitions (GCC Clause 1)

GCC 1.1 (g)—The Procuring Agency is: District Council Bhakkar

GCC 1.1 (h)—The Procuring Agency’s country is: Pakistan

GCC 1.1 (i)—The Service Provider is:

2. Performance Guarantee (GCC Clause 6)

GCC 7.1—As per rule 56 of PPR-14, the amount of Performance Guarantee, as a percentage
of the Contract Price, shall be:
Ten percent (10%) Performance Security in the shape of bank guarantee, a bank guarantee
has to be unconditional as given in the sample form given with the bidding document.

3. Incidental Materials (GCC Clause 7)

GCC 7.1—Incidental materials to be provided are:

[Selected material covered under GCC Clause 7 and/or other should be specified with the
desired features. The price quoted in the Bid price or agreed with the selected Service
Provider shall be included in the Contract Price.]

4. Payment (GCC Clause 8)

GCC 8.1—The method and conditions of payment to be made to the Service Provider under
this Contract shall be as follows:

Payment for Services provided: The Payment will be made as per Punjab Local Govt.
(Works) Rules 2017 and Punjab Local Govt.(Accounts) Rules 2017.

Payment may be made in Pak. Rupees in the following manner: Running Payments for the
work done and final payment on completion of work. No advance payment is allowed.

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5. Prices (GCC Clause 9)

GCC 9.1—Prices shall be fixed and shall not be adjusted.

6. Liquidated Damages (GCC Clause 15)

GCC 15.1—Applicable rate:

Maximum deduction:

7. Resolution of Disputes (GCC Clause 20)

GCC 20.2—The dispute resolution mechanism to be applied pursuant to GCC Clause 20.2
shall be as follows:

As per rule-68 of PPR-14, in the case of a dispute between the Procuring Agency and the
Service Provider, the dispute shall be referred for arbitration in accordance with the
Arbitration Act 1940.

8. Governing Language (GCC Clause 21)

GCC 21.1—The Governing Language shall be: English

9. Applicable Law (GCC Clause 22)

GCC 22.1-The Contract shall be interpreted in accordance with the laws applicable in the
jurisdiction of the province of Punjab (Pakistan):

10. Notices (GCC Clause 23)

GCC 23.1—Procuring Agency’s address for notice purposes: District Council Bhakkar

—Service Provider’s address for notice purposes:

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 8.1 Bid Form

Date:

To: District Council Bhakkar.

Gentlemen and/or Ladies:

Having examined the Bidding documents including Addenda Nos. [insert numbers], the
receipt of which is hereby duly acknowledged, we, the undersigned, in conformity with the said
Bidding documents for the sum of [total Bid 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 Bid.

We undertake, if our Bid is accepted, specified in the Schedule of Requirements.

If our Bid is accepted, we will obtain the guarantee of a bank in a sum equivalent to _____
percent of the Contract Price for the due performance of the Contract, in the form prescribed by
the Procuring Agency.

We agree to a Bid by this Bid for a period of [number] days from the date fixed to Bid
opening under Clause 2.3.7 of the Instructions to Bidders, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period.

Until a formal Contract is prepared and executed (if required), this Bid, together with your
written acceptance thereof and your notification of award, shall constitute a binding Contract
between us.

[In case of single stage one envelope bidding procedure]

The Composition of our Bid is:

a) Complete bidding document (without filling) signed and stamped by the bidder

b) all the forms relevant to the technical and financial bids (clearly indicated on each
form)

c) All the required documents establishing eligibility of bidders/goods shall be made part
of the bid.

d) Any other document required by the procuring agency not inconsistent with PPR-14.

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[In case of single stage two envelope bidding procedure],

The Composition of our bid consists on separate Technical and financial bids, detail of which is
as follows:

Technical bid includes the following:-

a) Complete bidding document (without filling) signed and stamped by the bidder

b) All the forms relevant to the technical bid, to be reproduced on the letter head of
the bidder as indicated on each individual form.

c) Copy of bid security form along with copy of financial instruments [to be decided
by the procuring agency i.e. Bank Guarantee / Bank call-deposit (CDR) / Demand
Draft (DD) / Pay Order (PO) or Banker’s cheque] valid for …… ( ) Days, beyond
the validity of Bid in the manner as prescribed on the bid security form 8.10.

d) Any other document required by the procuring agency not inconsistent with PPR-
14.

Financial bid includes the following:-

a) Original Bid form (as per form 8.1 of Bidding documents) on letter head of the
firm, duly signed and stamped.

b) Price schedule / financial form (as per form 8.9) to be reproduced on the letter head
of the bidder duly signed and stamped.

c) Original Bid security form (as per form 8.10) along with Original financial
instrument [to be decided by the procuring agency i.e. Bank Guarantee / Bank call-
deposit (CDR) / Demand Draft (DD) / Pay Order (PO) or Banker’s cheque] valid
for …… ( ) Days, beyond the validity of Bid.

d) Any other document required by the procuring agency not inconsistent with PPR-
14.

Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and
to contract execution if we are awarded the contract, are listed below:

Page 55 of 68
 Name and address of service Amount and Currency
provider

______________________ _______________________

______________________ _______________________

______________________ _______________________
(if none, state “none”)

We understand that you are not bound to accept the lowest or any Bid you may receive.

Dated this ________________ day of ________________ 20______.

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of

Page 56 of 68
 1.2 Bidder’s JV Members Information Form

{To be reproduced and signed & stamped by the lead partner and all JV members on their letter
Pad, to be attached with Technical Bid in addition to the JV agreement}

Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB 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. Bidder’s JV Member’s name: [insert JV’s Member legal name]

3. Bidder’s JV Member’s country of registration: [insert JV’s Member country of

registration]

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

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

legal address in country of registration]

6. Bidder’s JV Member’s authorized representative information

Name: [insert name of JV’s Member authorized representative]
Address: [insert address of JV’s Member authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized
representative]
Email Address: [insert email address of JV’s Member authorized representative]

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 registration documents of the legal entity named above, in accordance with ITB
4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and
financial autonomy, operation in accordance with commercial law, and that they are
not under the supervision of the Service Provider.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.

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 8.3. Bidder Profile Form

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Technical Bid]
Sr.# Particulars
1. Name of the company:
2. Registered Office:
Address:
Office Telephone Number:
Fax Number:
3. Contact Person:
Name:
Personal Telephone Number:
Email Address:
4. Local office if any:
Address:
Office Telephone Number:
Fax Number:
5. Registration Details:

a) Audited Financial Statement Attachment (Last 3 years)

Yes No

b) Details of Experience (Last Five Years)

(i) Similar Project Item Name

(Agency/Department)

(ii) Value of total Projects/Tenders/POs Amount

c) Staff Detail and last month Payroll

Yes No

Page 58 of 68
 8.4. General Information Form

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Technical Bid]
Particulars

Company Name

Abbreviated Name

National Tax No. Sales Tax Registration No

PRA Tax No.

No. of Employees Company’s Date of
Formation

*Please attach copies of NTN, GST Registration & Professional Tax Certificate

Registered Office State/Province

Address

City/Town Postal Code

Phone Fax

Email Address Website Address

Page 59 of 68
 8.5. Affidavit

[To be printed on PKR 100 Stamp Paper, duly attested by oath commissioner. To be attached
with Technical Bid]
Name: ______________________________________
(Applicant)
I, the undersigned, do hereby certify that all the statements made in the Bidding document and
in the supporting documents are true, correct and valid to the best of my knowledge and belief
and may be verified by employer if the Employer, at any time, deems it necessary.
The undersigned hereby authorize and request the bank, person, company or corporation to
furnish any additional information requested by the [name of Procuring Agency] of the Punjab
deemed necessary to verify this statement regarding my (our) competence and general
reputation.
The undersigned understands and agrees that further qualifying information may be requested
and agrees to furnish any such information at the request of the [name of Procuring Agency].
The undersigned further affirms on behalf of the firm that:
(i) The firm is not currently blacklisted by the Procuring Agency.
(ii) The documents/photocopies provided with Bid are authentic. In case, any fake/bogus
document was found at any stage, the firm shall be blacklisted as per Law/ Rules.
(iii) Affidavit for correctness of information.
(iv) *****omitted***
[Name of the Contractor/ Bidder/ Service Provider] undertakes to treat all information
provided as confidential.
Signed by an authorized Officer of the company

Title of Officer: _______________________

Name of Company: _______________________

Date: _______________________

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 8.6. Performance Guarantee Form

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Technical Bid]
To,
[name and address of the Procuring Agency]

WHEREAS (Name of the Contractor/ Service Provider)

___________________________________________ hereinafter called "the Contractor" has
undertaken, in pursuance of “INVITATION TO BID FOR THE “PROVISION OF _________”
procurement of the following:
1. [Please insert details].
(Here in after called “the Contract").
AND WHEREAS it has been stipulated by you in the Contract that the Contractor shall furnish you
with a bank guarantee by a scheduled bank for the sum specified therein as security for compliance
with the Contractor's performance obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor a Guarantee;
THEREFORE WE hereby affirm that we are Guarantor and responsible to you, on behalf of the
Contractor, up to a total of ___________________________________(Amount of the guarantee in
words and figures), and we undertake to pay you, upon your first written demand declaring the
Contractor to be in default under the Contract, and without cavil or argument, any sum or sums as
specified by you, within the limits of ___________________________(Amount of Guarantee) as
aforesaid without your needing to prove or to show grounds or reasons for your demand or the sum
specified therein.

[NAME OF GUARANTOR]
Signature__________________________________
Name_____________________________________
Title _____________________________________
Address___________________________________
Seal______________________________________

Date____________________________________

Page 61 of 68
 8.7. Technical Bid Form

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Technical Bid]

Sr. Description Quantity Specifications dimensions

No.

Stamp & Signature of Bidder ______________________

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 8.8. Contract Form

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Technical Bid]

THIS AGREEMENT made on the _____ day of __________ 20_____ between [name of
Procuring Agency] of [country of Procuring Agency] (hereinafter called “the Procuring Agency”)
on the one part and [name of Service Provider] of [city and country of Service Provider]
(hereinafter called “the Service Provider”) on the other part:

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

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
(a) the Bid Form and the Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Procuring Agency’s Notification of Award.
(g) Contract agreement
(h) Complete Bid document

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

Provider as hereinafter mentioned, the Service Provider hereby covenants with the Procuring
Agency to provide the services in accordance with the provisions of the Contract and as required
under Section VII Schedule of Requirements/Work Plan/ Deputation Plan.

4. The Procuring Agency hereby covenants to pay the Service Provider in consideration of
the provision of services, 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 mentioned above.
Page 63 of 68
Signed, sealed, delivered by the (for the Procuring
Agency)

Signed, sealed, delivered by the (for the Service

Provider)

Page 64 of 68
 8.9. Financial Bid Form/Price Schedule

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Financial Bid]
MINIMUM WAGE RATE SHOULD BE STRICTLY ADHERED
Sr. Item Specifications/ dimensions Unit Quantity Total price Total
No. name price (inclusive of price
(inclusive all applicable (in
of all taxes & duties words)
taxes & etc.)
duties
etc.)

Total price in figures

Total price in words

Total Bid value (against which a Bid shall be evaluated) in figure.

Total Bid value (against which a Bid shall be evaluated) in words.
Detail of all applicable taxes/duties/charges, which must be included in the rates quoted by
bidder, is given as below:

Note:

In case of difference between unit price and total price, unit price shall prevail and total
price shall be “final”. (Please refer ITB clause 2.5.6).

In case of difference between amount in “words” and amount in “figures”, amount in

“words” shall be considered final.

A bid not compliant to minimum wage rate (as notified by the government) or excluding
applicable taxes and duties shall straight away be rejected.

Stamp & Signature of Bidder ______________________

Page 65 of 68
 8.10. Bid Security Form

[To be signed & stamped by the Bidder and reproduced on the letter head. To be attached with
Financial Bid]

Whereas [name of the Bidder] (hereinafter called “the Bidder”) has submitted its Bid dated [date
of submission of Bid] for the supply of [name and/or description of the services] (hereinafter called
“the Bid”).

KNOW ALL PEOPLE by these presents that WE [name of bank] of [name of country], having our
registered office at [address of bank] (hereinafter called “the Bank”), are bound unto [name of
Procuring Agency] (hereinafter called “the Procuring Agency”) in the sum of for which payment
well and truly to be made to the said Procuring Agency, the Bank binds itself, its successors, and
assigns by these presents. Sealed with the Common Seal of the said Bank this _____ day of
____________ 20____.

THE CONDITIONS of this obligation are:

1. If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on
the Bid Form; or

2. If the Bidder, having been notified of the acceptance of its Bid by the Procuring Agency
during the period of Bid validity:

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the Performance Guarantee, in accordance with the
Instructions to Bidders;
we undertake to pay to the Procuring Agency up to the above amount upon receipt of its first
written demand, without the Procuring Agency having to substantiate its demand, provided that in
its demand the Procuring Agency will note that the amount claimed by it is due to it, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the period of Bid
validity, and any demand in respect thereof should reach the Bank not later than the above date.

[signature of the bank]

Page 66 of 68
 Section IX- Check List

[To be signed and stamped and presented on Bidder’s letter head pad]

The provision of this checklist is essential prerequisite along with submission of tenders (with
technical proposal).
Sr.
Detail Responsive Non-responsive
#
1 Original receipt for purchase of tender along with Standard
Bidding Documents.
2 ____% Bid Security of estimated cost of articles / items given
by the department. The Bid security must be submitted with
technical proposal.
3 All required samples (if demanded) have been submitted in
[name of the Procuring Agency] sample store.
4 Active Registration with Income Tax Authorities (National
Tax Number NTN) at least three years old
5 Copy of active Registration with Sales Tax Authorities
(STRN)
6 Copy of active Registration (Professional Tax Certificate)
7 Bidder s JV Member information as per form 8.2
8 At least ________ of similar nature having similar cost or
above have been performed / executed in public organization
during last 02 years (certificate duly signed by gazetted
officer attached).
9 Technical Bid Form (as per form 8.7 of Bidding documents)
on letter head of the firm duly signed and stamped.
10 Bid Form (as per form 8.1 of Bidding documents) on letter
head of the firm, duly signed and stamped.
11 Bid Security Form (as per form 8.10 of Bidding documents)
on letter head of the firm, duly signed and stamped.
12 Performance Guarantee Form (as per form 8.6 of Bidding
documents) on letter head of the firm, duly signed and
stamped.
13 General Information Form (as per form 8.4 of Bidding
documents) on letter head of the firm duly signed and
stamped.
14 Affidavit (as per form 8.5) on non-judicial Stamp Paper of
Rs. 100/-
(i) The firm is not currently blacklisted by the Procuring
Agency.
(ii) The documents/photocopies provided with Bid are
authentic. In case of any fake/bogus document look
Page 67 of 68
 at any stage. They shall be black listed as per Rules /
Laws.
(iii) Affidavit for correctness of information.
(iv) ****omitted***
Affidavit for correction of information Form (as per
form of Bidding documents) on letter head of the firm, duly
signed and stamped.
15 i. Work order / supply order / purchase order of previous
relevant experience.
ii. Company profile. Staff list along with location and
address [where applicable].
iii. Audited Financial Statement, National tax number
Certificate, General Sale Tax Number Certificate (last
03 year).
iv. Bidders profile Form (as per form of Bidding
documents) on letter head of the firm, duly signed and
stamped.

Stamp & Signature of Bidder ______________________

Page 68 of 68