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1 SPORTS BOARD PUNJAB LAHORE SUPPLY OF GYM / SPORTS EQUIPMENT Tehsil Level Gymnasium at Chak Jhumra District Faisalabad, Tehsil Level Gymnasiums at Jarranwala District Faisalabad (DIRECTORATE GENERAL SPORTS / SPORTS BOARD PUNJAB) January 2020 TENDER DOCUMENTS (BIDDING DOCUMENTS)

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SPORTS BOARD PUNJAB LAHORE

SUPPLY OF GYM / SPORTS EQUIPMENT

Tehsil Level Gymnasium at Chak Jhumra District Faisalabad,

Tehsil Level Gymnasiums at Jarranwala District Faisalabad

(DIRECTORATE GENERAL SPORTS /

SPORTS BOARD PUNJAB)

January 2020

TENDER DOCUMENTS

(BIDDING DOCUMENTS)

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SECTION-1

INVITATION

TO BID

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SECTION 1: INVITATION TO BID

Date: 23.01.2020

1. “Employer” The Director General / Secretary Sports Board Punjab, National

Hockey Stadium, Ferozepur Road, Lahore.

2. The Employer invites sealed bids from the interested Firms / Companies /

Institutions for Supply of Gym / Sports Equipment.

3. The procurement procedure adopted will be “Single stage Two envelops”

as prescribed under the PPRA Rules, 2014.

4. The Bid shall be a single package consisting of two sealed envelopes,

containing the Technical Proposal and Financial Proposal, for each of the

Item procurement.

5. The above referred envelops shall be clearly marked as Technical Proposal

and Financial Proposal followed by the name of assignment / procurement

and properly sealed. This outer envelope shall be sealed bear the submission

address and title of the assignment.

6. Bidders may obtain further information from, inspect at and acquire the

Bidding Document from the office of Deputy Director (Planning), office of

Directorate General Sports Punjab, Lahore Ph. # 042-99232504.

7. A complete set of Tender Document (Bidding Document) may be obtained by

Interested Bidder on submission of a written request along-with cash deposit

of Rs. 2,000/- to the above office, by or before 20th February, 2020 at

02:00 pm.

8. All Bids / Financial Proposals must be accomplished by earnest money (Bid

Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a

Scheduled Bank in Pakistan / Guarantee issued by an Insurance

Company having at least AA rating from PACRA / JCR for an amount of

2% of the Estimated Cost referred hereinafter in the Bidding Documents

for the category of Gym / Sports Equipment in favour of “Director General

/ Secretary Sports Board Punjab, Lahore”.

9. Tender Document (Bidding Documents) include the following:-

Section 1: Invitation to Bid.

Section 2: Instructions to Bidders (including Special Instructions).

Section 3: Technical and Financial Proposals-Standard Form for Supply of Gym / Sports Equipment.

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Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.

Section 5: Specifications and Performance Criteria

Section 6: List of Goods / Services (Bill of Quantities)

Section 7: Delivery time / Completion Schedule

Section 8: Estimated Cost.

Section 9: Evaluation Criteria

Section 10: Format of Securities required

Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.

10. It is mandatory for Tender Document (Bidding Documents) to be made by

using the Standard Forms of these Documents. The Technical and Financial

Proposals that are not in the prescribed format may be discarded. If any

information required in the Forms is found missing or written elsewhere, no

credit will be given in the relevant section of the evaluation.

11. The Bidder must sign and affix Firm / Company stamp on each page of the

Tender Document (Bidding Documents)

12. Tender Document (Bidding Documents) are required to be brought in person

or by the authorized representative of the Bidder on or before

21st February, 2020 at 11:45 am positively in the office of Director Sports

Punjab, National Hockey Stadium, Ferozepur Road, Lahore.

13. The Bids (Technical Proposal) will be opened on the same day i.e.

21st February, 2020 at 12:15 pm, in the presence of Representatives of

Firms / Companies / Institutions who choose to attend the same address.

14. Financial Bids of only those bidders shall be opened which have been found

responsive as a result of assessment / evaluation of Technical Proposals.

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SECTION-2

INSTRUCTIONS TO BIDDERS

(a) GENERAL INSTRUCTIONS

(b) SPECIAL INSTRUCTIONS

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(a) GENERAL INSTRUCTIONS

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INSTRUCTIONS TO BIDDERS AND APPENDICES

(A) GENERAL

IB.1 Scope of Bid and Source of Funds

1.1 Scope of Bid

Director General / Secretary Sports Board Punjab (hereinafter called the

“Employer”) wishes to receive Request for Proposals (Bids) for the scope of

Goods and Services which include, but shall not be limited to Supply of Gym

/ Sports Equipments.

A detailed scope of procurement (supply of goods) has been described

elsewhere in these documents. The successful Bidder will be expected to

supply & install the required goods / services and complete the Work within

the stipulated period (Described in Section “Delivery Time / Completion

Schedule” of the Bidding Documents) after receipt of the Letter of

Acceptance (Work Order) by the successful Bidder, as specified in these

Bidding Documents.

1.2 Source of Funds

The Employer has received funds from the Government of the Punjab and it

is intended that part of the proceeds of the funds will be applied to eligible

payments under the Contract for which these Bidding Documents are issued.

IB.2 Eligible Bidders

2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the

prescribed requirement / criteria mentioned in the Tender Notice and in this

Biding Documents after wide publication in daily newspapers and PPRA

website. Financial Proposals of only those Bidders shall be opened

(considered) who have been found eligible (responsive) as per

mandatory requirement / criteria as a result of assessment of Technical

Proposals.

IB.3 Eligible Goods and Services

3.1 All Goods (Equipment) to be supplied under this Contract shall be of

renowned Brand.

IB.4 Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and

submission of its Bid and the Employer will in no case be responsible or liable

for those costs, regardless of the conduct or outcome of the Bidding process.

(B) BIDDING DOCUMENTS

IB.5 Contents of Bidding Documents

5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to

Bid”.

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IB.6 Clarification of Bidding Documents

6.1 A prospective Bidder requiring any clarification(s) in respect of the Bidding

Documents may notify the Employer in writing or by fax at the address as

provided under the Tender Notice (Invitation to Bid). Employer will examine

the request for clarification of the Bidding Documents which it receives not

later than three (3) days prior to the deadline for the submission of bids and

if needed will issue the clarification / amendment of the Bidding Documents

(without identifying the source of enquiry) to all prospective Bidders who have

obtained the Bidding Documents.

IB.7 Amendment of Bidding Documents

7.1 At any time prior to the deadline for submission of bids, the Employer may,

for any reason, whether at his own initiative or in response to a clarification

requested by a prospective Bidder, modify the Bidding Documents by issuing

addendum.

7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant

to Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders

who have obtained the Bidding Documents. Prospective Bidders shall be

intimated of such addendum through TCS, E-mail or by hand. The Bidder

shall also confirm in the Form of Bid that the information contained in such

addenda have been considered in preparing his Bid.

7.3 To afford prospective Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may at its discretion extend

the deadline for submission of Bids.

(C) PREPARATION OF BIDS

IB.8 Language of Bid

8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and

all correspondence and documents relating to the Bid, shall be written in the

English language, provided that if any printed literature furnished by the

Bidder is written in another language then it shall be accompanied by an

English translation of its pertinent passages in which case, for purposes of

interpretation of the Bid, the English translation shall govern.

IB.9 Documents Comprising the Bid

9.1 Tender Document (Bidding Documents) prepared by the Bidder shall

comprise the following components:

(a) Covering Letter

(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.

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(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.

(d) Bid Security furnished in accordance with these Instructions.

(e) Power of Attorney in accordance with these Instructions.

(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.

IB.10 Bid Prices

10.1 The Bidder shall fill up the Schedule of Prices attached to these documents

indicating the unit rates including the services to be performed under the

Contract. Prices on the Schedule of Prices shall be entered keeping in view

the instructions contained in the Preamble to the Schedule of Prices.

10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services

described in the Schedule of Prices. Items against which no rate or price is

entered by a Bidder will not be paid for by the Employer when executed and

shall be deemed covered by rates and prices for other items in the Schedule

of Prices.

10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by

the Bidder shall remain fixed during the Bidder’s performance of the Contract

and not subject to variation on any account. When the Bidders are required

to quote only fixed price(s), a Bid submitted with an adjustable price quotation

will be treated as non-responsive.

10.4 Any discount offered shall be valid for at least the period of validity of the Bid.

A discount valid for lesser period shall be considered null and void.

IB.11 Currencies of Bid

11.1 Prices shall be quoted in the currency of Pakistan (Pak rupees).

11.2 The currency of payment shall be in Pak Rupees.

IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding

Documents

12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility

and conformity to the Bidding Documents of all Goods and Services which

Bidder proposes to perform under the Contract.

12.2 The documentary evidence of the Goods / Services eligibility shall establish

to the Employer’s satisfaction. Such documentary evidence shall include the

documents / information as specifically required in the Tender Document

(Bidding Documents) Forms, the compliance thereof will only establish

Employer’s satisfaction under this Clause.

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12.3 The documentary evidence of the Goods and Services’ conformity to the

Bidding Documents shall also be required in the form of literature, drawings,

catalogues and data relating to the goods and services.

12.4 A clause-by-clause commentary on Biding requirements shall be provided

with the Bidding Documents, demonstrating the Goods and Service’s

substantial responsiveness to those Specifications or a statement of

deviations and exceptions to the provisions of the Technical Provisions as

required in Bidding Documents.

IB.13 Bid Security

13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount

of 2% of the estimated cost referred hereinafter for the category of Gym

/ Sports Equipment.

13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit

at call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank in

Pakistan / Guarantee issued by an Insurance Company having at least AA

rating from PACRA / JCR in favour of the Employer valid for a period of twenty

eight (28) days beyond the bid validity date.

13.3 The Bid Security is required to protect the Employer against the risk of

Bidder’s conduct which would warrant the security’s forfeiture.

13.4 Any Bid not accompanied by an acceptable Bid Security shall be

considered by the Employer as non-responsive.

13.5 The Bid securities of unsuccessful Bidders will be returned upon award of

contract to the successful Bidder or on the expiry of validity of Bid Security

whichever is earlier.

13.6 The Bid Security of the successful Bidder will be returned when the Bidder

has furnished the required Performance Security. If required pursuant to the

clauses of these Instructions and signed the Contract Agreement if no

performance security is required, then the bid security shall be returned after

the completion of work under the Contract Agreement.

13.7 The Bid Security may be forfeited:

(a) If a Bidder withdraws his Bid during the period of Bid validity;

(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or

(c) In the case of a successful Bidder, if he fails to:

(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or

(ii) Sign the Contract Agreement, in accordance with the clauses herein below.

IB.14 Validity of Bids

14.1 Bids shall remain valid for 90 days after the date of Bid opening.

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14.2 In exceptional circumstances prior to expiry of original Bid validity period, the

Employer may request the Bidders to extend the period of validity for a

specified additional period which shall in no case be more than the original

Bid validity period. The request and the responses thereto shall be made in

writing. A Bidder may refuse the request without forfeiture of his Bid Security.

A Bidder agreeing to the request will be required to extend the validity of his

Bid Security for the period of such extension as agreed.

IB.15 Format and Signing of Bid

15.1 Bidders are particularly directed that the amount entered on the Form of Bid

shall be for performing the Contract strictly in accordance with the Bidding

Documents.

15.2 All Schedules to Bid are to be properly completed and signed.

15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto

except in filling up the blanks as directed. If any alteration is made or if these

instructions are not fully complied with, the Bid may be rejected.

15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the

documents comprising the bid as described under these Instructions and

clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of

discrepancy between them, the original shall prevail.

15.5 The original and all copies of the Bid shall be typed or written in indelible ink

and shall be signed by a person or persons duly authorized to sign (in the

case of copies, Photostats are also acceptable). This shall be indicated by

submitting a written Power of Attorney authorizing the signatory of the Bidder

to act for and on behalf of the Bidder. All pages of the Bid and Schedules

to Bid shall be initialed and stamped by the person or persons signing

the Bid.

15.6 The Bid shall contain no alterations, omissions or additions, except to comply

with instructions issued by the Employer, or as are necessary to correct errors

made by the Bidder, in which case such corrections shall be initialed by the

person or persons signing the Bid.

15.7 Bidders shall indicate in the space provided in the Form of Bid their full and

proper addresses at which Notices may be legally served on them and to

which all correspondence in connection with their Bids and the Contract is to

be sent.

15.8 Bidders should retain a copy of the Bidding Documents as their file copy.

(D) SUBMISSION OF BIDS

IB.16 Sealing and Marking of Bids

16.1 Each Bidder shall submit his Bid as under:

(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.

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(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.

16.2 The inner and outer envelopes shall;

(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.

(b) Bear the Work Name and date of opening of Bid.

(c) Provide a warning not to open before the time and date for Bid opening.

16.3 The Bid shall be delivered in person or through an authorized representative

or sent by registered mail at the address to Employer as mentioned in the

Invitation to Bids.

16.4 In addition to the identification required in Sub-Clause referred 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 these

Instructions to Bidders.

16.5 If the outer envelope is not sealed and marked as above, the Employer will

assume no responsibility for the misplacement or premature opening of the

Bid.

IB.17 Deadline for Submission of Bids

17.1 (a) Bids must be received by the Employer at the address specified in

Invitation for Bids not later than the time and date stipulated in the

Invitation for Bids.

(b) Bids with charges payable will not be accepted, nor will arrangements

be undertaken to collect the Bids from any delivery point other than

that specified above. Bidders shall bear all expenses incurred in the

preparation and delivery of Bids.

(c) Upon request, acknowledgment of receipt of Bids will be provided to

those making delivery in person or by representative.

17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.

17.3 The Employer may, at his discretion, extend the deadline for submission of

Bids by issuing an addendum in accordance with these Instructions to

Bidders, in which case all rights and obligations of the Employer and the

Bidders previously subject to the original deadline will thereafter be subject to

the deadline as extended.

IB.18 Late Bids

18.1 (a) Any Bid received by the Employer after the dead line for submission of

Bids prescribed in these Instructions to Bidders / Invitation to Bid will

be returned unopened to such Bidder.

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(b) Delays of person in transit or delivery of a Bid to the wrong office shall

not be accepted as an excuse for failure to deliver a Bid at the proper

place and time. It shall be the Bidder’s responsibility to determine the

manner in which timely delivery of his Bid will be accomplished either

in person or by authorized representative or through registered post.

IB.19 Modification, Substitution and Withdrawal of Bids

19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission

provided that modification, substitution or written notice of the withdrawal is

received by the Employer prior to the deadline for submission of Bids.

19.2 The modification, substitution or withdrawal of any Bid shall be prepared,

sealed, marked and delivered in accordance with the provisions of these

Instructions of Bidders with the outer and inner envelopes additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

19.3 Withdrawal of a Bid during the interval between the deadline for submission

of Bids and the expiration of the period of Bid validity specified in the Form of

Bid may result in forfeiture of the Bid Security pursuant to the clauses of these

Instructions to Bidders.

(E) BID OPENING AND EVALUATION

IB.20 Bid Opening

20.1 A Committee consisting of nominated members by the Employer will open the

Bids, including withdrawals, substitution and modifications made pursuant to

the clauses of these Instructions to Bidders, in the presence of Bidders’

representatives who choose to attend, at the time, date and location

stipulated in the Invitation for Bids.

The Bidders’ representatives who are present shall sign on the Attendance

Sheet evidencing their attendance.

20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”

shall be opened and read out first and the name of the Bidder shall be read

out. Bids for which an acceptable notice of withdrawal has been submitted

pursuant to the clauses of these Instructions to Bidders, shall not be opened.

20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid

modifications, substitutions and withdrawals, the presence or absence of Bid

Security, and such other details as the Employer at its discretion may

consider appropriate, will be announced by the Employer at the Bid opening.

The Employer will record minutes of Bid opening.

Any Bid price or discount which is not recorded in Minutes of Bid opening will

not be taken into account in the evaluation of Bid. Any discount offered by the

Bidder on its quoted prices, shall only be considered if such discount is either

shown on the duly filled-in, signed and stamped Form of Bid / Letter of price

bid or on the Summary Page of the quoted amount for lump sum contract /

bill of quantities as applicable. In case of any discrepancy or difference in the

rate or amount of discount mentioned in the Form of Bid/Letter of price bid

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(as duly filled-in and signed), and on the Summary Page of the Priced BOQ,

the discount shown on the Priced BOQ shall prevail. Discount if offered,

through a separate letter of discount submitted with the Bid, will not be

entertained and shall be considered null & void.

20.4 Discounts offered for lesser period than the Bid validity shall not be

considered in evaluation.

IB.21 Clarification of Bids

21.1 To assist in the examination, evaluation and comparison of Bids, the

Procuring Agency may, at its discretion, ask the Bidder for a clarification of its

Bid. The request for clarification and the response shall be in writing and no

change in the price or substance of the Bid shall be sought, offered or

permitted.

IB.22 Preliminary Examination & Determination of Responsiveness of Bids

22.1 Evaluation Committee constituted for the purpose shall make preliminary

examination and determine the responsiveness of the Bids as follows:

(a) The Evaluation Committee will examine the Bids to determine whether;

(i) The Bid is complete and does not deviate from the scope,

(ii) Any computational errors have been made,

(iii) Required sureties have been furnished,

(iv) The documents have been properly signed,

(v) The Bid is valid till required period,

(vi) The Bid prices are firm during currency of contract if it is a fixed

price bid,

(vii) Completion period offered is within specified limits,

(viii) The Bid does not deviate from basic technical requirements and

specifications mentioned for the goods (equipment); and

(ix) The Bids are generally in order.

(b) A bid is likely not to be considered, if;

(i) it is unsigned,

(ii) its validity is less than specified,

(iii) it is submitted for incomplete scope of work,

(iv) it indicates completion period later than specified,

(v) it indicates that goods and materials to be supplied do not meet

eligibility requirements / specifications,

(vi) it indicates that Bid prices do not include the amount of

applicable taxes, and

(vii) there is alteration in Form of Bid.

(c) A bid will not be considered, if;

(i) It is not accompanied with bid security,

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(ii) It is received after the deadline for submission of Bids,

(iii) It is submitted through fax, telex, telegram or email,

(iv) It indicates that prices quoted are not firm during currency of the

contract whereas the Bidders are required to quote fixed

price(s),

(v) The Bidder refuses to accept arithmetic correction,

(vi) It is materially and substantially different from the Conditions /

Specifications of the Bidding Documents.

It is after review and determination of the responsiveness as per above that

further action on technical evaluation will be taken.

22.2 Arithmetical errors will be rectified on the following basis:

If there is a discrepancy between the unit price and 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 there is a discrepancy between the words and

figures the amount in words shall prevail. If there is a discrepancy between

the total Bid price entered in Form of Price Bid and the total shown in

Schedule of Prices Summary, the amount stated in the Form of Price Bid will

be corrected by the Employer in accordance with the Corrected Schedule of

Prices.

If the Bidder does not accept the corrected amount of Bid, his Bid will be

rejected and his Bid Security forfeited.

22.3 The Employer / Evaluation Committee will determine the substantial

responsiveness of each Bid to the Bidding Documents. For purpose of these

Clauses, a substantially responsive Bid is one which conforms to all the terms

and conditions of the Bidding Documents without material deviations.

A material deviation or reservation is one:

(i) Which affect in any substantial way the scope, quality or performance

of the required supply and installation of goods (equipment);

(ii) Which limits in any substantial way, inconsistent with the Bidding

Documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or

(iii) Whose rectification/adoption would affect unfairly the competitive

position of other Bidders presenting substantially responsive Bids.

22.4 A Bid determined as substantially non-responsive will be rejected and will not

subsequently be made responsive by the Bidder by correction of the non-

conformity.

22.5 Any minor informality or non-conformity or irregularity in a Bid which does not

constitute a material deviation may be waived by Employer, as long as the

waiver does not prejudice or affect the relative ranking of any Bidder.

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IB.23 Detailed Evaluation of Bids

23.1 Only the Bids previously determined to be substantially responsive pursuant

to the clauses of these Instructions to Bidders will be evaluated and compared

in detail by the Employer / Evaluation Committee as per the requirements

given in the evaluation criteria.

23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s

data submitted with the Bid will be compared with the technical features /

criteria of the Goods / Services detailed and prescribed by the Employer in

these documents.

23.3 Bids indicating completion beyond 10 days later than the dates set out in

Conditions of Contract shall not be considered and rejected as

non- responsive.

IB.24 Process to be Confidential

24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact

Employer / Evaluation Committee on any matter relating to its Bid from the

time of the Bid opening to the time the Bid evaluation result is announced by

the Employer.

24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the

Bid evaluation, Bid comparison or Contract Award decisions may result in the

rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a

written complaint not later than fifteen (15) days after the announcement of

the Bid evaluation result; however, mere fact of lodging a complaint shall not

warrant suspension of the procurement process.

(F) AWARD OF CONTRACT

IB.25 Post-Qualification

25.1 The Employer, at any stage of the bid evaluation, having credible reasons for

or prima facie evidence of any defect in supplier’s or contractor’s capacities,

may require the suppliers or contractors to provide information concerning

their professional, technical, financial, legal or managerial competence

whether already pre-qualified:

Provided that such qualification shall only be laid down after recording

reasons therefore in writing. They shall form part of the records of that bid

evaluation report.

25.2 An affirmative determination will be a pre-requisite for award of the Contract

to the lowest evaluated Bidder. A negative determination will result in rejection

of that Bidder’s Bid in which event, Employer will proceed to undertake a

similar determination of the next lowest evaluated Bidder’s capabilities to

perform the Contract satisfactorily.

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IB.26 Award Criteria

26.1 Subject to the clauses of these Instructions to Bidders, the Employer will

award the Contract to the Bidder whose Bid has been determined to be

substantially responsive to the Bidding Documents and who has offered the

lowest evaluated Bid Price, provided that such Bidder has been determined

to be qualified to satisfactorily perform the Contract in accordance with the

provisions of these Instructions to Bidders.

IB.27 Employer’s Right to Vary Quantities

27.1 Employer reserves the right at the time of award of Contract to increase or

decrease the quantity of Goods and Services contained in the Schedule of

Prices without any change in the unit price or other terms and conditions. The

Employer also reserves the right to delete any one or more items of goods

(equipment) and services for which the bid has been called.

IB.28 Employer’s Right to Reject Bids

28.1 Employer reserves the rights to annul the bidding process and reject all Bids,

at any time prior to award of Contract, without thereby incurring any liability

to the affected Bidders or any obligation to inform the affected Bidders of the

grounds for the Employer’s action except that the grounds for its rejection

shall upon request be communicated, to any Bidder who submitted a Bid,

without justification of grounds. Rejection of all Bids shall be notified to all

Bidders promptly.

28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the

Bid evaluation report.

IB.29 Notification of Award

29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the

Employer will notify the successful Bidder in writing (“Letter of Acceptance /

Work Order”) that his Bid has been accepted. This letter shall name the sum

which the Employer will pay the Contractor in consideration of the supply &

installation of required goods and provision of services / facility by the

Contractor as prescribed by the Contract (hereinafter and in the Conditions

of Contract called the “Contract Price”).

29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will

constitute the formation of the Contract, binding the Employer and the

successful Bidder till signing of the formal Contract Agreement (In case the

formal Contract Agreement is not signed by an act of the successful Bidder

or due to some other reason, the letter of Acceptance / Work Order as well

as the terms and conditions of these documents shall be binding and

considered as terms and conditions between the Employer and successful

Bidder).

29.3 Upon furnishing by the successful Bidder of a Performance Security (if

applicable otherwise after signing of the former contract Agreement) the

Employer will promptly notify the other Bidders that their Bids have been

found unsuccessful and return their Bid securities.

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IB.30 Signing of Contract Agreement

30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance

/ Work Order, the successful Bidder shall submit to the Employer the Form

of Contract Agreement provided in the Bidding Documents, duly filled in and

incorporating all agreements between the parties for signing.

30.2 The formal Agreement between the Employer and the successful Bidder shall

be executed within ten (10) days of the receipt of such Form of Contract

Agreement by the Employer from the successful Bidder. The expenses for

executing the Contract Agreement shall be borne by the successful Bidder.

(G) ADDITIONAL (SPECIAL) INSTRUCTIONS

IB.31 Instructions Importance

31.1 Bids shall be prepared and submitted in accordance with the above

Instructions to Bidders including Additional (Special) Instructions which are

provided to assist Bidders in preparing their Bids.

IB.32 Contract Documents

32.1 The Documents which will be included in the Contract are listed in the Form

of Contract Agreement set out in these Bidding Documents.

IB.33 Sufficiency of Bid

33.1 Each Bidder shall satisfy himself before bidding as to the correctness and

sufficiency of his Bid and of the rates and prices entered in the Schedule of

Prices. Except in so far as it is otherwise expressly provided in the Contract,

the rates and prices entered in the Schedule of Price shall cover all his

obligations under the Contract and all matters and things necessary for the

proper completion of the works / supply and installation of goods (equipment).

IB.34 Bidder to inform himself

34.1 The Bidder is advised to obtain for himself at his own cost and responsibility

all information that may be necessary for preparing the Bid and entering into

a Contract for execution of the works / supply and installation of goods

(equipment). This shall include but not be limited to the following:

(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.

(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.

(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.

(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.

19

IB.35 Alternate Proposals by Bidder

35.1 If any Bidder may considers that he can offer any advantage to the Employer

by a modification to the designs, specifications or other conditions, he may,

in addition to his Bid to be submitted in strict compliance with the Bidding

Documents, submit any Alternate Proposal(s) containing (a) technical

specifications; and (b) any other relevant details / conditions, provided always

that the total sum entered on the Form of Bid shall be that which represents

complete compliance with the Bidding Documents.

35.2 Alternate Proposal(s): The Goods / Services offered of the specifications

superior to the one specified in these Bidding Documents may be acceptable,

only if alternate proposal is from the lowest bidder.

IB.36 Site Visit and Local Conditions

36.1 Bidder must verify and supplement by his own investigations the

information about site and local conditions. However, Employer will

assist the Bidder wherever practicable and possible.

36.2 All Bidders are required to visit the site at their own expense to review the

areas allocated for the Supply & Installation of Goods (Equipment) and the

interfacing facilities, if any. Bidders shall also study local conditions, available

facilities, communications, craft wages, roads and other transport facilities.

Bidders shall also acquaint themselves with the relevant laws, rules, and

regulations of Pakistan.

36.3 The Bidders and any of their personnel or agents will be granted permission

by the Employer to enter upon his premises and lands for the purpose of such

inspection, but only upon the express condition that the Bidders, their

personnel and agents, will release and indemnify the Employer, his personnel

and agents from and against all liability in respect thereof and will be

responsible for death or personal injury, loss of or damage to property and

any other loss, damage, costs and expenses incurred as a result of such

inspection.

IB.37 Clarification of Issues

37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee

to clarify issues and to answer any questions on matters related to the Bidding

Documents.

IB.38 Integrity Pact

38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of

Instructions to Bidder in the Bidding Documents. Failure to provide such

Integrity Pact shall make the Bid non-responsive.

20

IB.39 General Performance of the Bidders

39.1 The Employer reserves the right to obtain information regarding performance

of the Bidders on their previously awarded contracts/works. The Employer

may in case of poor performance of any Bidder so as past record of

terminated / incomplete works of similar nature pertaining to any Government,

Semi-Government, autonomous Body or Organization, reject his bid.

(H) APPENDICES

The Appendices Instructions to Bidders are as given below, and the Bidder

shall fill in all these Appendices:

• Appendix-A: Proposed Programme of Supply.

• Appendix-B: Integrity Pact.

21

Appendix-A

(Instructions to Bidders)

PROPOSED PROGRAMME OF SUPPLY.

Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing

the sequence of Supply of Gym / Sports Equipment by which he proposes to

complete the Work of the entire Contract. The programme should indicate the

sequences of supply and installation of items and the period of time during which he

proposes to complete the Works for each site including the activities like supply,

ordering / procurement of goods (equipment), delivering & schedule of installation of

required Goods / Services under the Contract.

22

Appendix-B

(Instructions to Bidders)

Integrity Pact

[To be filled and signed by the Bidder]

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.____________________ Dated

____________________

Contract Value: _________________

Contract Title: __________________

………………………………… [Name of Supplier] hereby declares that it has

not obtained or induced the procurement of any contract, right, interest,

privilege or other obligation or benefit from Government of Pakistan or

Government of the Punjab or any administrative sub division or agency

thereof or any other entity owned or controlled by Government of Pakistan or

Government of the Punjab through any corrupt business practice.

Without limiting the generality of the foregoing, [-----------------------------------

name of Supplier] represents and warrants that it has fully declared the

brokerage, commission, fees etc. paid or payable to anyone and not given or

agreed to give and shall not give or agree to give to anyone within or outside

Pakistan either directly or indirectly through any natural or juridical person,

including its affiliate, agent, associate, broker, consultant, director, promoter,

shareholder, sponsor or subsidiary, any commission, gratification, bribe,

finder’s fee or kickback, whether described as consultation fee or otherwise,

with the object of obtaining or inducing the procurement of a contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established & controlled by the Federal / Provincial Government except that

which has been expressly declared pursuant hereto.

[-----------------------------------------------------------name of Supplier] certifies that

it has made and will make full disclosure of all agreements and arrangements

with all persons in respect of or related to the transaction with Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government and has not taken any action

or will not take any action to circumvent the above declaration, representation

or warranty.

[-----------------------------------------------------------name of Supplier] accepts full

responsibility and strict liability for making any false declaration, not making

full disclosure, misrepresenting facts or taking any action likely to defeat the

purpose of this declaration, representation and warranty. It agrees that any

23

contract, right, interest, privilege or other obligation or benefit obtained or

procured as aforesaid shall, without prejudice to any other rights and

remedies available to Government of Pakistan or Government of Punjab or

any autonomous body established and controlled by Federal / Provincial

Government under any law, contract or other instrument, be voidable at the

option of Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government.

Notwithstanding any rights and remedies exercised by Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government in this regard,

[------------------------------------------------------------name of Supplier] agrees to

indemnify Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government for any loss or damage incurred by it on account of its corrupt

business practices and further pay compensation to Government of Pakistan

or Government of Punjab or any autonomous body established and controlled

by Federal / Provincial Government in an amount equivalent to ten time the

sum of any commission, gratification, bribe, finder’s fee or kickback given by

[-----------------------------------------------------------name of Supplier] as aforesaid

for the purpose of obtaining or inducing the procurement of any contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established and controlled by Federal / Provincial Government.

Name of Buyer: …………………. Name of Seller/Supplier: …………..

Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]

24

(b) SPECIAL INSTRUCTIONS

AND BIDDING DATA

25

SPECIAL INSTRUCTIONS TO BIDDERS

BIDDING DATA

Sr. No.

Description of Special Instructions

1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed

under PPRA Rules 2014

2 Name of the Project and Summary of the works:

Supply of Gym / Sports Equipment at Tehsil Level Gymnasiums Chak Jhumra & Jarranwala, District Faisalabad.

3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

4 The Client will provide the following inputs and facilities: (i). All available data.

5 Proposal must remain valid for 90 Days after the submission date, that is until:

21st May, 2020

6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

7 Bid language: English

8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.

9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes

10 Bidders to quote the Bid Price: in Pak Rupees

26

11

Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.

12

Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

Tender Document (Bidding Documents) must be submitted not later than the following date and time:

On or before 21st February, 2020 during office hours till 11:45 am

13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of Gym / Sports Equipment.

14 Venue, time and date of Bid opening (Technical Proposal)

Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020

15 Period for furnishing and signing of contract agreement:

Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.

27

SECTION – 3

TECHNICAL AND FINANCIAL PROPOSALS-

STANDARD FORMS

FOR SUPPLY OF GYM / SPORTS EQUIPMENT

28

TECHNICAL PROPOSAL-STANDARD FORMS

29

TECHNICAL PROPOSALS

FORM TECHNICAL PROPOSAL SUBMISSION FORM

Location: ________________ Date____________

To:

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., Supply of Gym / Sports Equipment, in accordance with the Request for

Proposals (Bidding Documents) received by us in pursuance of the Tender Notice

published in daily newspapers and PPRA website. We are hereby submitting our

Proposal, which includes this Technical Proposal and a Financial Proposal sealed

under separate envelopes.

We hereby declare that all the information and statements made in this

Proposal are true and accept that any misinterpretation contained in it may lead to

our dis-qualification. We further accept that any incorrect / wrong information and

statement made in this proposal may lead to Civil and Criminal action, besides our

dis-qualification.

Our Proposal is binding upon us and subject to the modifications resulting

from Agreement negotiations.

We undertake, if our Proposal is accepted, to initiate the supply & installation

related to the assignment not later than the date indicated in Instructions to Bidders

(Bidding Data) and shall complete the work within the stipulated time period from the

date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as

prescribed in Proposals (Bidding Documents).

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

30

MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING

TECHNICAL PROPOSALS

Supply of Gym / Sports Equipment

The Following Requirements / Conditions / Criteria must be fulfilled by the applicant

Bidder for submission of his Technical Proposal:

1. The Applicant / Company / Institution must be registered with Government.

The Applicant shall produce documentary proof of such registration.

2. The Applicant / Company / Institution must be registered Income Tax

Department and must produce NTN Certificate and GST registration

Certificate.

3. The Applicant / Company / Institution must not be Tax defaulter or Black listed

by any Government Department, Semi Government Department or

Autonomous Body. In this regard, the applicant shall submit undertaking in

judicial stamp paper

4. The Applicant / Company / Institution must have Sound Financial Position.

The Applicant must submit his Bank Statement for the last Two Years to

establish sound Financial Position

5. The Applicant / Company / Institution must have experience of supply /

manufacturing of required items of procurement. In this regard, the applicant

shall submit the Documentary proof / copies of work orders to establish his

relevant experience

6. In case of Manufacture Bidder, he shall submit the details of his

Manufacturing Unit, complete address, Machinery description and the total

Staff / Workers employed by him. In case of Supplier Bidder, he shall submit

his experience of supplying goods to different Public Sector or Private Sector

Institutions.

7. The successful Bidder shall be required to supply the required items of

Procurement at the concerned site in Punjab. The quoted price / Bid must

include the Transportation charges as well as installation charges and no

additional charges shall be paid for supply of required Items at different sites,

as directed by the Employer.

8. The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose.

31

TECHNICAL PROPOSALS

Supply of Gym / Sports Equipment

EVALUATION CRITERIA

A. Mandatory Requirements:

The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:

Sr.# Mandatory Requirements Documentary Evidence Total Marks

1. Registration / Incorporation of

Contractor / Firm / Company under the laws of Pakistan.

Certificate of Contractor / Firm / Company Registration.

Mandatory

2. Valid FBR Registration. NTN Certificate Copy. Mandatory

3. Valid General Sales Tax

Registration General Sales Tax Registration

Certificate Mandatory

4. Valid Punjab Sales Tax

Registration, if applicable Punjab Sales Tax Registration

Certificate, if applicable. Mandatory

5.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be

attached.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case

of Sole Proprietorship, Affidavit should be attached.

Mandatory

6.

Undertaking that the Contractor / Firm / Company or any Partner(s) is

not blacklisted by Provincial or Federal Government Department,

Agency, Organization or autonomous body anywhere in

Pakistan.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

7.

Undertaking that the Contractor / Firm / Company or any Partner(s) of

JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any

Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent

and results of such proceedings should be mentioned in detail.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

32

Sr.# Mandatory Requirements Documentary Evidence Total Marks

8.

Adherence to time line in completion of work non-adherence without just cause shall result in imposition of

penalty.

Undertaking on Stamp Paper that the Bidder shall, within 7 days after

the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time

line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.

Mandatory

9.

Financial Soundness Sufficient Bank Balance available

with the Contractor / Firm / Company for providing the goods in time line.

Bank Statement / Audited Accounts for the last 24 months in the name of

Company / Firm is to be attached. (In case of JV / Consortium, Bank

Statements / Audited Accounts of all partners are to be attached)

Mandatory

10. Items of Sports Equipment to be

supplied must be approved by the concerned Sports International Body

Certifications / Approval of each item of Sports Equipment by concerned Sports International Body shall be

attached by the bidder

Mandatory

11.

Bidder must be Authorized Agent / Dealer / Distributor of the Principal

Supplier Company from whom Gym & Sports Equipment Items

(Imported) are to be supplied

Letter of Authorization as Agent / Dealer / Distributor of the Principal Supplier Company for the imported

Gym & Sports Equipment Items

Mandatory

B. Technical Proposals Scoring Criteria:

Total Marks: 100 Qualifying Marks: 70

Sr. No.

Description Marks Distribution Marks

1. Personnel Capability

(Strength of Permanent Staff).

Marks Distribution:

• Management Staff (5 Marks)

• Financial Staff (5 Marks)

• Technical Staff (5 Marks)

• Field Staff (5 Marks)

(List of names of Permanent Staff along with CVs and the proof of their

engagement with the Company / Firm should be attached).

20

33

Sr. No.

Description Marks Distribution Marks

2. Years in Business of Applicant

Firm / Company

• 10 Years & above (10 Marks)

• 7 Years upto 10 Years (7 Marks)

• 5 Years upto 7 Years (5 Marks)

• 2 Years upto 5 Years (2 Marks)

(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).

10

3. General experience in Supply of

Gym / Sports Equipment.

Marks Distribution:

02 Projects (5 Marks)

03-04 Projects (10) Marks)

05 & Above Projects (15 Marks)

(List of Projects referred above along with documentary proof

should be attached).

15

4.

Experience in Supply of Gym / Sports Equipment to any

Government, Semi Government or Autonomous Body established /

controlled by Government.

Marks Distribution:

01 Project (8 Marks)

02 Projects (12 Marks)

03 Projects (16 Marks)

04 & Above Projects (20 Marks)

(List of Projects referred above along with documentary proof

should be attached).

20

34

Sr. No.

Description Marks Distribution Marks

5. Financial Soundness

• Available Bank Turn Over for last 02 years.

If 1 million to less than 2 Million (5 Marks)

If 2 million to less than 5 Million (10 Marks)

If 5 million to less than 10 Million (15 Marks)

If 10 million to less than 15 Million (20 Marks)

If 15 million & above (25 Marks)

25

6. Gym / Sports Equipment

available with the Applicant for supply.

List of Gym / Sports Equipment available with the Applicant for

supply with proof of ownership and year of purchase / manufacturing

should be attached. (10 Marks).

10

35

TECHNICAL PROPOSALS

(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)

Supply of Gym / Sports Equipment

The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement. The unfilled (blank) or incomplete / vague information shall not be considered and the Technical Proposal for such item shall be declared non-responsive.

A. Gym Equipment

Sr. #

Description & Specification of Required Item

Brand Name / Company

Name of Imported

Country or local

Main Specifications / Features of Goods (Equipment)

offered by Supplier

1. Seated Chest Press (Minimum 80 Kg)

2. Seated Side latral Rases (Minimum 60 Kg)

3. Pull Down (Minimum 80 Kg)

4. Leg Extension (Minimum 80 Kg)

5. Lower Back (Minimum 80 Kg)

6. Butterfly (Minimum 80 Kg)

7. Raer Butterfly (Minimum 80 Kg)

8. Seated Leg Curl (Minimum 80 Kg)

9. Seated Row (Minimum 80 Kg)

10. Shoulder Press (Minimum 80 Kg)

36

Sr. #

Description & Specification of Required Item

Brand Name / Company

Name of Imported

Country or local

Main Specifications / Features of Goods (Equipment)

offered by Supplier

11. Smith Machine

12. Cable Crossover (Minimum 120 Kg)

13. Leg Curl (Minimum 80 Kg)

14. Adjustable Functional Trainer (Minimum 120 Kg)

15. Power State Bench

16. Power Incline Bench

17. Seated Bench Press (Minimum 80 Kg)

18. Four Station (Minimum 380 Kg)

19. Seated Tricep (Minimum 60 Kg)

20. Seated Bicep (Minimum 60 Kg)

21. Squated Stand

22. Pullover (Minimum 80 Kg)

23. 45-Degree Leg Press

37

Sr. #

Description & Specification of Required Item

Brand Name / Company

Name of Imported

Country or local

Main Specifications / Features of Goods (Equipment)

offered by Supplier

24. Rotary Abdominal (Minimum 60 Kg)

25. Flat Bench

26.

Cardio Equipment

i. Treadmill (Imported)

ii. Elliptical Trainer (Imported)

iii. Cumbert Bike (Imported)

iv. Re-Cumbert Bike (Imported)

v. Rowers (Imported)

27. Plate Tree

28. Olympic Plates Rubber Coated 5kgx10, 10kgx8, 15kgx6, 20kgx6,

29. Olympic Bar (Imported)

30. Curling Bar (Imported)

31.

Dumbbells Rubber Coated 2.5kg, 5kg, 7.5kg, 10kg, 12.5kg, 15kg, 17.5kg, 20kg, 22.5kg, 25kg, 27.5kg and 30kg (1 pair each)

32. Dumbbell Rack

38

B. Sports Equipment

(Each of the following item of sports equipment must be certified / approved by the concerned Sports International Body and the bidder shall submit documentary proof in this regard)

Sr. #

Description & Specification of Required Item

Brand Name / Company

Name of Imported

Country or local

Main Specifications / Features of Goods (Equipment)

offered by Supplier

1. Wrestling Mat (Imported)

2. Judo / Ju-Jitsu Mat (Imported)

3. Karate Mat (Imported)

4. Taekwondo Mat (Imported)

5. Wushu Mat (Imported)

6. Hydraulic Basket Ball Polls (Imported)

7.

Table Tennis Donic (Germany / USA / Western Europe Countries)

8. Handball Goal Post (1 Pair) (Imported)

9. Volleyball Polls (2 Pairs) (Imported)

10. Badminton Polls (2 Pairs) (Imported)

Note: -

The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose. Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.

39

FINANCIAL PROPOSAL-STANDARD FORMS

40

FORM - FINANCIAL PROPOSAL SUBMISSION FORM

Location----------------------------Date----------------------------

To: [Name and address of Employer]

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., “Supply of Gym / Sports Equipment” in accordance with Tender

Document (Bidding Documents) received by us in pursuance of the Tender Notices

Published in Daily Newspaper and PPRA website. Our attached Financial Proposal

is for the sum of:

--------------------------------------------------------------------------------------------------------------

[Insert amount(s) in words and figures].

This amount is inclusive of all the applicable taxes.

Our Financial Proposal shall be binding upon us subject to the modifications

resulting from Agreement negotiations, up to expiration of the validity period of the

Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).

No commissions or gratuities have been or are to be paid by us to agents

relating to this Proposal and Agreement execution.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: ________________________________

Name and Title of Signatory: __________________________________________

Name of Firm: _____________________________________________________

Address: __________________________________________________________

41

FORM - SUMMARY OF COSTS

Sr. # Description & Specification of Required Item

Rate Per Unit inclusive all applicable Taxes

(In Rs.)

1. Seated Chest Press (Minimum 80 Kg)

2. Seated Side latral Rases (Minimum 60 Kg)

3. Pull Down (Minimum 80 Kg)

4. Leg Extension (Minimum 80 Kg)

5. Lower Back (Minimum 80 Kg)

6. Butterfly (Minimum 80 Kg)

7. Rear Butterfly (Minimum 80 Kg)

8. Seated Leg Curl (Minimum 80 Kg)

9. Seated Row (Minimum 80 Kg)

10. Shoulder Press (Minimum 80 Kg)

11. Smith Machine

12. Cable Crossover (Minimum 120 Kg)

13. Leg Curl (Minimum 80 Kg)

14. Adjustable Functional Trainer (Minimum 120 Kg)

15. Power State Bench

42

Sr. # Description & Specification of Required Item

Rate Per Unit inclusive all applicable Taxes

(In Rs.)

16. Power Incline Bench

17. Seated Bench Press (Minimum 80 Kg)

18. Four Station (Minimum 380 Kg)

19. Seated Tricep (Minimum 60 Kg)

20. Seated Bicep (Minimum 60 Kg)

21. Squated Stand

22. Pullover (Minimum 80 Kg)

23. 45-Degree Leg Press

24. Rotary Abdominal (Minimum 60 Kg)

25. Flat Bench

26.

Cardio Equipment

i. Treadmill (Imported)

ii. Elliptical Trainer (Imported)

iii. Cumbert Bike (Imported)

iv. Re-Cumbert Bike (Imported)

v. Rowers (Imported)

43

Sr. # Description & Specification of Required Item

Rate Per Unit inclusive all applicable Taxes

(In Rs.)

27. Plate Tree

28. Olympic Plates Rubber Coated (5kg, 10kg, 15kg, 20kg)

Rate per Kg

29. Olympic Bar (Imported)

30. Curling Bar (Imported)

31.

Dumbbells Rubber Coated (2.5kg, 5kg, 7.5kg, 10kg, 12.5kg, 15kg, 17.5kg, 20kg, 22.5kg, 25kg, 27.5kg and 30kg)

Rate per Kg

32. Dumbbell Rack

B. Sports Equipment

Sr. # Description & Specification of Required Item

Rate Per Unit inclusive all applicable Taxes

(In Rs.)

1. Wrestling Mat (Imported)

2. Judo / Ju-Jitsu (Imported)

3. Karate Mat (Imported)

4. Taekwondo (Imported)

44

Sr. # Description & Specification of Required Item

Rate Per Unit inclusive all applicable Taxes

(In Rs.)

5. Wushu Mat (Imported)

6. Hydraulic Basket Ball Polls (Imported)

Rate Per Pair

7. Table Tennis Donic with Net (Germany / USA / Western Europe Countries)

Rate per complete set

8. Handball Goal Post (Imported)

Rate Per Pair

9. Volleyball Polls (Imported)

Rate Per Pair

10. Badminton Polls (Imported)

Rate Per Pair

45

SECTION - 4

FORM OF CONTRACT

FORM OF CONTRACT FOR SUPPLY OF GYM /

SPORTS EQUIPMENT.

46

FORM OF CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______

day of ______________________ (month) 2020, between _________________________

_____________________________________(hereafter called the “Employer”) of the one

part and ____________________________________________ (hereafter called the

“Contractor”) of the other part.

WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of Gym

/ Sports Equipment should be carried out / executed by the Contractor and has accepted a

Bid of the Contractor for the execution and completion of such Works and the remedying of

any defects therein.

NOW this Agreement witness 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 hereinafter referred to.

2. The following documents after incorporating addenda, if any except those parts relating

to Instructions to Bidders, shall be deemed to form and be read and construed as part

of this Agreement, viz:

(a) Contract Agreement.

(b) Letter of Acceptance (Work Order).

(c) The completed Form of Request for Proposals (Bidding Documents)

(d) The Conditions of Contract and Special Conditions of Contract.

(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.

3. The Procurement of Gym / Sports Equipment should be as per specifications

mentioned in Tender Document (Bidding Documents). If the material provided by the

Contractor will not meet the specification as per aforesaid requirement, then necessary

action will be taken against the Contractor as provided under law.

4. With reference to Tender Document (Bidding Documents) mutually agreed between

the Employer and Contractor relevant copies of the Request for Proposals (Bidding

Documents) attached to this contract / agreement are;

(a) “Financial Proposals” of Bidding Documents.

(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.

5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete

consignment under contract agreement. Final Payment shall be made on completion

of work (supply of all Goods / Services) and fulfillment of all terms and conditions of

contract and submission of Guarantee as required under the Special Conditions of

Contract. No other charges to be paid after the full payment.

6. Tender Document (Bidding Documents) of the subject procurement shall be

considered part of the Contract Agreement.

47

7. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute

and complete the Works and remedy defects herein in conformity and in all respects

with the provisions of the Contract.

8. The Employer hereby covenants to pay the Contractor, in consideration of the

execution and completion of the Works as per 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 on

the ----------------------------------------------------------

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on

the day, month and year first before written in accordance with their respective laws.

Signature of the Contactor Signature of Employer

_______________________________ _______________________________

(Seal) (Seal)

Signed, Sealed and Delivered in the presence of:

Witness: Witness:

_______________________________ _______________________________

(Name, Title and Address) (Name, title and Address)

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CONDITIONS OF CONTRACT

Definitions and Interpretations

1.1 Definitions

In the Contract (as hereinafter defined) the following words and expressions shall have

the meanings hereby assigned to them:

1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work

Order).

1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of

Contract.

1.1.3 "Contract" means the agreement between the Employer and the Contractor

for the execution of the Works incorporating the Conditions, Specifications,

Tender, Letter of Acceptance (Work Order) and such further documents as may

be expressly incorporated by the Letter of Acceptance (Work Order). Any

subsequent documents mutually agreed and signed by the Employer and the

Contractor shall be the part of the Contract.

1.1.4 "Contract Agreement" means the documents recording the terms of the

Contract between the Employer and the Contractor.

1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work

Order) as payable to the Contractor for the Supply, Installation, Execution and

Completion of the Works subject to such additions thereto or deductions

therefrom as may be made under the provisions of hereinafter contained and

remedying of any defects therein in accordance with the provisions of the

Contract.

1.1.6 "Contractor" means the person whose bid has been accepted by the

Employer and the legal successors in title to the Contractor but not (except with

the consent of the Employer) any assignee of the Contractor.

1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and

operation & maintenance manuals to be submitted by the Contractor.

1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement

Committee for satisfactory execution of work / supply & installation of Goods in

accordance with these Conditions of Contract.

1.1.9 "Defects Liability Period" means one year following taking over (issuing date

of Receipt Certificate), during which the Contractor is responsible for making

good defects and damage in accordance with the Conditions of Contract.

1.1.10 “Employer" means the person named as such in the Form of Contract and the

legal successors in title to the Employer but not (except with the consent of the

Contractor) any assignee of the Employer.

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1.1.11 "Employer's Drawings" means all the drawings, information and

specifications provided by the Employer to the Contractor under the Contract.

1.1.12 "Employer's Risks” means those risks defined in these Conditions of

Contract.

1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of

Contract.

1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation

of the most elementary rules of diligence which a conscientious contractor in

the same position and under the same circumstances would have followed.

1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the

formal acceptance by the Employer of the Tender incorporating any

adjustments or variations to the Tender agreed between the Employer and the

Contractor.

1.1.16 "Retention Money" means the security to be deducted from the payable

amounts of the Contractor in accordance with the terms and conditions of the

Contract.

1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all

things to be provided under the Contract.

1.1.18 "Site" means the place or places, provided or made available by the Employer

where work is to be done by the Contractor or to which Goods are to be

delivered / installed / fixed, together with so much of the area surrounding the

same as the Contractor shall with the consent of the Employer use in

connection with the Works otherwise than merely for the purposes of access.

1.1.19 "Specification" means the specification of the Goods included in the

Pre-Qualification Notice / Documents for Pre-Qualification / Request for

Proposals (Bidding Documents) / Contract and any modification thereof made

in accordance with the Conditions of Contract.

1.1.20 “Procurement Committee” means a Committee constituted by the Employer

to perform the functions as such under the terms and conditions of Contract.

1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee” means a Committee constituted by the Employer to perform the

functions as such under the terms and conditions of Contract.

1.1.22 “Finance Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.23 “Verification Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement

Committee to the Contractor in accordance with these Conditions of Contract.

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1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods

and its Installation / Fixation. The word “Tender” is synonymous with the word

“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request

for Proposals” including financial proposal and technical proposal.

1.1.26 "Inspection on Completion" means the tests / inspections specified in the

Contract or otherwise agreed by the Procurement Committee and the

Contractor to be performed before the goods / services / works are taken over

by the Employer.

1.1.27 "Time for Completion" means the time stated in the Contract / Bidding

Documents for completing the Works. The time for completion shall be

calculated from the Commencement Date to the issuance of Receipt Certificate

by the Procurement Committee of the Directorate General Sports / Sports

Board Punjab.

1.1.28 "Variation Order" means any written order, identified as such, issued to the

Contractor by the Procurement Committee under the Conditions of Contract.

1.1.29 "Works" means all supply, installation of Goods and Services to be

provided, installed / fixed and work to be done by the Contractor under

the Contract.

1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for replacing any

defective Goods / Equipments during the specified Guarantee period, which

should commence after “Receipt Certificate”.

1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for making good any

defective Goods / Equipments during the specified Warranty period, which

should commence after “Receipt Certificate”.

1.2 Periods

In these Conditions "days" means calendar day and "year" means 365 days.

2.1 Assignment

The Contractor shall not assign the Contract or any part of his obligations under the

Contract. A charge in favour of the Contractor's bankers of any monies due under the

Contract shall not be considered an assignment.

3.1 Subcontracting

The Contractor shall not subcontract the part or whole of the Works.

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4.1 Day to Day Communications

The language for day to day communications is stated in the Preamble.

4.2 Priority of Contract Documents

Unless otherwise provided in the Contract, the priority of the Contract documents shall

be as follows:

1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding

Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.

5.1 General Obligations

a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.

b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.

Contract Agreement

6.1 Contract Agreement

The Contractor shall, if called upon so to do, execute a Contract Agreement recording

all the terms of the Contract, to be prepared by and completed.

6.2 Sufficiency of Contract Price

The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:

(a) All the conditions and circumstances affecting the Contract Price,

(b) The possibility of carrying out the Works as described in the Contract,

(c) The general circumstances at the Site and

(d) The general labour position at the Site.

6.3 Physical Obstructions and Conditions

If during the execution of the Works on Site, the Contractor encounters physical

obstructions or conditions of the kind stipulated in these Conditions of Contract, the

Contractor shall be entitled to recover such additional cost incurred in consequence.

The Procurement Committee shall certify and there shall be added to the Contract

Price the additional cost, after approval by the Employer.

Contractor's Representative

7.1 Contractor's Representative

The Contractor shall employ one or more competent representatives to superintend

the carrying out of the Works on Site. They shall be fluent in the language for day to

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day communications. Their names shall be communicated in writing to the

Procurement Committee before work (supply and installation of Goods) on Site begins.

Any instruction or notice which the Employer give to the Contractor's representative

shall be deemed to have been given to the Contractor.

7.2 Objection to Contractor's Employees

The Contractor shall, upon the Employer’s written instruction, remove from the Works

any person employed by him in the execution of the Works, who misconducts himself

or is incompetent or negligent.

7.3 Safety Precautions

The Contractor shall observe all applicable regulations regarding safety on the Site.

Unless otherwise agreed, the Contractor shall, from the commencement of work on

Site till taking over by the Employer, provide:

(a) Fencing, lighting, guarding and watching of the Works, and

(b) Temporary roadways, footways, guards and fences which may be necessary

for the accommodation and protection of owners and occupiers of adjacent

property, the public and others.

In order to provide for the safety, health and welfare of persons, and for prevention of

damage of any kind, all operations for the purposes of or in connection with the

Contract shall be carried out in compliance with the safety requirements of the

Government of Pakistan with such modifications thereto as the Procurement

Committee may authorize or direct and the Contractor shall take or cause to be taken

such further measures and comply with such further requirements as the Procurement

Committee may determine to be reasonably necessary for such purpose.

The Contractor shall make, maintain, and submit reports to the Procurement

Committee concerning safety, health and welfare of persons and damage to property

as the Procurement Committee may from time to time prescribe.”

7.4 Electricity Water and Gas

The Contractor shall be responsible for making his own arrangements for the adequate

supply of electricity, water and gas required for the effective performance of his

obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled

to use for the purposes of the Works such supplies and services as may be available

on the Site. The Contractor shall, before the commencement of the work at Site, seek

the approval of the Procurement Committee as to his detailed requirements of

electricity, water and gas for the entire Contract period. The Contractor shall pay the

Employer at the rates / cost incurred by the Employer. The Contractor shall at his own

cost provide any apparatus necessary for such use”. The contractor will bear the cost

of distribution network for electricity, potable water, telephone, gas and their

consumption by his own personnel for the purpose of the work.

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7.5 Employer's Equipment

The Employer may, if the Contractor so requests for the execution of the works,

operate any available equipment of the Employer. The Contractor shall pay the

Employer a mutually agreed price for such use.

The Employer shall during such operation retain control of and be responsible for the

safe working of the equipment. In case of any damage / loss by the Contractor, such

loss shall be made good by the Contractor.

7.6 Clearance of Site

The Contractor shall from time to time during the progress of the Works clear away

and remove all surplus materials and rubbish. On completion of the Works, the

Contractor shall remove all Contractor's Equipment and leave the whole of the Site

and the Works clean and in a workmanlike condition, to the satisfaction of the

Procurement Committee.

7.7 Authority for Access

No persons other than the employees of the Contractor shall be allowed on the Site

except with the consent of the Procurement Committee.

Facilities to inspect the Works shall at all times be afforded by the Contractor to the

Procurement Committee, the Employer's representatives, authorities and officials.

7.8 Information for Import Permits and Licenses

The Contractor shall submit to the Employer in good time such details of all Goods /

Equipment to be imported into Pakistan.

7.9 Compliance with Statutes, Regulations

The Contractor shall, in all matters arising in the performance of the Contract, comply

in all respects with, give all notices and pay all fees required by the provisions of any

National or State Statute, Ordinance or other law or any Regulation or Bye-law of any

duly constituted authority.

7.10 Compliance with Laws

The Contractor shall comply with the laws of Pakistan where the Goods are to be

installed / fixed.

7.11 Photographs of Works and Advertisement Prohibited

Except with the prior written authorization of the Employer, the Contractor shall not

exhibit or permit to be exhibited and Photographs or advertisement on the Works.

Obligations of the Employer

8.1 Access to and Possession of the Site

The Employer shall in reasonable time grant the Contractor access to and possession

of the Site, which may, however, not be exclusive to the Contractor.

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8.2 Consents and Way leaves

The Employer shall in due time obtain or grant all consents including permits-to-work,

way leaves and approvals required for the Works.

8.3 Import Permits and Licenses

The Employer shall issue permissions, letters, certificates and provide such other

assistance to the Contractor for his obtaining permits-to-work, way leaves and

approvals from any other department / authority and right of way from private owners,

if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.

8.4 Records of Safety and Health

The Contractor shall maintain such records and make such reports concerning safety,

health and welfare of persons and damage to property as the Procurement Committee

may from time to time prescribe.

8.5 Reporting of Accidents

The Contractor shall report to the Procurement Committee details of any accident as

soon as possible after its occurrence. In the case of any fatality or serious accident,

the Contractor shall, in addition to appropriate action required under the law, notify the

Procurement Committee immediately by the quickest available means.

9.1 Sample Testing

Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee shall inspect, examine and test a sample of each item of Goods

/ Materials (Sports items) to be supplied under the Contract. The supply and installation

of all Goods shall be subject to the approval of sample by the said Committee.

9.2 Inspection and Testing During Installation

The Procurement Committee shall be entitled during installation / fixation to inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. This shall take place on the Contractor's

premises during working hours.

No such inspection, examination or testing shall release the Contractor from any

obligation under the Contract.

9.3 Independent Inspection

Verification Committee of Sports Board Punjab, during installation, may inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. For this purpose, such independent

inspection shall be considered as Procurement Committee’s inspection.

The inspection and testing of the materials supplied / installed under the Contract shall

be carried out by the Procurement Committee which shall, after satisfaction, issue the

Certificate of Receipt.

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9.4 Date for Inspection and Testing

The Procurement Committee or Verification Committee shall give the Contractor 24

hours notice of his intention to attend the inspection / tests. The Contractor shall

provide such assistance, labour materials, electricity, fuel, stores, apparatus and

instruments as may be necessary to carry out the inspection / tests efficiently.

10.1 Rejection

If, as a result of the inspection, examination or testing as referred in the above stated

Clause, the Procurement Committee or Verification Committee of the Sports Board

Punjab decides that any Goods is defective or otherwise not in accordance with the

Contract, it may reject such Goods and shall notify the Contractor thereof immediately.

The notice shall state the Procurement Committee’s or Verification Committee’s

objections with reasons.

The Contractor shall then with all speed make good the defect or ensure that any

rejected Goods complies with the Contract.

If the Procurement Committee or Verification Committee requires such Goods to be

retested, the tests shall be repeated under the same terms and conditions. All costs

incurred by the Employer by the repetition of the tests shall be deducted from the

Contract Price.

Suspension of Works or Delivery

11.1 Order to Suspend

The Procurement Committee or the Employer may at any time instruct the Contractor to:

(a) Suspend progress of the Works, or

(b) Suspend delivery of Goods or Contractor's Equipment which is ready for

delivery to the Site at the time for delivery or if no time is specified, at the time

appropriate for it to be delivered, or

(c) Suspend the installation of Goods which has been delivered to the Site.

When the Contractor is prevented from delivering or installing Goods, it shall be

deemed that Procurement Committee or the Employer has instructed a suspension,

except when such prevention is caused by the Contractor's default.

The Contractor shall, during suspension period, protect and secure the Works or

Goods at the Site, as the case may be, against any deterioration, loss or damage.

11.2 Cost of Suspension

The additional cost incurred by the Contractor in protection, securing and insuring the

Works or Goods and in following the Procurement Committee’s or Verification

Committee’s instructions and in resumption of the work, shall be added to the Contract

Price. Such additional cost shall be determined by the Procurement Committee and

approved by the Employer.

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The Contractor shall not be entitled to be paid any additional costs if such suspension

is necessary by reason of a default on the part of the Contractor.

The Contractor shall not be entitled to additional costs unless he notifies the

Procurement Committee or Employer of his intention to make such claim, within twenty

eight (28) days after receipt of the order to suspend progress or delivery or installation.

11.3 Payment in Event of Suspension

The Contractor shall be entitled to payment for Goods which has not been delivered to

Site if the work on Goods or delivery of Goods has been suspended for more than

twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall

be entitled to payment of the value as determined by the Procurement Committee.

A Certificate of payment shall be issued on condition that:

(a) The Contractor has marked the Goods as the Employer's property in

accordance with the Procurement Committee’s instructions, and

(b) The suspension is not due to the Contractor's default.

11.4 Prolonged Suspension

If suspension under above Clause, has continued for more than eighty four (84) days,

and the suspension is not due to the Contractor's default, the Contractor may, by notice

to the Procurement Committee or the Employer, require permission to proceed within

twenty eight (28) days.

If permission is not granted within that time, the Contractor may treat the suspension

as an omission under the Conditions of Contract or if the suspension affects the whole

of the Works, terminate the Contract.

11.5 Resumption of Work

If the Contractor chooses not to treat prolonged suspension as an omission or

termination under the Conditions of Contract, the Employer shall upon the request of

the Contractor, take over the responsibility for protection, storage, security and

insurance of the suspended Works and of the Goods which has been delivered to the

Site, and risk of loss or damage thereto shall thereupon pass to the Employer.

After receipt of permission or an order to proceed, the Contractor, shall after due notice

to the Procurement Committee, examine the Works and the Goods affected by the

suspension. The Contractor shall make good any deterioration or defect in or loss of

the Works or Goods that may have occurred during the suspension. Cost properly

incurred by the Contractor which would not have been incurred but for the suspension

shall be added to the Contract Price.

The Contractor shall not be entitled to payment for costs incurred in making good any

deterioration, defect or loss caused by faulty workmanship or materials or by the

Contractor's failure to take the measures for protecting and securing the Works or

Goods during suspension.

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Completion

12.1 Time for Completion

The Works (Supply and Installation of Goods) at the specified place of the work

mentioned in the Conditions of Contract / Bidding Documents shall be completed,

tested and commissioned within the stipulated period mentioned in Conditions of

Contract / Bidding Documents.

12.2 Extension of Time for Completion

The Contractor may claim an extension of the Time for Completion if he is or will be

delayed in completing the Works by any of the following causes:

(a) Extra or additional work ordered in writing under Conditions of Contract,

(b) Exceptional adverse weather conditions,

(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,

(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,

(e) The failure of the Employer to fulfill any of his obligations under the Contract,

(f) Delay by any other contractor engaged by the Employer,

(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,

(h) Force Majeure.

The Contractor shall give to the Employer or Procurement Committee notice of his

intention to make a claim for an extension of time within fourteen (14) days of the

circumstances for such a claim becoming known to the Contractor. The notice shall be

followed as soon as possible by the claim with full supporting details.

The Employer or the Procurement Committee, after due consultation with the

Employer, shall grant the Contractor from time to time, either prospectively or

retrospectively, such extension of Time for Completions as may be justified. In case of

time extension by Procurement Committee, it shall notify the Employer and the

Contractor accordingly.

The Contractor shall be entitled to such extension whether the delay occurs before or

after the Time for Completion.

12.3 Delay in Completion

If the Contractor fails to deliver the Works or any part thereof, within the stipulated time

period under the Conditions of Contract or fails to complete the whole of the Work, or,

if applicable, any Section thereof within the relevant time prescribed by Conditions of

Contract, then the Contractor shall pay to the Employer the relevant sum stated herein

below as liquidated damages for such default (which sum shall be the only moneys

due from the Contractor for such default) for every day or part of a day which shall

elapse between the relevant time for Delivery or Time for Completion and the actual

date of delivery at site or the date stated in a Receipt Certificate of the whole of the

Works or the relevant Section, as the case may be, subject to the applicable limit stated

herein below.

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The Employer may deduct the amount of such damages from any monies due or to

become due to the Contractor. The payment or deduction of such damages shall not

relieve the Contractor from his obligation to complete the Works, or from any other of

his obligations and liabilities under the Contract.

The liquidated damages for each day of delay and the maximum amount of liquidated

damages shall be the amounts mentioned in the Special Conditions of Contract

(Special Stipulations).

Taking Over

13.1 Taking Over

The Works shall be deemed “taken over by the Employer” when they have been

completed in accordance with the Contract, have passed the Inspection Tests on

Completion, Procurement Committee has issued the Inspection Certificate and a

Receipt Certificate has been issued or deemed to have been issued in accordance

with Conditions of Contract.

13.2 Receipt Certificate

The Contractor may apply by notice to the Procurement Committee for a Receipt

Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's

opinion, be complete and ready for taking over.

The Procurement Committee shall within twenty eight (28) days after the receipt of the

Contractor's application either:

(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance

Committee stating the date on which the Works were complete and ready for

taking over, or

(b) Reject the application giving his reasons and specifying the work required to

be done by the Contractor to enable the Receipt Certificate to be issued.

If the Procurement Committee fails either to issue the Receipt Certificate or to reject

the Contractor's application within the period of twenty eight (28) days, the Contractor

shall give notice to the Employer. In case no action is taken by the Employer to issue

the Receipt Certificate or reject the Contractor’s application within the period of twenty

eight (28) days, it shall be deemed that Procurement Committee has issued the

Receipt Certificate on the last day of Contractor’s notice time period before the

Employer.

Defects after Taking Over

14.1 Defects Liability Period

Defects Liability Period shall be as mentioned in the Special Conditions of Contract

(Special Stipulations). The Contractor shall be responsible of making good any defect

in or damage to any part of the Goods / Installation of Goods which may appear or

occur during the Defects Liability Period and which arises from, either:

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(a) Any defective equipment, materials, workmanship or design, or

(b) Any act or omission of the Contractor during the Defects Liability Period.

The Contractor shall make good the Defects or damage as soon as practicable and at

his own cost.

14.2 Notice of Defects

If any such defect appears or damage occurs, the Employer or the Procurement

Committee shall forthwith notify the Contractor thereof.

14.3 Extension of Defects Liability Period

The provision of this Clause shall apply to all replacements or renewals carried out by

the Contractor as if the replacements and renewals had been taken over on the date

they were completed.

The Defects Liability Period for the Works shall be extended by a period equal to the

period during which the Works cannot be used by reason of a defect or damage. If only

part of the Works cannot be used by reason of a defect, the Defect Liability Period shall

be extended only for that part.

In neither case shall the Defects Liability Period be extended by further more than one

year.

When installation or delivery of Goods has been suspended under the Conditions of

Contract, the Contractor's obligations under this Clause shall not apply to any defects

occurring more than three years after it would have been delivered but for the

suspension or such period as may be mutually agreed period.

14.4 Failure to Remedy Defects

If the Contractor fails to remedy a defect or damage within a reasonable time fixed by

the Procurement Committee, the Employer may fix a final time for remedying the defect

or damage.

If the Contractor fails to do so, the Employer may:

(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or

(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or

(c) If the defect or damage is such that the Employer has been deprived of

substantially the whole of the benefit of the Works (supply and installation of

Goods) or a part thereof, he may terminate the Contract in respect of such parts

of the Works as cannot be put to the intended use. The Employer shall to the

exclusion of any remedy under the Conditions of Contract be entitled to recover

all sums paid in respect of such parts of the Works together with the cost of

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dismantling the same, clearing the Site and returning Goods to the Contractor

or otherwise disposing of it in accordance with the Contractor's instructions.

14.5 Removal of Defective Work

If the defect of damage is such that repairs cannot be expeditiously carried out on the

Site, the Contractor may with the consent of the Procurement Committee or the

Employer remove from the Site for the purposes of repair any part of the Goods /

Equipment which is defective or damaged.

14.6 Right of Access

Until the Final Payment has been made, the Contractor shall have the right of access

to all parts of the Works and to records of the working and performance of the Works.

14.7 Guarantee / Warranty Period

When the Guarantee / Warrantee Period for the Goods or any part thereof has expired

and the Contractor has fulfilled all his obligations under the Contract, Procurement

Committee shall issue within twenty eight (28) days to the Employer and the Contractor

a Guarantee / Warranty Relieving Certificate to that effect.

Variations

15.1 Employer and Procurement Committee’s Right to Vary

The Employer or Procurement Committee may, by Variation Order to the Contractor

at any time before the Works are taken over, instruct the Contractor to alter, amend,

omit, add to or otherwise vary any part of the Works (supply and installation of Goods).

The Contractor shall not vary or alter any of the Works, except in accordance with a

Variation Order from the Employer or Procurement Committee.

15.2 Variation Order Procedure

Prior to any Variation Order under Clause referred to above, the Employer or

Procurement Committee, as the case may be, shall notify the Contractor of the nature

and form of such variation.

Following the receipt of the Contractor's submission, the Procurement Committee

shall, after due consultation with the Employer and the Contractor, decide as soon as

possible whether or not the variation shall be carried out.

If the Procurement Committee decides that the variation shall be carried out, he shall

issue a Variation Order clearly identified as such in accordance with the Contractor's

submission or as modified by agreement.

15.3 Contractor to Proceed

On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the

variation and be bound to these Conditions in so doing as if such variation was stated

in the Contract. The delivery time may be extended by mutual consent of the parties,

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as a result of Variation Order. The work shall not be delayed pending the granting of

an extension of the Time for Completion.

Ownership of Goods

16.1 Ownership of Goods

Goods (Equipment) to be supplied pursuant to the Contract shall become the property

of the Employer at the time whichever is the earlier of the following times:

(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled

to payment of the value of the Goods.

Certificates and Payment

17.1 Terms of Payment

The terms of payment shall be as stated in the Form of Contract Agreement.

17.2 Method of Application

The Contractor shall submit to the Finance Committee of Directorate General Sports /

Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in

such form as the Finance Committee may from time to time prescribe.

The Finance Committee shall examine such Invoices within fourteen (14) days after

receiving Invoices. If the invoice amount is not accepted by the Finance Committee,

the disputed amount which is retained, shall be communicated, giving the reasons in

writing, to the Contractor within the same time.

17.3 Corrections to Invoices of Payment

The Finance Committee may in any invoice of payment make any correction or

modification that should properly be made in respect of any previous invoice.

17.4 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any

condition of Contract, be paid by the Employer to the Contractor by verifying the

payment within thirty (30) days of the receipt of such invoice. In case of the Final

Payment, it shall be paid by verifying the payment within sixty (60) days after receipt

of Final Bill / Invoice from the Contractor.

Deduction shall be made from the net amounts payable to the Contractor of any sum(s)

in accordance with the prevalent Federal and / or Provincial laws, provided that no

such deduction shall be made from those payments in respect of which the Contractor

has obtained exemption under the Law.

17.5 Withholding of Payment

If the Works or any parts thereof are not being carried out to the Procurement

Committee’s satisfaction and in order to protect the Employer from loss on account of:

62

(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the

Government

The Finance Committee may notify withholding of such payments or part thereof as

may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons

/ grounds for withholding the payment are removed by the Contractor, the Finance

Committee shall upon being satisfied to that effect release payment.

17.6 Invoices and Receipts

The Contractor shall, when required by the Employer / Finance Committee, produce

quotations, invoices, vouchers and accounts or receipts in connection with expenditure

in respect of Provisional Sums.

Risk and Responsibility

18.1 Allocation of Risk and Responsibility

The Risks of loss or damage to physical property and of death and personal injury

which arise in consequence of the performance of the Contract shall be allocated

between the Employer and the Contractor as follows:

(a) The Employer: the Employer’s Risks as specified herein below.

(b) The Contractor: the Contractor's Risks as specified herein below.

18.2 Employer's Risks

“The Employer's Risks are:

(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;

(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;

(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.

(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.

18.3 Contractor's Risks

The Contractor's Risks are all risks other than those identified as the Employer's Risks.

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18.4 Contractor's Responsibility for the Care of the Works

The Contractor shall be responsible for the care of the Works / Goods or any Section

thereof from the Commencement until the Delivery Date (issuing date of Certificate of

Receipt) applicable thereto under the Conditions of Contract.

The Contractor shall also be responsible for the care of any part of the Works / Goods

upon which any outstanding work is being performed by the Contractor during the

Defects Liability Period until completion of such outstanding work.

18.5 Risk Transfer Date

The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a

Section thereof is the earliest of either:

(a) The date of issue of the Receipt Certificate, or

(b) The date of expiry of the notice of termination when the Contract is terminated

by the Employer or the Contractor in accordance with these Conditions.

18.6 Loss or Damage before Risk Transfer Date

Loss of or damage to the Works (Supply and Installation of Goods) or any Section

thereof occurring before the Risk Transfer Date shall:

(a) To the extent caused by any of the Contractor's Risks, be made good forthwith

by the Contractor at his own cost, and

(b) To the extent caused by any of the Employer's Risks, be made good by the

Contractor at the Employer's expense if so required by the Procurement

Committee within twenty eight (28) days after the occurrence of the loss or

damage. The price for making good such loss and damage shall be in all

circumstances reasonable and shall be agreed by the Procurement Committee

and the Contractor, or in the absence of agreement, shall be fixed by

Procurement Committee in consultation and approval of the Employer.

18.7 Loss or Damage after Risk Transfer Date

After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage

to any part of the Works shall, except in the case of Gross Misconduct, be limited:

(a) To the fulfillment of the Contractor's obligations under the Conditions of

Contract in respect of defects therein, and

(b) To making good forthwith loss or damage caused by the Contractor during the

Defects Liability Period.

Damage to Property and Injury to Persons

19.1 Contractor's Liability

Except as provided under Clause referred to above, the Contractor shall be liable for

and shall indemnify the Employer against all losses, expenses and claims in respect

of any loss of or damage to physical property (other than the Works), death or personal

64

injury occurring before the issue of the last Defects Liability Certificate to the extent

caused by:

(a) Defective design, material or workmanship of the Contractor, or

(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.

19.2 Employer's Liability

The Employer shall be liable for and shall indemnify the Contractor against all losses,

expenses or claims in respect of loss of or damage to any physical property or of death

or personal injury whenever occurring, to the extent caused by any of the Employer's

Risks.

19.3 Accidents

The Contractor shall be liable for and shall indemnify the Employer against all losses,

expenses or claims arising in connection with the death of or injury to any person

employed by the Contractor for the purposes of the Works (Supply and Installation of

Goods), unless caused by any acts or defaults of the Employer, or other contractors

engaged by the Employer or by their respective employees or agents. In the later

cases, the Employer shall be liable for and shall indemnify the Contractor against all

losses, expenses and claims arising in connection therewith.

Force Majeure

20.1 Definition of Force Majeure

Force Majeure means any circumstances beyond the control of the parties, including

but not limited to:

(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,

(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,

(c) Rebellion, revolution, insurrection, military or usurped power and civil war,

(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.

20.2 Effect of Force Majeure

Neither party shall be considered to be in default or in breach of his obligations under

the Contract to the extent that performance of such obligations is prevented by any

circumstances of Force Majeure which arise after the date of the Letter of Acceptance

(Work Order) or the date when the Contract becomes effective, whichever is the

earlier.

20.3 Notice of Occurrence

If either party considers that any circumstances of Force Majeure have occurred which

may affect performance of his obligations he shall promptly notify the other party and

the Procurement Committee thereof.

65

20.4 Performance to Continue

Upon the occurrence of any circumstances of Force Majeure, the Contractor shall

endeavour to continue to perform his obligations under the Contract so far as

reasonably practicable. The Contractor shall notify the Procurement Committee of the

steps he proposes to take including any reasonable alternative means for performance

which is not prevented by Force Majeure. The Contractor shall not take any such steps

unless directed so to do by the Procurement Committee.

20.5 Payment on Termination for Force Majeure

If the Contract is terminated under above referred Clause, the Contractor shall be paid

the value of the work done.

Default

21.1 Notice of Default

If the Contractor is not executing the Works in accordance with the Contract or is

neglecting to perform his obligations there under so as seriously to affect the carrying

out of the Works, the Employer or Procurement Committee may give notice to the

Contractor requiring him to make good such failure or neglect.

21.2 Contractor's Default

If the Contractor:

(a) Has failed to comply within a reasonable time with a notice under Clause

referred to above, or

(b) Assigns the Contract or subcontracts the Works without the Employer's written

consent, or

(c) Becomes bankrupt or insolvent, has a receiving order made against him or

compounds with his creditors, or carries on business under a receiver, trustee

or manager for the benefit of his creditors or goes into liquidation.

The Employer may, after having given seven (7) days notice to the Contractor,

terminate the Contract and expel the Contractor from the Site.

Any such expulsion and termination shall be without prejudice to any other rights or

powers of the Employer or Procurement Committee under the Contract.

The Employer may upon such termination complete the Works (supply and installation

of Goods) himself or by any other contractor, at the risk & cost of the Contractor.

21.3 Payment after Termination

The Employer shall not be liable to make any further payments to the Contractor until

the Works have been completed. When the works are so complete, the Employers

shall be entitled to recover from the Contractor the extra costs, if any, of completing

the Works. The contractor shall be allowed only such sum for the value of Works done

by him prior to termination of contract and certified by the Procurement Committee.

66

Customs / Import Duties and Other Taxation

22.1 Customs / Import Duties and other Taxation

The Contractor shall pay all customs, import duties and taxes in consequence of the

importation of Goods. The rates and prices quoted by the Contractor in the Financial

Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,

Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well

as fees charge for services provided under this Contract. The taxation is leviable as

per Income Tax Laws issued by the Government of Pakistan and applicable laws of

the Country.

22.2 Clearance through Customs

The Contractor shall be responsible for clearance of all Goods to be supplied under

the Contract. However, the Employer may assist the Contractor in obtaining clearance

through the customs of Goods.

Notices

23.1 Notices to Contractor

All certificates, notices or written orders to be given to the Contractor by the Employer

or the Procurement Committee under these Conditions shall be sent by either of the

means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's

principal place of business or such other address as the Contractor shall nominate for

that purpose, or may be handed over to the Contractor's representative.

23.2 Notice to Employer and Procurement Committee or Finance Committee or

Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee

Any notice to be given to the Employer or to the Procurement Committee / Finance

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee under these Conditions shall be sent by Airmail Post, Courier Service, or

to be delivered & got received at the respective addresses nominated for that purpose

by the Employer in the Form of Contract.

23.3 Minutes of Meetings

Instructions or notices from the Employer to the Contractor and notices from the

Contractor to the Employer recorded in a minute or protocol signed by the authorized

representatives of the giver and recipient of such notice or instruction shall be valid

notice or instruction for the purposes of the Contract.

Disputes and Arbitration

24.1 If a dispute of any kind whatsoever arises between the Employer and the Contractor

in connection with, or arising out of, the Contract or the execution of the Works, whether

during the execution of the Works or after their completion and whether before or after

repudiation or other termination of the Contract, including any dispute as to any

opinion, instruction, determination, certificate or valuation of the Procurement

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

67

Committee / Finance Committee, the matter in dispute shall, in the first place, be

referred in writing to the Verification Committee, with a copy to the other party. Such

reference shall state that it is made pursuant to this Clause. No later than the fifty sixth

(56) day after the day on which he received such reference, the Verification Committee

shall give notice of his decision to the Employer and the Contractor. Such decision

shall state that it is made pursuant to this Clause.

Unless the Contract has already been repudiated or terminated, the Contractor shall,

in every case, continue to proceed with the Work with all due diligence, and the

Contractor and the Employer shall give effect forthwith to every such decision of the

Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee or Finance Committee unless and until the same shall be

revised, as hereinafter provided in an amicable settlement or in an arbitral award.

In any case where the Conditions of Contract provide that the decision of the

Verification Committee is to be final and conclusive, such decision shall not be

referable to arbitration under this Clause nor shall the same be questioned in any other

form of proceedings whatsoever.

24.2 If either the Employer or the Contractor be dissatisfied with a decision of the

Verification Committee or if the Verification Committee fails to give notice of his

decision on or before the fifty sixth (56) day after the day on which he received the

reference, then either the Employer or the Contractor may, on or before the twenty

eighth (28) day after the day on which the said period of fifty six (56) days expired, as

the case may be, give notice to the other party to commence arbitration, as hereinafter

provided, as to the matter in dispute. Such notice shall establish the entitlement of the

party giving the same to commence arbitration, under the provisions of Arbitration Act,

1940, as to such dispute and, subject to Clause referred to above, no arbitration in

respect thereof may be commenced unless such notice is given.

If the Verification Committee has given notice of his decision as to a matter in dispute

to the Employer and the Contractor and no notification of intention to commence

arbitration as to such dispute has been given by either the Employer or the Contractor

on or before the twenty eighth (28) day after the day on which the parties received

notice as to such decision from the Verification Committee, the said decision shall

become final and binding upon the Employer and the Contractor.

24.3 Where notice of intention to commence arbitration as to a dispute has been given in

accordance with Clause referred to above, arbitration of such dispute shall not be

commenced unless an attempt has first been made by the parties to settle such dispute

amicably through mutual negotiation within ninety (90) days from the date of

notification of Verification Committee’s decision.

Law and Procedure

25.1 Applicable Law

The law which is to apply to the Contract and under which the Contract is to be

construed is the laws of Islamic Republic of Pakistan.

68

25.2 Details to be Confidential

The Contractor shall treat the details of the Contract as private and confidential and

shall not publish or disclose the same or any particulars thereof in any trade or

technical paper or elsewhere without the prior consent in writing of the Employer. If

any dispute arises as to the necessity of any publication or disclosure for the purpose

of the Contract, the decision of Employer shall be final.

69

SPECIAL CONDITIONS OF CONTRACT

(SPECIAL STIPULATIONS)

1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).

2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).

3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).

4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).

5. Defects Liability Period 90 days from the effective date of Receipt Certificate.

6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)

5% of Contract Price stated in the Letter of Acceptance (Work Order).

7. Payment Schedule On Supply of Partial or Complete consignment under the contract agreement.

8. Currency of Payment Pak Rupees.

9. Guarantee / Warranty Period 03 years from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).

70

SECTION - 5

SPECIFICATIONS AND PERFORMANCE CRITERIA

FOR SUPPLY OF GYM / SPORTS EQUIPMENT

71

SPECIFICATIONS OF GYM / SPORTS EQUIPMENT.

a. The specifications given in Technical and Financial

Proposals subject to any modification by the Employer, shall

be strictly adhered to by the Bidder.

b. Brand Name, Company Name and Specifications of the

offered Goods should be clearly mentioned.

72

SECTION-6

LIST OF GOODS / SERVICES (BILL OF QUANTITIES)

FOR SUPPLY OF GYM / SPORTS EQUIPMENT

73

LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF GYM / SPORTS EQUIPMENT

• The quantity of Gym / Sports Equipment is required for the following 2 sites:-

i. Tehsil Level Gymnasium at Chak Jhumra, District Faisalabad,

ii. Tehsil Level Gymnasiums at Jarranwala, District Faisalabad

• The quantity required for each site is as under:-

Sr. #

Item Description Quantity for One Site

1. Seated Chest Press (Minimum 80 Kg) 1

2. Seated Side latral Rases (Minimum 60 Kg)

1

3. Pull Down (Minimum 80 Kg)

1

4. Leg Extension (Minimum 80 Kg)

1

5. Lower Back (Minimum 80 Kg)

1

6. Butterfly (Minimum 80 Kg)

1

7. Raer Butterfly (Minimum 80 Kg)

1

8. Seated Leg Curl (Minimum 80 Kg)

1

9. Seated Row (Minimum 80 Kg)

1

10. Shoulder Press (Minimum 80 Kg)

1

11. Smith Machine 1

12. Cable Crossover (Minimum 120 Kg)

1

13. Leg Curl (Minimum 80 Kg)

1

14. Adjustable Functional Trainer (Minimum 120 Kg)

1

15. Power State Bench 1

16. Power Incline Bench 1

17. Seated Bench Press (Minimum 80 Kg)

1

18. Four Station (Minimum 380 Kg)

1

19. Seated Tricep (Minimum 60 Kg)

1

74

Sr. #

Item Description Quantity for One Site

20. Seated Bicep (Minimum 60 Kg)

1

21. Squated Stand 1

22. Pullover (Minimum 80 Kg)

1

23. 45-Degree Leg Press 1

24. Rotary Abdominal (Minimum 60 Kg)

1

25. Flat Bench 3

26.

Cardio Equipment

i. Treadmill (Imported) 2

ii. Elliptical Trainer (Imported) 2

iii. Cumbert Bike (Imported) 2

iv. Re-Cumbert Bike (Imported) 2

v. Rowers (Imported) 1

27. Plate Tree 1

28. Olympic Plates Rubber Coated

5kg :10 Nos 10kg: 8 Nos 15kg: 6 Nos 20kg: 6 Nos. Total: 340 Kg

29. Olympic Bar (Imported) 2

30. Curling Bar (Imported) 2

31. Dumbbells Rubber Coated

2.5kg (1 Pair), 17.5kg (1 Pair) 5kg (1 Pair), 20kg (1 Pair) 7.5kg (1 Pair), 22.5kg (1 Pair) 10kg (1 Pair), 25kg (1 Pair) 12.5kg (1 Pair), 27.5kg (1 pair ) 15kg (1 Pair), 30kg (1 pair)

Total: 390 Kg

32. Dumbbell Rack 1

75

B. Sports Equipment

Sr. #

Item Description Quantity

1. Wrestling Mat (Imported) 1

2. Judo / Ju-Jitsu (Imported) 1

3. Karate Mat (Imported) 1

4. Taekwondo (Imported) 1

5. Wushu Mat (Imported) 1

6. Hydraulic Basket Ball Polls (Imported)

1 Pair

7. Table Tennis Donic with Net (Germany / USA / Western Europe Countries)

1 Complete Set

8. Handball Goal Post (Imported) 1 Pair

9. Volleyball Polls with Net (Imported) 2 Pairs

10. Badminton Polls with Net (Imported)

2 Pairs

(Note: Procurement Committee will have the right to delete any item or to

enhance or decrease the quantity of any item of procurement).

76

SECTION - 7

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

FOR SUPPLY OF GYM / SPORTS EQUIPMENT

77

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

SUPPLY OF GYM / SPORTS EQUIPMENT

1 Delivery Time: (Time of Completion)

Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.

2 Completion Schedule:

(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.

78

SECTION - 8

ESTIMATED COST

FOR SUPPLY OF GYM / SPORTS EQUIPMENT

79

ESTIMATED COST

FOR SUPPLY OF GYM / SPORTS EQUIPMENT

Sr. No.

Description of Goods Estimated Cost for 1

Site

Total Estimated Cost for 2 Sites

1. Gym / Sports Equipment 15,925,415 ,83085031,

NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security

(2% of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the total Estimated

Cost.

3. Financial Proposal (Bid) of a Bidder shall be considered responsive and acceptable only if 2% Bid Security of Total Estimated Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.

80

SECTION -9

EVALUATION CRITERIA

81

SPORTS BOARD PUNJAB

LAHORE

EVALUATION CRITERIA

SUPPLY OF GYM / SPORTS EQUIPMENT

Technical Proposal shall be evaluated as per Evaluation Criteria

described in these Bidding Documents.

Financial Proposals of only responsive Bidders shall be opened and

evaluated. The Financial Proposal shall be assessed/ evaluated on

the basis of Lowest Evaluated Bid of each item of procurement.

82

SECTION - 10

FORMAT OF SECURITIES REQUIRED

83

INDEMNITY BOND FOR GUARANTEED PERFORMANCE

(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of Gym / Sports Equipment on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:

for………………………………… (Signature with Name and Designation)

(Indemnifier) Firm / Company Seal

Witness: 1………………………………….………..…… Signature with Name, Designation & Address.

2………………………………….………..…… Signature with Name, Designation & Address.

84

SECTION - 11

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS (EQUIPMENT)

85

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS.

All Terms and Conditions along with Specifications of Tender Documents

(Bidding Documents) shall be applicable in assessing the quality of

supplied Goods (Equipment).

1

SPORTS BOARD PUNJAB LAHORE

SUPPLY OF FURNITURE ITEMS

TEHSIL LEVEL GYMNASIUMS AT

1. Chak Jhumra (District Faisalabad)

2. Jarranwala (District Faisalabad)

3. Shor Kot (District Jhang)

4. Hasilpur (District Bahawalpur)

5. Haroonabaad (District Bahawalnagar).

(DIRECTORATE GENERAL SPORTS /

SPORTS BOARD PUNJAB)

January 2020

TENDER DOCUMENTS

(BIDDING DOCUMENTS)

2

SECTION-1

INVITATION

TO BID

3

SECTION 1: INVITATION TO BID

Date: 23.01.2020

1. “Employer” The Director General / Secretary Sports Board Punjab, National

Hockey Stadium, Ferozepur Road, Lahore.

2. The Employer invites sealed bids from the interested Firms / Companies /

Institutions for Supply of Furniture Items.

3. The procurement procedure adopted will be “Single stage Two envelops” as

prescribed under the PPRA Rules, 2014.

4. The Bid shall be a single package consisting of two sealed envelopes,

containing the Technical Proposal and Financial Proposal, for each of the Item

procurement.

5. The above referred envelops shall be clearly marked as Technical Proposal

and Financial Proposal followed by the name of assignment / procurement and

properly sealed. This outer envelope shall be sealed bear the submission

address and title of the assignment.

6. Bidders may obtain further information from, inspect at and acquire the Bidding

Document from the office of Deputy Director (Planning), office of Directorate

General Sports Punjab, Lahore Ph. # 042-99232504.

7. A complete set of Tender Document (Bidding Document) may be obtained by

Interested Bidder on submission of a written request along-with cash deposit of

Rs. 2,000/- to the above office, by or before 20th February, 2020 at 02:00 pm.

8. All Bids / Financial Proposals must be accomplished by earnest money (Bid

Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a

Scheduled Bank in Pakistan / Guarantee issued by an Insurance Company

having at least AA rating from PACRA / JCR for an amount of 2% of the

Estimated Cost referred hereinafter in the Bidding Documents for the

category of Furniture Items in favour of “Director General / Secretary Sports

Board Punjab, Lahore”.

9. Tender Document (Bidding Documents) include the following:-

Section 1: Invitation to Bid.

Section 2: Instructions to Bidders (including Special Instructions).

Section 3: Technical and Financial Proposals-Standard Form for Supply of Furniture Items.

Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.

4

Section 5: Specifications and Performance Criteria

Section 6: List of Goods / Services (Bill of Quantities)

Section 7: Delivery time / Completion Schedule

Section 8: Estimated Cost.

Section 9: Evaluation Criteria

Section 10: Format of Securities required

Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.

10. It is mandatory for Tender Document (Bidding Documents) to be made by using

the Standard Forms of these Documents. The Technical and Financial

Proposals that are not in the prescribed format may be discarded. If any

information required in the Forms is found missing or written elsewhere, no

credit will be given in the relevant section of the evaluation.

11. The Bidder must sign and affix Firm / Company stamp on each page of the

Tender Document (Bidding Documents)

12. Tender Document (Bidding Documents) are required to be brought in person or

by the authorized representative of the Bidder on or before

21st February, 2020 at 11:45 am positively in the office of Director Sports

Punjab, National Hockey Stadium, Ferozepur Road, Lahore.

13. The Bids (Technical Proposal) will be opened on the same day i.e.

21st February, 2020 at 12:15 pm, in the presence of Representatives of

Firms / Companies / Institutions who choose to attend the same address.

14. Financial Bids of only those bidders shall be opened which have been found

responsive as a result of assessment / evaluation of Technical Proposals.

5

SECTION-2

INSTRUCTIONS TO BIDDERS

(a) GENERAL INSTRUCTIONS

(b) SPECIAL INSTRUCTIONS

6

(c) GENERAL INSTRUCTIONS

7

INSTRUCTIONS TO BIDDERS AND APPENDICES

(A) GENERAL

IB.1 Scope of Bid and Source of Funds

1.2 Scope of Bid

Director General / Secretary Sports Board Punjab (hereinafter called the

“Employer”) wishes to receive Request for Proposals (Bids) for the scope of

Goods and Services which include, but shall not be limited to Supply of

Furniture Items.

A detailed scope of procurement (supply of goods) has been described

elsewhere in these documents. The successful Bidder will be expected to

supply & install the required goods / services and complete the Work within

the stipulated period (Described in Section “Delivery Time / Completion

Schedule” of the Bidding Documents) after receipt of the Letter of

Acceptance (Work Order) by the successful Bidder, as specified in these

Bidding Documents.

1.2 Source of Funds

The Employer has received funds from the Government of the Punjab and it is

intended that part of the proceeds of the funds will be applied to eligible

payments under the Contract for which these Bidding Documents are issued.

IB.2 Eligible Bidders

2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the

prescribed requirement / criteria mentioned in the Tender Notice and in this

Biding Documents after wide publication in daily newspapers and PPRA

website. Financial Proposals of only those Bidders shall be opened

(considered) who have been found eligible (responsive) as per mandatory

requirement / criteria as a result of assessment of Technical Proposals.

IB.3 Eligible Goods and Services

3.1 All Goods (Equipment) to be supplied under this Contract shall be of renowned

Brand.

IB.4 Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and submission

of its Bid and the Employer will in no case be responsible or liable for those

costs, regardless of the conduct or outcome of the Bidding process.

(B) BIDDING DOCUMENTS

IB.5 Contents of Bidding Documents

5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to Bid”.

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IB.6 Clarification of Bidding Documents

6.2 A prospective Bidder requiring any clarification(s) in respect of the Bidding

Documents may notify the Employer in writing or by fax at the address as

provided under the Tender Notice (Invitation to Bid). Employer will examine the

request for clarification of the Bidding Documents which it receives not later

than three (3) days prior to the deadline for the submission of bids and if needed

will issue the clarification / amendment of the Bidding Documents (without

identifying the source of enquiry) to all prospective Bidders who have obtained

the Bidding Documents.

IB.7 Amendment of Bidding Documents

7.1 At any time prior to the deadline for submission of bids, the Employer may, for

any reason, whether at his own initiative or in response to a clarification

requested by a prospective Bidder, modify the Bidding Documents by issuing

addendum.

7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant to

Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders who

have obtained the Bidding Documents. Prospective Bidders shall be intimated

of such addendum through TCS, E-mail or by hand. The Bidder shall also

confirm in the Form of Bid that the information contained in such addenda have

been considered in preparing his Bid.

7.3 To afford prospective Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may at its discretion extend

the deadline for submission of Bids.

(C) PREPARATION OF BIDS

IB.8 Language of Bid

8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and

all correspondence and documents relating to the Bid, shall be written in the

English language, provided that if any printed literature furnished by the Bidder

is written in another language then it shall be accompanied by an English

translation of its pertinent passages in which case, for purposes of interpretation

of the Bid, the English translation shall govern.

IB.9 Documents Comprising the Bid

9.1 Tender Document (Bidding Documents) prepared by the Bidder shall comprise

the following components:

(a) Covering Letter

(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.

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(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.

(d) Bid Security furnished in accordance with these Instructions.

(e) Power of Attorney in accordance with these Instructions.

(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.

IB.10 Bid Prices

10.1 The Bidder shall fill up the Schedule of Prices attached to these documents

indicating the unit rates including the services to be performed under the

Contract. Prices on the Schedule of Prices shall be entered keeping in view the

instructions contained in the Preamble to the Schedule of Prices.

10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services

described in the Schedule of Prices. Items against which no rate or price is

entered by a Bidder will not be paid for by the Employer when executed and

shall be deemed covered by rates and prices for other items in the Schedule of

Prices.

10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by the

Bidder shall remain fixed during the Bidder’s performance of the Contract and

not subject to variation on any account. When the Bidders are required to quote

only fixed price(s), a Bid submitted with an adjustable price quotation will be

treated as non-responsive.

10.4 Any discount offered shall be valid for at least the period of validity of the Bid.

A discount valid for lesser period shall be considered null and void.

IB.11 Currencies of Bid

11.3 Prices shall be quoted in the currency of Pakistan (Pak rupees).

11.4 The currency of payment shall be in Pak Rupees.

IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding

Documents

12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility and

conformity to the Bidding Documents of all Goods and Services which Bidder

proposes to perform under the Contract.

12.2 The documentary evidence of the Goods / Services eligibility shall establish to

the Employer’s satisfaction. Such documentary evidence shall include the

documents / information as specifically required in the Tender Document

(Bidding Documents) Forms, the compliance thereof will only establish

Employer’s satisfaction under this Clause.

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12.3 The documentary evidence of the Goods and Services’ conformity to the

Bidding Documents shall also be required in the form of literature, drawings,

catalogues and data relating to the goods and services.

12.4 A clause-by-clause commentary on Biding requirements shall be provided with

the Bidding Documents, demonstrating the Goods and Service’s substantial

responsiveness to those Specifications or a statement of deviations and

exceptions to the provisions of the Technical Provisions as required in Bidding

Documents.

IB.13 Bid Security

13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount

of 2% of the estimated cost referred hereinafter for the category of

Furniture Items.

13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit at

Call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank in

Pakistan / Guarantee issued by an Insurance Company having at least AA

rating from PACRA / JCR in favour of the Employer valid for a period of twenty

eight (28) days beyond the bid validity date.

13.3 The Bid Security is required to protect the Employer against the risk of Bidder’s

conduct which would warrant the security’s forfeiture.

13.4 Any Bid not accompanied by an acceptable Bid Security shall be

considered by the Employer as non-responsive.

13.5 The Bid securities of unsuccessful Bidders will be returned upon award of

contract to the successful Bidder or on the expiry of validity of Bid Security

whichever is earlier.

13.6 The Bid Security of the successful Bidder will be returned when the Bidder has

furnished the required Performance Security. If required pursuant to the clauses

of these Instructions and signed the Contract Agreement if no performance

security is required, then the bid security shall be returned after the completion

of work under the Contract Agreement.

13.7 The Bid Security may be forfeited:

(a) If a Bidder withdraws his Bid during the period of Bid validity;

(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or

(c) In the case of a successful Bidder, if he fails to:

(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or

(ii) Sign the Contract Agreement, in accordance with the clauses herein below.

IB.14 Validity of Bids

14.1 Bids shall remain valid for 90 days after the date of Bid opening.

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14.2 In exceptional circumstances prior to expiry of original Bid validity period, the

Employer may request the Bidders to extend the period of validity for a specified

additional period which shall in no case be more than the original Bid validity

period. The request and the responses thereto shall be made in writing. A

Bidder may refuse the request without forfeiture of his Bid Security. A Bidder

agreeing to the request will be required to extend the validity of his Bid Security

for the period of such extension as agreed.

IB.15 Format and Signing of Bid

15.1 Bidders are particularly directed that the amount entered on the Form of Bid

shall be for performing the Contract strictly in accordance with the Bidding

Documents.

15.2 All Schedules to Bid are to be properly completed and signed.

15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto

except in filling up the blanks as directed. If any alteration is made or if these

instructions are not fully complied with, the Bid may be rejected.

15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the

documents comprising the bid as described under these Instructions and clearly

mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of discrepancy

between them, the original shall prevail.

15.5 The original and all copies of the Bid shall be typed or written in indelible ink

and shall be signed by a person or persons duly authorized to sign (in the case

of copies, Photostats are also acceptable). This shall be indicated by submitting

a written Power of Attorney authorizing the signatory of the Bidder to act for and

on behalf of the Bidder. All pages of the Bid and Schedules to Bid shall be

initialed and stamped by the person or persons signing the Bid.

15.6 The Bid shall contain no alterations, omissions or additions, except to comply

with instructions issued by the Employer, or as are necessary to correct errors

made by the Bidder, in which case such corrections shall be initialed by the

person or persons signing the Bid.

15.7 Bidders shall indicate in the space provided in the Form of Bid their full and

proper addresses at which Notices may be legally served on them and to which

all correspondence in connection with their Bids and the Contract is to be sent.

15.8 Bidders should retain a copy of the Bidding Documents as their file copy.

(D) SUBMISSION OF BIDS

IB.16 Sealing and Marking of Bids

16.1 Each Bidder shall submit his Bid as under:

(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.

(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.

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16.2 The inner and outer envelopes shall;

(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.

(b) Bear the Work Name and date of opening of Bid.

(c) Provide a warning not to open before the time and date for Bid opening.

16.3 The Bid shall be delivered in person or through an authorized representative or

sent by registered mail at the address to Employer as mentioned in the

Invitation to Bids.

16.4 In addition to the identification required in Sub-Clause referred 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 these

Instructions to Bidders.

16.5 If the outer envelope is not sealed and marked as above, the Employer will

assume no responsibility for the misplacement or premature opening of the Bid.

IB.17 Deadline for Submission of Bids

17.1 (a) Bids must be received by the Employer at the address specified in

Invitation for Bids not later than the time and date stipulated in the

Invitation for Bids.

(b) Bids with charges payable will not be accepted, nor will arrangements

be undertaken to collect the Bids from any delivery point other than that

specified above. Bidders shall bear all expenses incurred in the

preparation and delivery of Bids.

(c) Upon request, acknowledgment of receipt of Bids will be provided to

those making delivery in person or by representative.

17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.

17.3 The Employer may, at his discretion, extend the deadline for submission of Bids

by issuing an addendum in accordance with these Instructions to Bidders, in

which case all rights and obligations of the Employer and the Bidders previously

subject to the original deadline will thereafter be subject to the deadline as

extended.

IB.18 Late Bids

18.1 (a) Any Bid received by the Employer after the dead line for submission of

Bids prescribed in these Instructions to Bidders / Invitation to Bid will be

returned unopened to such Bidder.

(b) Delays of person in transit or delivery of a Bid to the wrong office shall

not be accepted as an excuse for failure to deliver a Bid at the proper

place and time. It shall be the Bidder’s responsibility to determine the

manner in which timely delivery of his Bid will be accomplished either in

person or by authorized representative or through registered post.

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IB.19 Modification, Substitution and Withdrawal of Bids

19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission

provided that modification, substitution or written notice of the withdrawal is

received by the Employer prior to the deadline for submission of Bids.

19.2 The modification, substitution or withdrawal of any Bid shall be prepared,

sealed, marked and delivered in accordance with the provisions of these

Instructions of Bidders with the outer and inner envelopes additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

19.3 Withdrawal of a Bid during the interval between the deadline for submission of

Bids and the expiration of the period of Bid validity specified in the Form of Bid

may result in forfeiture of the Bid Security pursuant to the clauses of these

Instructions to Bidders.

(E) BID OPENING AND EVALUATION

IB.20 Bid Opening

20.1 A Committee consisting of nominated members by the Employer will open the

Bids, including withdrawals, substitution and modifications made pursuant to

the clauses of these Instructions to Bidders, in the presence of Bidders’

representatives who choose to attend, at the time, date and location stipulated

in the Invitation for Bids.

The Bidders’ representatives who are present shall sign on the Attendance

Sheet evidencing their attendance.

20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”

shall be opened and read out first and the name of the Bidder shall be read out.

Bids for which an acceptable notice of withdrawal has been submitted pursuant

to the clauses of these Instructions to Bidders, shall not be opened.

20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid

modifications, substitutions and withdrawals, the presence or absence of Bid

Security, and such other details as the Employer at its discretion may consider

appropriate, will be announced by the Employer at the Bid opening. The

Employer will record minutes of Bid opening.

Any Bid price or discount which is not recorded in Minutes of Bid opening will

not be taken into account in the evaluation of Bid. Any discount offered by the

Bidder on its quoted prices, shall only be considered if such discount is either

shown on the duly filled-in, signed and stamped Form of Bid / Letter of price bid

or on the Summary Page of the quoted amount for lump sum contract / bill of

quantities as applicable. In case of any discrepancy or difference in the rate or

amount of discount mentioned in the Form of Bid/Letter of price bid (as duly

filled-in and signed), and on the Summary Page of the Priced BOQ, the discount

shown on the Priced BOQ shall prevail. Discount if offered, through a separate

letter of discount submitted with the Bid, will not be entertained and shall be

considered null & void.

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20.4 Discounts offered for lesser period than the Bid validity shall not be considered

in evaluation.

IB.21 Clarification of Bids

21.1 To assist in the examination, evaluation and comparison of Bids, the Procuring

Agency may, at its discretion, ask the Bidder for a clarification of its Bid. The

request for clarification and the response shall be in writing and no change in

the price or substance of the Bid shall be sought, offered or permitted.

IB.22 Preliminary Examination & Determination of Responsiveness of Bids

22.2 Evaluation Committee constituted for the purpose shall make preliminary

examination and determine the responsiveness of the Bids as follows:

(a) The Evaluation Committee will examine the Bids to determine whether;

(i) The Bid is complete and does not deviate from the scope,

(ii) Any computational errors have been made,

(iii) Required sureties have been furnished,

(iv) The documents have been properly signed,

(v) The Bid is valid till required period,

(vi) The Bid prices are firm during currency of contract if it is a fixed

price bid,

(vii) Completion period offered is within specified limits,

(viii) The Bid does not deviate from basic technical requirements and

specifications mentioned for the goods (equipment); and

(ix) The Bids are generally in order.

(b) A bid is likely not to be considered, if;

(i) it is unsigned,

(ii) its validity is less than specified,

(iii) it is submitted for incomplete scope of work,

(iv) it indicates completion period later than specified,

(v) it indicates that goods and materials to be supplied do not meet

eligibility requirements / specifications,

(vi) it indicates that Bid prices do not include the amount of applicable

taxes, and

(vii) there is alteration in Form of Bid.

(c) A bid will not be considered, if;

(i) It is not accompanied with bid security,

(ii) It is received after the deadline for submission of Bids,

(iii) It is submitted through fax, telex, telegram or email,

(iv) It indicates that prices quoted are not firm during currency of the

contract whereas the Bidders are required to quote fixed price(s),

(v) The Bidder refuses to accept arithmetic correction,

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(vi) It is materially and substantially different from the Conditions /

Specifications of the Bidding Documents.

It is after review and determination of the responsiveness as per above that

further action on technical evaluation will be taken.

22.2 Arithmetical errors will be rectified on the following basis:

If there is a discrepancy between the unit price and 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 there is a discrepancy between the words and

figures the amount in words shall prevail. If there is a discrepancy between the

total Bid price entered in Form of Price Bid and the total shown in Schedule of

Prices Summary, the amount stated in the Form of Price Bid will be corrected

by the Employer in accordance with the Corrected Schedule of Prices.

If the Bidder does not accept the corrected amount of Bid, his Bid will be

rejected and his Bid Security forfeited.

22.3 The Employer / Evaluation Committee will determine the substantial

responsiveness of each Bid to the Bidding Documents. For purpose of these

Clauses, a substantially responsive Bid is one which conforms to all the terms

and conditions of the Bidding Documents without material deviations.

A material deviation or reservation is one:

(i) Which affect in any substantial way the scope, quality or performance of

the required supply and installation of goods (equipment);

(ii) Which limits in any substantial way, inconsistent with the Bidding

Documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or

(iii) Whose rectification/adoption would affect unfairly the competitive

position of other Bidders presenting substantially responsive Bids.

22.4 A Bid determined as substantially non-responsive will be rejected and will not

subsequently be made responsive by the Bidder by correction of the non-

conformity.

22.5 Any minor informality or non-conformity or irregularity in a Bid which does not

constitute a material deviation may be waived by Employer, as long as the

waiver does not prejudice or affect the relative ranking of any Bidder.

IB.23 Detailed Evaluation of Bids

23.1 Only the Bids previously determined to be substantially responsive pursuant to

the clauses of these Instructions to Bidders will be evaluated and compared in

detail by the Employer / Evaluation Committee as per the requirements given

in the evaluation criteria.

23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s data

submitted with the Bid will be compared with the technical features / criteria of

the Goods / Services detailed and prescribed by the Employer in these

documents.

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23.3 Bids indicating completion beyond 10 days later than the dates set out in

Conditions of Contract shall not be considered and rejected as

non- responsive.

IB.24 Process to be Confidential

24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact

Employer / Evaluation Committee on any matter relating to its Bid from the time

of the Bid opening to the time the Bid evaluation result is announced by the

Employer.

24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the Bid

evaluation, Bid comparison or Contract Award decisions may result in the

rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a written

complaint not later than fifteen (15) days after the announcement of the Bid

evaluation result; however, mere fact of lodging a complaint shall not warrant

suspension of the procurement process.

(F) AWARD OF CONTRACT

IB.25 Post-Qualification

25.1 The Employer, at any stage of the bid evaluation, having credible reasons for

or prima facie evidence of any defect in supplier’s or contractor’s capacities,

may require the suppliers or contractors to provide information concerning their

professional, technical, financial, legal or managerial competence whether

already pre-qualified:

Provided that such qualification shall only be laid down after recording reasons

therefore in writing. They shall form part of the records of that bid evaluation

report.

25.2 An affirmative determination will be a pre-requisite for award of the Contract to

the lowest evaluated Bidder. A negative determination will result in rejection of

that Bidder’s Bid in which event, Employer will proceed to undertake a similar

determination of the next lowest evaluated Bidder’s capabilities to perform the

Contract satisfactorily.

IB.26 Award Criteria

26.1 Subject to the clauses of these Instructions to Bidders, the Employer will award

the Contract to the Bidder whose Bid has been determined to be substantially

responsive to the Bidding Documents and who has offered the lowest evaluated

Bid Price, provided that such Bidder has been determined to be qualified to

satisfactorily perform the Contract in accordance with the provisions of these

Instructions to Bidders.

IB.27 Employer’s Right to Vary Quantities

27.1 Employer reserves the right at the time of award of Contract to increase or

decrease the quantity of Goods and Services contained in the Schedule of

Prices without any change in the unit price or other terms and conditions. The

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Employer also reserves the right to delete any one or more items of goods

(equipment) and services for which the bid has been called.

IB.28 Employer’s Right to Reject Bids

28.2 Employer reserves the rights to annul the bidding process and reject all Bids,

at any time prior to award of Contract, without thereby incurring any liability to

the affected Bidders or any obligation to inform the affected Bidders of the

grounds for the Employer’s action except that the grounds for its rejection shall

upon request be communicated, to any Bidder who submitted a Bid, without

justification of grounds. Rejection of all Bids shall be notified to all Bidders

promptly.

28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the

Bid evaluation report.

IB.29 Notification of Award

29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the

Employer will notify the successful Bidder in writing (“Letter of Acceptance /

Work Order”) that his Bid has been accepted. This letter shall name the sum

which the Employer will pay the Contractor in consideration of the supply &

installation of required goods and provision of services / facility by the

Contractor as prescribed by the Contract (hereinafter and in the Conditions of

Contract called the “Contract Price”).

29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will

constitute the formation of the Contract, binding the Employer and the

successful Bidder till signing of the formal Contract Agreement (In case the

formal Contract Agreement is not signed by an act of the successful Bidder or

due to some other reason, the letter of Acceptance / Work Order as well as the

terms and conditions of these documents shall be binding and considered as

terms and conditions between the Employer and successful Bidder).

29.3 Upon furnishing by the successful Bidder of a Performance Security (if

applicable otherwise after signing of the former contract Agreement) the

Employer will promptly notify the other Bidders that their Bids have been found

unsuccessful and return their Bid securities.

IB.30 Signing of Contract Agreement

30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance /

Work Order, the successful Bidder shall submit to the Employer the Form of

Contract Agreement provided in the Bidding Documents, duly filled in and

incorporating all agreements between the parties for signing.

30.2 The formal Agreement between the Employer and the successful Bidder shall

be executed within ten (10) days of the receipt of such Form of Contract

Agreement by the Employer from the successful Bidder. The expenses for

executing the Contract Agreement shall be borne by the successful Bidder.

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(G) ADDITIONAL (SPECIAL) INSTRUCTIONS

IB.31 Instructions Importance

31.1 Bids shall be prepared and submitted in accordance with the above Instructions

to Bidders including Additional (Special) Instructions which are provided to

assist Bidders in preparing their Bids.

IB.32 Contract Documents

32.1 The Documents which will be included in the Contract are listed in the Form of

Contract Agreement set out in these Bidding Documents.

IB.33 Sufficiency of Bid

33.1 Each Bidder shall satisfy himself before bidding as to the correctness and

sufficiency of his Bid and of the rates and prices entered in the Schedule of

Prices. Except in so far as it is otherwise expressly provided in the Contract,

the rates and prices entered in the Schedule of Price shall cover all his

obligations under the Contract and all matters and things necessary for the

proper completion of the works / supply and installation of goods (equipment).

IB.34 Bidder to inform himself

34.1 The Bidder is advised to obtain for himself at his own cost and responsibility all

information that may be necessary for preparing the Bid and entering into a

Contract for execution of the works / supply and installation of goods

(equipment). This shall include but not be limited to the following:

(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.

(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.

(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.

(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.

IB.35 Alternate Proposals by Bidder

35.1 If any Bidder may considers that he can offer any advantage to the Employer

by a modification to the designs, specifications or other conditions, he may, in

addition to his Bid to be submitted in strict compliance with the Bidding

Documents, submit any Alternate Proposal(s) containing (a) technical

specifications; and (b) any other relevant details / conditions, provided always

that the total sum entered on the Form of Bid shall be that which represents

complete compliance with the Bidding Documents.

35.2 Alternate Proposal(s): The Goods / Services offered of the specifications

superior to the one specified in these Bidding Documents may be acceptable,

only if alternate proposal is from the lowest bidder.

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IB.36 Site Visit and Local Conditions

36.1 Bidder must verify and supplement by his own investigations the

information about site and local conditions. However, Employer will

assist the Bidder wherever practicable and possible.

36.2 All Bidders are required to visit the site at their own expense to review the areas

allocated for the Supply & Installation of Goods (Equipment) and the interfacing

facilities, if any. Bidders shall also study local conditions, available facilities,

communications, craft wages, roads and other transport facilities. Bidders shall

also acquaint themselves with the relevant laws, rules, and regulations of

Pakistan.

36.3 The Bidders and any of their personnel or agents will be granted permission by

the Employer to enter upon his premises and lands for the purpose of such

inspection, but only upon the express condition that the Bidders, their personnel

and agents, will release and indemnify the Employer, his personnel and agents

from and against all liability in respect thereof and will be responsible for death

or personal injury, loss of or damage to property and any other loss, damage,

costs and expenses incurred as a result of such inspection.

IB.37 Clarification of Issues

37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee

to clarify issues and to answer any questions on matters related to the Bidding

Documents.

IB.38 Integrity Pact

38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of

Instructions to Bidder in the Bidding Documents. Failure to provide such

Integrity Pact shall make the Bid non-responsive.

IB.39 General Performance of the Bidders

39.1 The Employer reserves the right to obtain information regarding performance

of the Bidders on their previously awarded contracts/works. The Employer may

in case of poor performance of any Bidder so as past record of terminated /

incomplete works of similar nature pertaining to any Government, Semi-

Government, autonomous Body or Organization, reject his bid.

(H) APPENDICES

The Appendices Instructions to Bidders are as given below, and the Bidder shall

fill in all these Appendices:

• Appendix-A: Proposed Programme of Supply.

• Appendix-B: Integrity Pact.

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Appendix-A

(Instructions to Bidders)

PROPOSED PROGRAMME OF SUPPLY.

Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing the

sequence of Supply of Furniture Items by which he proposes to complete the Work

of the entire Contract. The programme should indicate the sequences of supply and

installation of items and the period of time during which he proposes to complete the

Works for each site including the activities like supply, ordering / procurement of goods

(equipment), delivering & schedule of installation of required Goods / Services under

the Contract.

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Appendix-B

(Instructions to Bidders)

Integrity Pact

[To be filled and signed by the Bidder]

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.____________________ Dated

____________________

Contract Value: _________________

Contract Title: __________________

………………………………… [Name of Supplier] hereby declares that it has

not obtained or induced the procurement of any contract, right, interest,

privilege or other obligation or benefit from Government of Pakistan or

Government of the Punjab or any administrative sub division or agency thereof

or any other entity owned or controlled by Government of Pakistan or

Government of the Punjab through any corrupt business practice.

Without limiting the generality of the foregoing, [-----------------------------------

name of Supplier] represents and warrants that it has fully declared the

brokerage, commission, fees etc. paid or payable to anyone and not given or

agreed to give and shall not give or agree to give to anyone within or outside

Pakistan either directly or indirectly through any natural or juridical person,

including its affiliate, agent, associate, broker, consultant, director, promoter,

shareholder, sponsor or subsidiary, any commission, gratification, bribe,

finder’s fee or kickback, whether described as consultation fee or otherwise,

with the object of obtaining or inducing the procurement of a contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established & controlled by the Federal / Provincial Government except that

which has been expressly declared pursuant hereto.

[-----------------------------------------------------------name of Supplier] certifies that it

has made and will make full disclosure of all agreements and arrangements

with all persons in respect of or related to the transaction with Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government and has not taken any action or

will not take any action to circumvent the above declaration, representation or

warranty.

[-----------------------------------------------------------name of Supplier] accepts full

responsibility and strict liability for making any false declaration, not making full

disclosure, misrepresenting facts or taking any action likely to defeat the

purpose of this declaration, representation and warranty. It agrees that any

22

contract, right, interest, privilege or other obligation or benefit obtained or

procured as aforesaid shall, without prejudice to any other rights and remedies

available to Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government under any law, contract or other instrument, be voidable at the

option of Government of Pakistan or Government of Punjab or any autonomous

body established and controlled by Federal / Provincial Government.

Notwithstanding any rights and remedies exercised by Government of Pakistan

or Government of Punjab or any autonomous body established and controlled

by Federal / Provincial Government in this regard,

[------------------------------------------------------------name of Supplier] agrees to

indemnify Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government for any loss or damage incurred by it on account of its corrupt

business practices and further pay compensation to Government of Pakistan or

Government of Punjab or any autonomous body established and controlled by

Federal / Provincial Government in an amount equivalent to ten time the sum

of any commission, gratification, bribe, finder’s fee or kickback given by [--------

---------------------------------------------------name of Supplier] as aforesaid for the

purpose of obtaining or inducing the procurement of any contract, right, interest,

privilege or other obligation or benefit in whatsoever form from Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government.

Name of Buyer: …………………. Name of Seller/Supplier: …………..

Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]

23

(d) SPECIAL INSTRUCTIONS

AND BIDDING DATA

24

SPECIAL INSTRUCTIONS TO BIDDERS

BIDDING DATA

Sr. No.

Description of Special Instructions

1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed

under PPRA Rules 2014

2 Name of the Project and Summary of the works:

Supply of Furniture Items at Tehsil Level Gymnasiums: 1. Chak Jhumra (District Faisalabad) 2. Jarranwala (District Faisalabad) 3. Shor Kot (District Jhang) 4. Hasilpur (District Bahawalpur) 5. Haroonabaad (District Bahawalnagar).

3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

4 The Client will provide the following inputs and facilities: (i). All available data.

5 Proposal must remain valid for 90 Days after the submission date, that is until:

21st May, 2020

6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

7 Bid language: English

8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.

25

9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes

10 Bidders to quote the Bid Price: in Pak Rupees

11

Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.

12

Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

Tender Document (Bidding Documents) must be submitted not later than the following date and time:

On or before 21st February, 2020 during office hours till 11:45 am

13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of Furniture Items.

14 Venue, time and date of Bid opening (Technical Proposal)

Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020

15 Period for furnishing and signing of contract agreement:

Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.

26

SECTION – 3

TECHNICAL AND FINANCIAL PROPOSALS-

STANDARD FORMS

FOR SUPPLY OF FURNITURE ITEMS

27

TECHNICAL PROPOSAL-STANDARD FORMS

28

TECHNICAL PROPOSALS

FORM TECHNICAL PROPOSAL SUBMISSION FORM

Location: ________________ Date____________

To:

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., Supply of Furniture Items, in accordance with the Request for Proposals

(Bidding Documents) received by us in pursuance of the Tender Notice published in

daily newspapers and PPRA website. We are hereby submitting our Proposal, which

includes this Technical Proposal and a Financial Proposal sealed under separate

envelopes.

We hereby declare that all the information and statements made in this

Proposal are true and accept that any misinterpretation contained in it may lead to our

dis-qualification. We further accept that any incorrect / wrong information and

statement made in this proposal may lead to Civil and Criminal action, besides our dis-

qualification.

Our Proposal is binding upon us and subject to the modifications resulting from

Agreement negotiations.

We undertake, if our Proposal is accepted, to initiate the supply & installation

related to the assignment not later than the date indicated in Instructions to Bidders

(Bidding Data) and shall complete the work within the stipulated time period from the

date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as

prescribed in Proposals (Bidding Documents).

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

29

MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING

TECHNICAL PROPOSALS

Supply of Furniture Items

The Following Requirements / Conditions / Criteria must be fulfilled by the applicant

Bidder for submission of his Technical Proposal:

1. The Applicant / Company / Institution must be registered with Government. The

Applicant shall produce documentary proof of such registration.

2. The Applicant / Company / Institution must be registered Income Tax

Department and must produce NTN Certificate and GST registration Certificate.

3. The Applicant / Company / Institution must not be Tax defaulter or Black listed

by any Government Department, Semi Government Department or

Autonomous Body. In this regard, the applicant shall submit undertaking in

judicial stamp paper

4. The Applicant / Company / Institution must have Sound Financial Position. The

Applicant must submit his Bank Statement for the last Two Years to establish

sound Financial Position

5. The Applicant / Company / Institution must have experience of supply /

manufacturing of required items of procurement. In this regard, the applicant

shall submit the Documentary proof / copies of work orders to establish his

relevant experience

6. In case of Manufacture Bidder, he shall submit the details of his Manufacturing

Unit, complete address, Machinery description and the total Staff / Workers

employed by him. In case of Supplier Bidder, he shall submit his experience of

supplying goods to different Public Sector or Private Sector Institutions.

7. The successful Bidder shall be required to supply the required items of

Procurement at the concerned site in Punjab. The quoted price / Bid must

include the Transportation charges as well as installation charges and no

additional charges shall be paid for supply of required Items at different sites,

as directed by the Employer.

8. The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose.

30

TECHNICAL PROPOSALS

Supply of Furniture Items

EVALUATION CRITERIA

A. Mandatory Requirements:

The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:

Sr. # Mandatory Requirements Documentary Evidence Total Marks

1. Registration / Incorporation of

Contractor / Firm / Company under the laws of Pakistan.

Certificate of Contractor / Firm / Company Registration.

Mandatory

2. Valid FBR Registration. NTN Certificate Copy. Mandatory

3. Valid General Sales Tax

Registration General Sales Tax Registration

Certificate Mandatory

4. Valid Punjab Sales Tax

Registration, if applicable Punjab Sales Tax Registration

Certificate, if applicable. Mandatory

5.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be

attached.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case

of Sole Proprietorship, Affidavit should be attached.

Mandatory

6.

Undertaking that the Contractor / Firm / Company or any Partner(s) is

not blacklisted by Provincial or Federal Government Department,

Agency, Organization or autonomous body anywhere in

Pakistan.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

7.

Undertaking that the Contractor / Firm / Company or any Partner(s) of

JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any

Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent

and results of such proceedings should be mentioned in detail.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

31

Sr. # Mandatory Requirements Documentary Evidence Total Marks

8.

Adherence to time line in completion of work non-adherence without just cause shall result in imposition of

penalty.

Undertaking on Stamp Paper that the Bidder shall, within 7 days after

the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time

line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.

Mandatory

9.

Financial Soundness Sufficient Bank Balance available

with the Contractor / Firm / Company for providing the services and execution of work in time line.

Bank Statement / Audited Accounts for the last 24 months in the name of

Company / Firm is to be attached. (In case of JV / Consortium, Bank

Statements / Audited Accounts of all partners are to be attached)

Mandatory

B. Technical Proposals Scoring Criteria:

Total Marks: 100 Qualifying Marks: 70

Sr. No.

Description Marks Distribution Marks

1. Personnel Capability

(Strength of Permanent Staff).

Marks Distribution:

• Management Staff (5 Marks)

• Financial Staff (5 Marks)

• Technical Staff (5 Marks)

• Field Staff (5 Marks)

(List of names of Permanent Staff along with CVs and the proof of their

engagement with the Company / Firm should be attached).

20

32

Sr. No.

Description Marks Distribution Marks

2. Years in Business of Applicant

Firm / Company

• 10 Years & above (10 Marks)

• 7 Years upto 10 Years (7 Marks)

• 5 Years upto 7 Years (5 Marks)

• 2 Years upto 5 Years (2 Marks)

(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).

10

3. General experience in Supply of

Furniture Items.

Marks Distribution:

02 Projects (5 Marks)

03-04 Projects (10) Marks)

05 & Above Projects (15 Marks)

(List of Projects referred above along with documentary proof

should be attached).

15

4.

Experience in Supply of Furniture Items to any Government, Semi

Government or Autonomous Body established / controlled by

Government.

Marks Distribution:

01 Project (8 Marks)

02 Projects (12 Marks)

03 Projects (16 Marks)

04 & Above Projects (20 Marks)

(List of Projects referred above along with documentary proof

should be attached).

20

33

Sr. No.

Description Marks Distribution Marks

5. Financial Soundness

• Available Bank Turn Over for last 02 years.

If 1 million to less than 2 Million (5 Marks)

If 2 million to less than 5 Million (10 Marks)

If 5 million to less than 10 Million (15 Marks)

If 10 million to less than 15 Million (20 Marks)

If 15 million & above (25 Marks)

25

6. Furniture Items available with the

Applicant for supply.

List of Furniture Items available with the Applicant for supply with proof of ownership and year of

purchase / manufacturing should be attached.

(10 Marks).

10

34

TECHNICAL PROPOSALS

(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)

Supply of Furniture Items

The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement.

Sr. #

Description & Specification of Required Item Main Specifications / Features of

Goods (Equipment) offered by Supplier

1.

• Office Table Size 5’-0”x 2’-9”x 2’-6”,

• With computer side rack Size 3’-6” x 1’-6” x 2’-6” having sliding Keyboard Tray, CPU section and three lockable drawers with central locking system,

• Complete structure made of High Pressure (700-Densty) Melamine Laminated Board, Matching PVC Edging.

2.

• Revolving Chair, High Back, • Imported, • PP Padded Arms, • Nylon five star hydraulic base with Twin Disk

Casters, • Seat and Back upholstered in Black Mesh fabric.

3.

• Visitor Chair with arms,

• Mild Steel round pipe chrome plated frame,

• Seat and Back in Polyproline black shell and upholstered in black mesh fabric.

4.

• Sofa 2-Seater with Arms,

• Stainless steel round pipe feet,

• Keekar wood frame inside,

• Arms and structure upholstered in dark brown imported leatherite,

• Seat and Back upholstered in Polyproline yarn fire redundant fabric.

5.

• Center Table Size: 3’-6”×1’-9”×1’-6”,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.

6.

• Box File Cabinet Size 3’-6” x 1’-3” x 6’-0” having lockable panels with shelves,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.

35

Sr. #

Description & Specification of Required Item Main Specifications / Features of

Goods (Equipment) offered by Supplier

7.

• File Cabinet (Iron / Metallic),

• Box File Cabinet Size: 3’-0” × 1’-3” × 6’-0”

• With Lockable Panels with Shelves (Hammer Paint)

8.

• Computer Table Size: 4’-0” ×2’-6”×2’-6”,

• Having One Fix Drawer, Sliding Keyboard Tray and CPU section,

• UPS Moveable Tray 1’-6” x 10”,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging

9.

• Computer Revolving Chair,

• Imported,

• Tilt lockable mechanism,

• PP arms and Nylon star hydraulic base with Disk Casters,

• Seat and Back upholstered in black mesh fabric.

10.

• Locker Cabinet Size 3’-0” x 1’-6” x 6’-0”

• Consisting six (06) pieces, each containing six (06) lockers,

• Each Locker size 11” x 18” x 22” deep,

• Mild Steel prime quality Cold Rolled Silver Powder Coated Sheet.

11.

• Bench Three Seater without Arms,

• Mild Steel Round Pipe / Sheet Silver Powder Coated Frame,

• Seat and Back in perforated silver powder coated sheet.

12.

• Visitor Chair with Arms,

• Mild Steel Round Pipe chrome plated frame,

• Seat and Back Polyproline Black Shell and upholstered in black mesh fabric.

Note: -

The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose

Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.

36

FINANCIAL PROPOSAL-STANDARD FORMS

37

FORM - FINANCIAL PROPOSAL SUBMISSION FORM

Location----------------------------Date----------------------------

To: [Name and address of Employer]

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., “Supply of Furniture Items” in accordance with Tender Document

(Bidding Documents) received by us in pursuance of the Tender Notices Published in

Daily Newspaper and PPRA website. Our attached Financial Proposal is for the sum

of:

--------------------------------------------------------------------------------------------------------------

[Insert amount(s) in words and figures].

This amount is inclusive of all the applicable taxes.

Our Financial Proposal shall be binding upon us subject to the modifications

resulting from Agreement negotiations, up to expiration of the validity period of the

Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).

No commissions or gratuities have been or are to be paid by us to agents

relating to this Proposal and Agreement execution.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: ________________________________

Name and Title of Signatory: __________________________________________

Name of Firm: _____________________________________________________

Address: __________________________________________________________

38

FORM - SUMMARY OF COSTS

Sr. # Description of Required Item Rate Per Unit

inclusive all applicable Taxes (In Rs.)

1.

• Office Table Size 5’-0”x 2’-9”x 2’-6”,

• With computer side rack Size 3’-6” x 1’-6” x 2’-6” having sliding Keyboard Tray, CPU section and three lockable drawers with central locking system,

• Complete structure made of High Pressure (700-Densty) Melamine Laminated Board, Matching PVC Edging.

2.

• Revolving Chair, High Back, • Imported, • PP Padded Arms, • Nylon five star hydraulic base with Twin

Disk Casters, • Seat and Back upholstered in Black Mesh

fabric.

3.

• Visitor Chair with arms,

• Mild Steel round pipe chrome plated frame,

• Seat and Back in Polyproline black shell and upholstered in black mesh fabric.

4.

• Sofa 2-Seater with Arms,

• Stainless steel round pipe feet,

• Keekar wood frame inside,

• Arms and structure upholstered in dark brown imported leatherite,

• Seat and Back upholstered in Polyproline yarn fire redundant fabric.

5.

• Center Table Size: 3’-6”×1’-9”×1’-6”,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.

6.

• Box File Cabinet Size 3’-6” x 1’-3” x 6’-0” having lockable panels with shelves,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.

39

Sr. # Description of Required Item Rate Per Unit

inclusive all applicable Taxes (In Rs.)

7.

• File Cabinet (Iron / Metallic),

• Box File Cabinet Size: 3’-0” × 1’-3” × 6’-0”

• With Lockable Panels with Shelves (Hammer Paint)

8.

• Computer Table Size: 4’-0” ×2’-6”×2’-6”,

• Having One Fix Drawer, Sliding Keyboard Tray and CPU section,

• UPS Moveable Tray 1’-6” x 10”,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging

9.

• Computer Revolving Chair,

• Imported,

• Tilt lockable mechanism,

• PP arms and Nylon star hydraulic base with Disk Casters,

• Seat and Back upholstered in black mesh

fabric.

10.

• Locker Cabinet Size 3’-0” x 1’-6” x 6’-0”

• Consisting six (06) pieces, each containing six (06) lockers,

• Each Locker size 11” x 18” x 22” deep,

• Mild Steel prime quality Cold Rolled Silver Powder Coated Sheet.

11.

• Bench Three Seater without Arms,

• Mild Steel Round Pipe / Sheet Silver Powder Coated Frame,

• Seat and Back in perforated silver powder coated sheet.

12.

• Visitor Chair with Arms,

• Mild Steel Round Pipe chrome plated frame,

• Seat and Back Polyproline Black Shell and upholstered in black mesh fabric.

40

SECTION - 4

FORM OF CONTRACT

FORM OF CONTRACT FOR SUPPLY OF

FURNITURE ITEMS.

41

FORM OF CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______

day of ______________________ (month) 2020, between _________________________

_____________________________________(hereafter called the “Employer”) of the one

part and ____________________________________________ (hereafter called the

“Contractor”) of the other part.

WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of

Furniture Items should be carried out / executed by the Contractor and has accepted a Bid

of the Contractor for the execution and completion of such Works and the remedying of any

defects therein.

NOW this Agreement witness 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 hereinafter referred to.

2. The following documents after incorporating addenda, if any except those parts relating

to Instructions to Bidders, shall be deemed to form and be read and construed as part

of this Agreement, viz:

(a) Contract Agreement.

(b) Letter of Acceptance (Work Order).

(c) The completed Form of Request for Proposals (Bidding Documents)

(d) The Conditions of Contract and Special Conditions of Contract.

(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.

3. The Procurement of Furniture Items should be as per specifications mentioned in

Tender Document (Bidding Documents). If the material provided by the Contractor will

not meet the specification as per aforesaid requirement, then necessary action will be

taken against the Contractor as provided under law.

4. With reference to Tender Document (Bidding Documents) mutually agreed between

the Employer and Contractor relevant copies of the Request for Proposals (Bidding

Documents) attached to this contract / agreement are;

(a) “Financial Proposals” of Bidding Documents.

(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.

5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete

consignment under contract agreement. Final Payment shall be made on completion

of work (supply of all Goods / Services) and fulfillment of all terms and conditions of

contract and submission of Guarantee as required under the Special Conditions of

Contract. No other charges to be paid after the full payment.

6. Tender Document (Bidding Documents) of the subject procurement shall be

considered part of the Contract Agreement.

42

7. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute

and complete the Works and remedy defects herein in conformity and in all respects

with the provisions of the Contract.

8. The Employer hereby covenants to pay the Contractor, in consideration of the

execution and completion of the Works as per 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 on

the ----------------------------------------------------------

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on

the day, month and year first before written in accordance with their respective laws.

Signature of the Contactor Signature of Employer

_______________________________ _______________________________

(Seal) (Seal)

Signed, Sealed and Delivered in the presence of:

Witness: Witness:

_______________________________ _______________________________

(Name, Title and Address) (Name, title and Address)

43

CONDITIONS OF CONTRACT

Definitions and Interpretations

1.2 Definitions

In the Contract (as hereinafter defined) the following words and expressions shall have

the meanings hereby assigned to them:

1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work

Order).

1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of

Contract.

1.1.3 "Contract" means the agreement between the Employer and the Contractor

for the execution of the Works incorporating the Conditions, Specifications,

Tender, Letter of Acceptance (Work Order) and such further documents as may

be expressly incorporated by the Letter of Acceptance (Work Order). Any

subsequent documents mutually agreed and signed by the Employer and the

Contractor shall be the part of the Contract.

1.1.4 "Contract Agreement" means the documents recording the terms of the

Contract between the Employer and the Contractor.

1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work

Order) as payable to the Contractor for the Supply, Installation, Execution and

Completion of the Works subject to such additions thereto or deductions

therefrom as may be made under the provisions of hereinafter contained and

remedying of any defects therein in accordance with the provisions of the

Contract.

1.1.6 "Contractor" means the person whose bid has been accepted by the

Employer and the legal successors in title to the Contractor but not (except with

the consent of the Employer) any assignee of the Contractor.

1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and

operation & maintenance manuals to be submitted by the Contractor.

1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement

Committee for satisfactory execution of work / supply & installation of Goods in

accordance with these Conditions of Contract.

1.1.9 "Defects Liability Period" means one year following taking over (issuing date

of Receipt Certificate), during which the Contractor is responsible for making

good defects and damage in accordance with the Conditions of Contract.

1.1.10 “Employer" means the person named as such in the Form of Contract and the

legal successors in title to the Employer but not (except with the consent of the

Contractor) any assignee of the Employer.

44

1.1.11 "Employer's Drawings" means all the drawings, information and

specifications provided by the Employer to the Contractor under the Contract.

1.1.12 "Employer's Risks” means those risks defined in these Conditions of

Contract.

1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of

Contract.

1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation

of the most elementary rules of diligence which a conscientious contractor in

the same position and under the same circumstances would have followed.

1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the

formal acceptance by the Employer of the Tender incorporating any

adjustments or variations to the Tender agreed between the Employer and the

Contractor.

1.1.16 "Retention Money" means the security to be deducted from the payable

amounts of the Contractor in accordance with the terms and conditions of the

Contract.

1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all

things to be provided under the Contract.

1.1.18 "Site" means the place or places, provided or made available by the Employer

where work is to be done by the Contractor or to which Goods are to be

delivered / installed / fixed, together with so much of the area surrounding the

same as the Contractor shall with the consent of the Employer use in

connection with the Works otherwise than merely for the purposes of access.

1.1.19 "Specification" means the specification of the Goods included in the

Pre-Qualification Notice / Documents for Pre-Qualification / Request for

Proposals (Bidding Documents) / Contract and any modification thereof made

in accordance with the Conditions of Contract.

1.1.20 “Procurement Committee” means a Committee constituted by the Employer

to perform the functions as such under the terms and conditions of Contract.

1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee” means a Committee constituted by the Employer to perform the

functions as such under the terms and conditions of Contract.

1.1.22 “Finance Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.23 “Verification Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement

Committee to the Contractor in accordance with these Conditions of Contract.

45

1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods

and its Installation / Fixation. The word “Tender” is synonymous with the word

“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request

for Proposals” including financial proposal and technical proposal.

1.1.26 "Inspection on Completion" means the tests / inspections specified in the

Contract or otherwise agreed by the Procurement Committee and the

Contractor to be performed before the goods / services / works are taken over

by the Employer.

1.1.27 "Time for Completion" means the time stated in the Contract / Bidding

Documents for completing the Works. The time for completion shall be

calculated from the Commencement Date to the issuance of Receipt Certificate

by the Procurement Committee of the Directorate General Sports / Sports

Board Punjab.

1.1.28 "Variation Order" means any written order, identified as such, issued to the

Contractor by the Procurement Committee under the Conditions of Contract.

1.1.29 "Works" means all supply, installation of Goods and Services to be

provided, installed / fixed and work to be done by the Contractor under

the Contract.

1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for replacing any

defective Goods / Equipments during the specified Guarantee period, which

should commence after “Receipt Certificate”.

1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for making good any

defective Goods / Equipments during the specified Warranty period, which

should commence after “Receipt Certificate”.

1.3 Periods

In these Conditions "days" means calendar day and "year" means 365 days.

2.1 Assignment

The Contractor shall not assign the Contract or any part of his obligations under the

Contract. A charge in favour of the Contractor's bankers of any monies due under the

Contract shall not be considered an assignment.

3.1 Subcontracting

The Contractor shall not subcontract the part or whole of the Works.

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4.3 Day to Day Communications

The language for day to day communications is stated in the Preamble.

4.4 Priority of Contract Documents

Unless otherwise provided in the Contract, the priority of the Contract documents shall

be as follows:

1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.

5.2 General Obligations

a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.

b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.

Contract Agreement

6.2 Contract Agreement

The Contractor shall, if called upon so to do, execute a Contract Agreement recording

all the terms of the Contract, to be prepared by and completed.

6.3 Sufficiency of Contract Price

The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:

(a) All the conditions and circumstances affecting the Contract Price,

(b) The possibility of carrying out the Works as described in the Contract,

(c) The general circumstances at the Site and

(d) The general labour position at the Site.

6.4 Physical Obstructions and Conditions

If during the execution of the Works on Site, the Contractor encounters physical

obstructions or conditions of the kind stipulated in these Conditions of Contract, the

Contractor shall be entitled to recover such additional cost incurred in consequence.

The Procurement Committee shall certify and there shall be added to the Contract

Price the additional cost, after approval by the Employer.

Contractor's Representative

7.12 Contractor's Representative

The Contractor shall employ one or more competent representatives to superintend

the carrying out of the Works on Site. They shall be fluent in the language for day to

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day communications. Their names shall be communicated in writing to the

Procurement Committee before work (supply and installation of Goods) on Site begins.

Any instruction or notice which the Employer give to the Contractor's representative

shall be deemed to have been given to the Contractor.

7.13 Objection to Contractor's Employees

The Contractor shall, upon the Employer’s written instruction, remove from the Works

any person employed by him in the execution of the Works, who misconducts himself

or is incompetent or negligent.

7.14 Safety Precautions

The Contractor shall observe all applicable regulations regarding safety on the Site.

Unless otherwise agreed, the Contractor shall, from the commencement of work on

Site till taking over by the Employer, provide:

(a) Fencing, lighting, guarding and watching of the Works, and

(b) Temporary roadways, footways, guards and fences which may be necessary

for the accommodation and protection of owners and occupiers of adjacent

property, the public and others.

In order to provide for the safety, health and welfare of persons, and for prevention of

damage of any kind, all operations for the purposes of or in connection with the

Contract shall be carried out in compliance with the safety requirements of the

Government of Pakistan with such modifications thereto as the Procurement

Committee may authorize or direct and the Contractor shall take or cause to be taken

such further measures and comply with such further requirements as the Procurement

Committee may determine to be reasonably necessary for such purpose.

The Contractor shall make, maintain, and submit reports to the Procurement

Committee concerning safety, health and welfare of persons and damage to property

as the Procurement Committee may from time to time prescribe.”

7.15 Electricity Water and Gas

The Contractor shall be responsible for making his own arrangements for the adequate

supply of electricity, water and gas required for the effective performance of his

obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled

to use for the purposes of the Works such supplies and services as may be available

on the Site. The Contractor shall, before the commencement of the work at Site, seek

the approval of the Procurement Committee as to his detailed requirements of

electricity, water and gas for the entire Contract period. The Contractor shall pay the

Employer at the rates / cost incurred by the Employer. The Contractor shall at his own

cost provide any apparatus necessary for such use”. The contractor will bear the cost

of distribution network for electricity, potable water, telephone, gas and their

consumption by his own personnel for the purpose of the work.

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7.16 Employer's Equipment

The Employer may, if the Contractor so requests for the execution of the works,

operate any available equipment of the Employer. The Contractor shall pay the

Employer a mutually agreed price for such use.

The Employer shall during such operation retain control of and be responsible for the

safe working of the equipment. In case of any damage / loss by the Contractor, such

loss shall be made good by the Contractor.

7.17 Clearance of Site

The Contractor shall from time to time during the progress of the Works clear away

and remove all surplus materials and rubbish. On completion of the Works, the

Contractor shall remove all Contractor's Equipment and leave the whole of the Site

and the Works clean and in a workmanlike condition, to the satisfaction of the

Procurement Committee.

7.18 Authority for Access

No persons other than the employees of the Contractor shall be allowed on the Site

except with the consent of the Procurement Committee.

Facilities to inspect the Works shall at all times be afforded by the Contractor to the

Procurement Committee, the Employer's representatives, authorities and officials.

7.19 Information for Import Permits and Licenses

The Contractor shall submit to the Employer in good time such details of all Goods /

Equipment to be imported into Pakistan.

7.20 Compliance with Statutes, Regulations

The Contractor shall, in all matters arising in the performance of the Contract, comply

in all respects with, give all notices and pay all fees required by the provisions of any

National or State Statute, Ordinance or other law or any Regulation or Bye-law of any

duly constituted authority.

7.21 Compliance with Laws

The Contractor shall comply with the laws of Pakistan where the Goods are to be

installed / fixed.

7.22 Photographs of Works and Advertisement Prohibited

Except with the prior written authorization of the Employer, the Contractor shall not

exhibit or permit to be exhibited and Photographs or advertisement on the Works.

Obligations of the Employer

8.2 Access to and Possession of the Site

The Employer shall in reasonable time grant the Contractor access to and possession

of the Site, which may, however, not be exclusive to the Contractor.

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8.6 Consents and Way leaves

The Employer shall in due time obtain or grant all consents including permits-to-work,

way leaves and approvals required for the Works.

8.7 Import Permits and Licenses

The Employer shall issue permissions, letters, certificates and provide such other

assistance to the Contractor for his obtaining permits-to-work, way leaves and

approvals from any other department / authority and right of way from private owners,

if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.

8.8 Records of Safety and Health

The Contractor shall maintain such records and make such reports concerning safety,

health and welfare of persons and damage to property as the Procurement Committee

may from time to time prescribe.

8.9 Reporting of Accidents

The Contractor shall report to the Procurement Committee details of any accident as

soon as possible after its occurrence. In the case of any fatality or serious accident,

the Contractor shall, in addition to appropriate action required under the law, notify the

Procurement Committee immediately by the quickest available means.

9.5 Sample Testing

Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee shall inspect, examine and test a sample of each item of Goods

/ Materials (Sports items) to be supplied under the Contract. The supply and installation

of all Goods shall be subject to the approval of sample by the said Committee.

9.6 Inspection and Testing During Installation

The Procurement Committee shall be entitled during installation / fixation to inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. This shall take place on the Contractor's

premises during working hours.

No such inspection, examination or testing shall release the Contractor from any

obligation under the Contract.

9.7 Independent Inspection

Verification Committee of Sports Board Punjab, during installation, may inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. For this purpose, such independent

inspection shall be considered as Procurement Committee’s inspection.

The inspection and testing of the materials supplied / installed under the Contract shall

be carried out by the Procurement Committee which shall, after satisfaction, issue the

Certificate of Receipt.

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9.8 Date for Inspection and Testing

The Procurement Committee or Verification Committee shall give the Contractor 24

hours notice of his intention to attend the inspection / tests. The Contractor shall

provide such assistance, labour materials, electricity, fuel, stores, apparatus and

instruments as may be necessary to carry out the inspection / tests efficiently.

10.2 Rejection

If, as a result of the inspection, examination or testing as referred in the above stated

Clause, the Procurement Committee or Verification Committee of the Sports Board

Punjab decides that any Goods is defective or otherwise not in accordance with the

Contract, it may reject such Goods and shall notify the Contractor thereof immediately.

The notice shall state the Procurement Committee’s or Verification Committee’s

objections with reasons.

The Contractor shall then with all speed make good the defect or ensure that any

rejected Goods complies with the Contract.

If the Procurement Committee or Verification Committee requires such Goods to be

retested, the tests shall be repeated under the same terms and conditions. All costs

incurred by the Employer by the repetition of the tests shall be deducted from the

Contract Price.

Suspension of Works or Delivery

11.6 Order to Suspend

The Procurement Committee or the Employer may at any time instruct the Contractor to:

(a) Suspend progress of the Works, or

(b) Suspend delivery of Goods or Contractor's Equipment which is ready for

delivery to the Site at the time for delivery or if no time is specified, at the time

appropriate for it to be delivered, or

(c) Suspend the installation of Goods which has been delivered to the Site.

When the Contractor is prevented from delivering or installing Goods, it shall be

deemed that Procurement Committee or the Employer has instructed a suspension,

except when such prevention is caused by the Contractor's default.

The Contractor shall, during suspension period, protect and secure the Works or

Goods at the Site, as the case may be, against any deterioration, loss or damage.

11.7 Cost of Suspension

The additional cost incurred by the Contractor in protection, securing and insuring the

Works or Goods and in following the Procurement Committee’s or Verification

Committee’s instructions and in resumption of the work, shall be added to the Contract

Price. Such additional cost shall be determined by the Procurement Committee and

approved by the Employer.

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The Contractor shall not be entitled to be paid any additional costs if such suspension

is necessary by reason of a default on the part of the Contractor.

The Contractor shall not be entitled to additional costs unless he notifies the

Procurement Committee or Employer of his intention to make such claim, within twenty

eight (28) days after receipt of the order to suspend progress or delivery or installation.

11.8 Payment in Event of Suspension

The Contractor shall be entitled to payment for Goods which has not been delivered to

Site if the work on Goods or delivery of Goods has been suspended for more than

twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall

be entitled to payment of the value as determined by the Procurement Committee.

A Certificate of payment shall be issued on condition that:

(a) The Contractor has marked the Goods as the Employer's property in

accordance with the Procurement Committee’s instructions, and

(b) The suspension is not due to the Contractor's default.

11.9 Prolonged Suspension

If suspension under above Clause, has continued for more than eighty four (84) days,

and the suspension is not due to the Contractor's default, the Contractor may, by notice

to the Procurement Committee or the Employer, require permission to proceed within

twenty eight (28) days.

If permission is not granted within that time, the Contractor may treat the suspension

as an omission under the Conditions of Contract or if the suspension affects the whole

of the Works, terminate the Contract.

11.10 Resumption of Work

If the Contractor chooses not to treat prolonged suspension as an omission or

termination under the Conditions of Contract, the Employer shall upon the request of

the Contractor, take over the responsibility for protection, storage, security and

insurance of the suspended Works and of the Goods which has been delivered to the

Site, and risk of loss or damage thereto shall thereupon pass to the Employer.

After receipt of permission or an order to proceed, the Contractor, shall after due notice

to the Procurement Committee, examine the Works and the Goods affected by the

suspension. The Contractor shall make good any deterioration or defect in or loss of

the Works or Goods that may have occurred during the suspension. Cost properly

incurred by the Contractor which would not have been incurred but for the suspension

shall be added to the Contract Price.

The Contractor shall not be entitled to payment for costs incurred in making good any

deterioration, defect or loss caused by faulty workmanship or materials or by the

Contractor's failure to take the measures for protecting and securing the Works or

Goods during suspension.

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Completion

12.4 Time for Completion

The Works (Supply and Installation of Goods) at the specified place of the work

mentioned in the Conditions of Contract / Bidding Documents shall be completed,

tested and commissioned within the stipulated period mentioned in Conditions of

Contract / Bidding Documents.

12.5 Extension of Time for Completion

The Contractor may claim an extension of the Time for Completion if he is or will be

delayed in completing the Works by any of the following causes:

(a) Extra or additional work ordered in writing under Conditions of Contract,

(b) Exceptional adverse weather conditions,

(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,

(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,

(e) The failure of the Employer to fulfill any of his obligations under the Contract,

(f) Delay by any other contractor engaged by the Employer,

(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,

(h) Force Majeure.

The Contractor shall give to the Employer or Procurement Committee notice of his

intention to make a claim for an extension of time within fourteen (14) days of the

circumstances for such a claim becoming known to the Contractor. The notice shall be

followed as soon as possible by the claim with full supporting details.

The Employer or the Procurement Committee, after due consultation with the

Employer, shall grant the Contractor from time to time, either prospectively or

retrospectively, such extension of Time for Completions as may be justified. In case of

time extension by Procurement Committee, it shall notify the Employer and the

Contractor accordingly.

The Contractor shall be entitled to such extension whether the delay occurs before or

after the Time for Completion.

12.6 Delay in Completion

If the Contractor fails to deliver the Works or any part thereof, within the stipulated time

period under the Conditions of Contract or fails to complete the whole of the Work, or,

if applicable, any Section thereof within the relevant time prescribed by Conditions of

Contract, then the Contractor shall pay to the Employer the relevant sum stated herein

below as liquidated damages for such default (which sum shall be the only moneys

due from the Contractor for such default) for every day or part of a day which shall

elapse between the relevant time for Delivery or Time for Completion and the actual

date of delivery at site or the date stated in a Receipt Certificate of the whole of the

Works or the relevant Section, as the case may be, subject to the applicable limit stated

herein below.

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The Employer may deduct the amount of such damages from any monies due or to

become due to the Contractor. The payment or deduction of such damages shall not

relieve the Contractor from his obligation to complete the Works, or from any other of

his obligations and liabilities under the Contract.

The liquidated damages for each day of delay and the maximum amount of liquidated

damages shall be the amounts mentioned in the Special Conditions of Contract

(Special Stipulations).

Taking Over

13.3 Taking Over

The Works shall be deemed “taken over by the Employer” when they have been

completed in accordance with the Contract, have passed the Inspection Tests on

Completion, Procurement Committee has issued the Inspection Certificate and a

Receipt Certificate has been issued or deemed to have been issued in accordance

with Conditions of Contract.

13.4 Receipt Certificate

The Contractor may apply by notice to the Procurement Committee for a Receipt

Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's

opinion, be complete and ready for taking over.

The Procurement Committee shall within twenty eight (28) days after the receipt of the

Contractor's application either:

(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance

Committee stating the date on which the Works were complete and ready for

taking over, or

(b) Reject the application giving his reasons and specifying the work required to

be done by the Contractor to enable the Receipt Certificate to be issued.

If the Procurement Committee fails either to issue the Receipt Certificate or to reject

the Contractor's application within the period of twenty eight (28) days, the Contractor

shall give notice to the Employer. In case no action is taken by the Employer to issue

the Receipt Certificate or reject the Contractor’s application within the period of twenty

eight (28) days, it shall be deemed that Procurement Committee has issued the

Receipt Certificate on the last day of Contractor’s notice time period before the

Employer.

Defects after Taking Over

14.8 Defects Liability Period

Defects Liability Period shall be as mentioned in the Special Conditions of Contract

(Special Stipulations). The Contractor shall be responsible of making good any defect

in or damage to any part of the Goods / Installation of Goods which may appear or

occur during the Defects Liability Period and which arises from, either:

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(a) Any defective equipment, materials, workmanship or design, or

(b) Any act or omission of the Contractor during the Defects Liability Period.

The Contractor shall make good the Defects or damage as soon as practicable and at

his own cost.

14.9 Notice of Defects

If any such defect appears or damage occurs, the Employer or the Procurement

Committee shall forthwith notify the Contractor thereof.

14.10 Extension of Defects Liability Period

The provision of this Clause shall apply to all replacements or renewals carried out by

the Contractor as if the replacements and renewals had been taken over on the date

they were completed.

The Defects Liability Period for the Works shall be extended by a period equal to the

period during which the Works cannot be used by reason of a defect or damage. If only

part of the Works cannot be used by reason of a defect, the Defect Liability Period shall

be extended only for that part.

In neither case shall the Defects Liability Period be extended by further more than one

year.

When installation or delivery of Goods has been suspended under the Conditions of

Contract, the Contractor's obligations under this Clause shall not apply to any defects

occurring more than three years after it would have been delivered but for the

suspension or such period as may be mutually agreed period.

14.11 Failure to Remedy Defects

If the Contractor fails to remedy a defect or damage within a reasonable time fixed by

the Procurement Committee, the Employer may fix a final time for remedying the defect

or damage.

If the Contractor fails to do so, the Employer may:

(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or

(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or

(c) If the defect or damage is such that the Employer has been deprived of

substantially the whole of the benefit of the Works (supply and installation of

Goods) or a part thereof, he may terminate the Contract in respect of such parts

of the Works as cannot be put to the intended use. The Employer shall to the

exclusion of any remedy under the Conditions of Contract be entitled to recover

all sums paid in respect of such parts of the Works together with the cost of

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dismantling the same, clearing the Site and returning Goods to the Contractor

or otherwise disposing of it in accordance with the Contractor's instructions.

14.12 Removal of Defective Work

If the defect of damage is such that repairs cannot be expeditiously carried out on the

Site, the Contractor may with the consent of the Procurement Committee or the

Employer remove from the Site for the purposes of repair any part of the Goods /

Equipment which is defective or damaged.

14.13 Right of Access

Until the Final Payment has been made, the Contractor shall have the right of access

to all parts of the Works and to records of the working and performance of the Works.

14.14 Guarantee / Warranty Period

When the Guarantee / Warrantee Period for the Goods or any part thereof has expired

and the Contractor has fulfilled all his obligations under the Contract, Procurement

Committee shall issue within twenty eight (28) days to the Employer and the Contractor

a Guarantee / Warranty Relieving Certificate to that effect.

Variations

15.4 Employer and Procurement Committee’s Right to Vary

The Employer or Procurement Committee may, by Variation Order to the Contractor

at any time before the Works are taken over, instruct the Contractor to alter, amend,

omit, add to or otherwise vary any part of the Works (supply and installation of Goods).

The Contractor shall not vary or alter any of the Works, except in accordance with a

Variation Order from the Employer or Procurement Committee.

15.5 Variation Order Procedure

Prior to any Variation Order under Clause referred to above, the Employer or

Procurement Committee, as the case may be, shall notify the Contractor of the nature

and form of such variation.

Following the receipt of the Contractor's submission, the Procurement Committee

shall, after due consultation with the Employer and the Contractor, decide as soon as

possible whether or not the variation shall be carried out.

If the Procurement Committee decides that the variation shall be carried out, he shall

issue a Variation Order clearly identified as such in accordance with the Contractor's

submission or as modified by agreement.

15.6 Contractor to Proceed

On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the

variation and be bound to these Conditions in so doing as if such variation was stated

in the Contract. The delivery time may be extended by mutual consent of the parties,

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as a result of Variation Order. The work shall not be delayed pending the granting of

an extension of the Time for Completion.

Ownership of Goods

16.2 Ownership of Goods

Goods (Equipment) to be supplied pursuant to the Contract shall become the property

of the Employer at the time whichever is the earlier of the following times:

(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled

to payment of the value of the Goods.

Certificates and Payment

17.7 Terms of Payment

The terms of payment shall be as stated in the Form of Contract Agreement.

17.8 Method of Application

The Contractor shall submit to the Finance Committee of Directorate General Sports /

Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in

such form as the Finance Committee may from time to time prescribe.

The Finance Committee shall examine such Invoices within fourteen (14) days after

receiving Invoices. If the invoice amount is not accepted by the Finance Committee,

the disputed amount which is retained, shall be communicated, giving the reasons in

writing, to the Contractor within the same time.

17.9 Corrections to Invoices of Payment

The Finance Committee may in any invoice of payment make any correction or

modification that should properly be made in respect of any previous invoice.

17.10 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any

condition of Contract, be paid by the Employer to the Contractor by verifying the

payment within thirty (30) days of the receipt of such invoice. In case of the Final

Payment, it shall be paid by verifying the payment within sixty (60) days after receipt

of Final Bill / Invoice from the Contractor.

Deduction shall be made from the net amounts payable to the Contractor of any sum(s)

in accordance with the prevalent Federal and / or Provincial laws, provided that no

such deduction shall be made from those payments in respect of which the Contractor

has obtained exemption under the Law.

17.11 Withholding of Payment

If the Works or any parts thereof are not being carried out to the Procurement

Committee’s satisfaction and in order to protect the Employer from loss on account of:

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(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the

Government

The Finance Committee may notify withholding of such payments or part thereof as

may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons

/ grounds for withholding the payment are removed by the Contractor, the Finance

Committee shall upon being satisfied to that effect release payment.

17.12 Invoices and Receipts

The Contractor shall, when required by the Employer / Finance Committee, produce

quotations, invoices, vouchers and accounts or receipts in connection with expenditure

in respect of Provisional Sums.

Risk and Responsibility

18.8 Allocation of Risk and Responsibility

The Risks of loss or damage to physical property and of death and personal injury

which arise in consequence of the performance of the Contract shall be allocated

between the Employer and the Contractor as follows:

(a) The Employer: the Employer’s Risks as specified herein below.

(b) The Contractor: the Contractor's Risks as specified herein below.

18.9 Employer's Risks

“The Employer's Risks are:

(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;

(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;

(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.

(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.

18.10 Contractor's Risks

The Contractor's Risks are all risks other than those identified as the Employer's Risks.

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18.11 Contractor's Responsibility for the Care of the Works

The Contractor shall be responsible for the care of the Works / Goods or any Section

thereof from the Commencement until the Delivery Date (issuing date of Certificate of

Receipt) applicable thereto under the Conditions of Contract.

The Contractor shall also be responsible for the care of any part of the Works / Goods

upon which any outstanding work is being performed by the Contractor during the

Defects Liability Period until completion of such outstanding work.

18.12 Risk Transfer Date

The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a

Section thereof is the earliest of either:

(c) The date of issue of the Receipt Certificate, or

(d) The date of expiry of the notice of termination when the Contract is terminated

by the Employer or the Contractor in accordance with these Conditions.

18.13 Loss or Damage before Risk Transfer Date

Loss of or damage to the Works (Supply and Installation of Goods) or any Section

thereof occurring before the Risk Transfer Date shall:

(c) To the extent caused by any of the Contractor's Risks, be made good forthwith

by the Contractor at his own cost, and

(d) To the extent caused by any of the Employer's Risks, be made good by the

Contractor at the Employer's expense if so required by the Procurement

Committee within twenty eight (28) days after the occurrence of the loss or

damage. The price for making good such loss and damage shall be in all

circumstances reasonable and shall be agreed by the Procurement Committee

and the Contractor, or in the absence of agreement, shall be fixed by

Procurement Committee in consultation and approval of the Employer.

18.14 Loss or Damage after Risk Transfer Date

After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage

to any part of the Works shall, except in the case of Gross Misconduct, be limited:

(a) To the fulfillment of the Contractor's obligations under the Conditions of

Contract in respect of defects therein, and

(b) To making good forthwith loss or damage caused by the Contractor during the

Defects Liability Period.

Damage to Property and Injury to Persons

19.4 Contractor's Liability

Except as provided under Clause referred to above, the Contractor shall be liable for

and shall indemnify the Employer against all losses, expenses and claims in respect

of any loss of or damage to physical property (other than the Works), death or personal

59

injury occurring before the issue of the last Defects Liability Certificate to the extent

caused by:

(a) Defective design, material or workmanship of the Contractor, or

(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.

19.5 Employer's Liability

The Employer shall be liable for and shall indemnify the Contractor against all losses,

expenses or claims in respect of loss of or damage to any physical property or of death

or personal injury whenever occurring, to the extent caused by any of the Employer's

Risks.

19.6 Accidents

The Contractor shall be liable for and shall indemnify the Employer against all losses,

expenses or claims arising in connection with the death of or injury to any person

employed by the Contractor for the purposes of the Works (Supply and Installation of

Goods), unless caused by any acts or defaults of the Employer, or other contractors

engaged by the Employer or by their respective employees or agents. In the later

cases, the Employer shall be liable for and shall indemnify the Contractor against all

losses, expenses and claims arising in connection therewith.

Force Majeure

20.6 Definition of Force Majeure

Force Majeure means any circumstances beyond the control of the parties, including

but not limited to:

(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,

(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,

(c) Rebellion, revolution, insurrection, military or usurped power and civil war,

(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.

20.7 Effect of Force Majeure

Neither party shall be considered to be in default or in breach of his obligations under

the Contract to the extent that performance of such obligations is prevented by any

circumstances of Force Majeure which arise after the date of the Letter of Acceptance

(Work Order) or the date when the Contract becomes effective, whichever is the

earlier.

20.8 Notice of Occurrence

If either party considers that any circumstances of Force Majeure have occurred which

may affect performance of his obligations he shall promptly notify the other party and

the Procurement Committee thereof.

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20.9 Performance to Continue

Upon the occurrence of any circumstances of Force Majeure, the Contractor shall

endeavour to continue to perform his obligations under the Contract so far as

reasonably practicable. The Contractor shall notify the Procurement Committee of the

steps he proposes to take including any reasonable alternative means for performance

which is not prevented by Force Majeure. The Contractor shall not take any such steps

unless directed so to do by the Procurement Committee.

20.10 Payment on Termination for Force Majeure

If the Contract is terminated under above referred Clause, the Contractor shall be paid

the value of the work done.

Default

21.4 Notice of Default

If the Contractor is not executing the Works in accordance with the Contract or is

neglecting to perform his obligations there under so as seriously to affect the carrying

out of the Works, the Employer or Procurement Committee may give notice to the

Contractor requiring him to make good such failure or neglect.

21.5 Contractor's Default

If the Contractor:

(a) Has failed to comply within a reasonable time with a notice under Clause

referred to above, or

(b) Assigns the Contract or subcontracts the Works without the Employer's written

consent, or

(c) Becomes bankrupt or insolvent, has a receiving order made against him or

compounds with his creditors, or carries on business under a receiver, trustee

or manager for the benefit of his creditors or goes into liquidation.

The Employer may, after having given seven (7) days notice to the Contractor,

terminate the Contract and expel the Contractor from the Site.

Any such expulsion and termination shall be without prejudice to any other rights or

powers of the Employer or Procurement Committee under the Contract.

The Employer may upon such termination complete the Works (supply and installation

of Goods) himself or by any other contractor, at the risk & cost of the Contractor.

21.6 Payment after Termination

The Employer shall not be liable to make any further payments to the Contractor until

the Works have been completed. When the works are so complete, the Employers

shall be entitled to recover from the Contractor the extra costs, if any, of completing

the Works. The contractor shall be allowed only such sum for the value of Works done

by him prior to termination of contract and certified by the Procurement Committee.

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Customs / Import Duties and Other Taxation

22.3 Customs / Import Duties and other Taxation

The Contractor shall pay all customs, import duties and taxes in consequence of the

importation of Goods. The rates and prices quoted by the Contractor in the Financial

Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,

Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well

as fees charge for services provided under this Contract. The taxation is leviable as

per Income Tax Laws issued by the Government of Pakistan and applicable laws of

the Country.

22.4 Clearance through Customs

The Contractor shall be responsible for clearance of all Goods to be supplied under

the Contract. However, the Employer may assist the Contractor in obtaining clearance

through the customs of Goods.

Notices

23.4 Notices to Contractor

All certificates, notices or written orders to be given to the Contractor by the Employer

or the Procurement Committee under these Conditions shall be sent by either of the

means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's

principal place of business or such other address as the Contractor shall nominate for

that purpose, or may be handed over to the Contractor's representative.

23.5 Notice to Employer and Procurement Committee or Finance Committee or

Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee

Any notice to be given to the Employer or to the Procurement Committee / Finance

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee under these Conditions shall be sent by Airmail Post, Courier Service, or

to be delivered & got received at the respective addresses nominated for that purpose

by the Employer in the Form of Contract.

23.6 Minutes of Meetings

Instructions or notices from the Employer to the Contractor and notices from the

Contractor to the Employer recorded in a minute or protocol signed by the authorized

representatives of the giver and recipient of such notice or instruction shall be valid

notice or instruction for the purposes of the Contract.

Disputes and Arbitration

24.4 If a dispute of any kind whatsoever arises between the Employer and the Contractor

in connection with, or arising out of, the Contract or the execution of the Works, whether

during the execution of the Works or after their completion and whether before or after

repudiation or other termination of the Contract, including any dispute as to any

opinion, instruction, determination, certificate or valuation of the Procurement

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee / Finance Committee, the matter in dispute shall, in the first place, be

referred in writing to the Verification Committee, with a copy to the other party. Such

reference shall state that it is made pursuant to this Clause. No later than the fifty sixth

(56) day after the day on which he received such reference, the Verification Committee

shall give notice of his decision to the Employer and the Contractor. Such decision

shall state that it is made pursuant to this Clause.

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Unless the Contract has already been repudiated or terminated, the Contractor shall,

in every case, continue to proceed with the Work with all due diligence, and the

Contractor and the Employer shall give effect forthwith to every such decision of the

Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee or Finance Committee unless and until the same shall be

revised, as hereinafter provided in an amicable settlement or in an arbitral award.

In any case where the Conditions of Contract provide that the decision of the

Verification Committee is to be final and conclusive, such decision shall not be

referable to arbitration under this Clause nor shall the same be questioned in any other

form of proceedings whatsoever.

24.5 If either the Employer or the Contractor be dissatisfied with a decision of the

Verification Committee or if the Verification Committee fails to give notice of his

decision on or before the fifty sixth (56) day after the day on which he received the

reference, then either the Employer or the Contractor may, on or before the twenty

eighth (28) day after the day on which the said period of fifty six (56) days expired, as

the case may be, give notice to the other party to commence arbitration, as hereinafter

provided, as to the matter in dispute. Such notice shall establish the entitlement of the

party giving the same to commence arbitration, under the provisions of Arbitration Act,

1940, as to such dispute and, subject to Clause referred to above, no arbitration in

respect thereof may be commenced unless such notice is given.

If the Verification Committee has given notice of his decision as to a matter in dispute

to the Employer and the Contractor and no notification of intention to commence

arbitration as to such dispute has been given by either the Employer or the Contractor

on or before the twenty eighth (28) day after the day on which the parties received

notice as to such decision from the Verification Committee, the said decision shall

become final and binding upon the Employer and the Contractor.

24.6 Where notice of intention to commence arbitration as to a dispute has been given in

accordance with Clause referred to above, arbitration of such dispute shall not be

commenced unless an attempt has first been made by the parties to settle such dispute

amicably through mutual negotiation within ninety (90) days from the date of

notification of Verification Committee’s decision.

Law and Procedure

25.3 Applicable Law

The law which is to apply to the Contract and under which the Contract is to be

construed is the laws of Islamic Republic of Pakistan.

25.4 Details to be Confidential

The Contractor shall treat the details of the Contract as private and confidential and

shall not publish or disclose the same or any particulars thereof in any trade or

technical paper or elsewhere without the prior consent in writing of the Employer. If

any dispute arises as to the necessity of any publication or disclosure for the purpose

of the Contract, the decision of Employer shall be final.

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SPECIAL CONDITIONS OF CONTRACT

(SPECIAL STIPULATIONS)

1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).

2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).

3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).

4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).

5. Defects Liability Period 90 days from the effective date of Receipt Certificate.

6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)

5% of Contract Price stated in the Letter of Acceptance (Work Order).

7. Payment Schedule On Supply of Complete consignment for a site (Gymnasium) under the contract agreement.

8. Currency of Payment Pak Rupees.

9. Guarantee / Warranty Period 03 years from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).

64

SECTION - 5

SPECIFICATIONS AND PERFORMANCE CRITERIA

FOR SUPPLY OF FURNITURE ITEMS

65

SPECIFICATIONS OF FURNITURE ITEMS.

a. The specifications given in Technical and Financial

Proposals subject to any modification by the Employer, shall

be strictly adhered to by the Bidder.

b. Brand Name, Company Name and Specifications of the

offered Goods should be clearly mentioned.

66

SECTION-6

LIST OF GOODS / SERVICES (BILL OF QUANTITIES)

FOR SUPPLY OF FURNITURE ITEMS

67

LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF FURNITURE ITEMS

• The quantity of Furniture Items is required for the following 5 sites:-

i. Tehsil Level Gymnasium at Chak Jhumra, District Faisalabad.

ii. Tehsil Level Gymnasium at Jarranwala, District Faisalabad.

iii. Tehsil Level Gymnasium at Shoor Kot, District Jhang.

iv. Tehsil Level Gymnasiums at Hasilpur, District Bahawalpur.

v. Tehsil Level Gymnasiums at Haroonabaad, District Bahawalnagar.

• The quantity required for each site is as under:-

Sr. # Item Description Quantity for One Site

1.

• Office Table Size 5’-0”x 2’-9”x 2’-6”,

• With computer side rack Size 3’-6” x 1’-6” x 2’-6” having sliding Keyboard Tray, CPU section and three lockable drawers with central locking system,

• Complete structure made of High Pressure (700-Densty) Melamine Laminated Board, Matching PVC Edging.

04

2.

• Revolving Chair, High Back, • Imported, • PP Padded Arms, • Nylon five star hydraulic base with Twin Disk

Casters, • Seat and Back upholstered in Black Mesh

fabric.

04

3.

• Visitor Chair with arms,

• Mild Steel round pipe chrome plated frame,

• Seat and Back in Polyproline black shell and upholstered in black mesh fabric.

16

4.

• Sofa 2-Seater with Arms,

• Stainless steel round pipe feet,

• Keekar wood frame inside,

• Arms and structure upholstered in dark brown imported leatherite,

• Seat and Back upholstered in Polyproline yarn fire redundant fabric.

04

5.

• Center Table Size: 3’-6”×1’-9”×1’-6”,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.

04

68

Sr. # Item Description Quantity for One Site

6.

• Box File Cabinet Size 3’-6” x 1’-3” x 6’-0” having lockable panels with shelves,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging.

04

7.

• File Cabinet (Iron / Metallic),

• Box File Cabinet Size: 3’-0” × 1’-3” × 6’-0”

• With Lockable Panels with Shelves (Hammer Paint)

04

8.

• Computer Table Size: 4’-0” ×2’-6”×2’-6”,

• Having One Fix Drawer, Sliding Keyboard Tray and CPU section,

• UPS Moveable Tray 1’-6” x 10”,

• Complete structure made of High Pressure (700-Densty) Melamine laminated board, matching PVC edging

04

9.

• Computer Revolving Chair,

• Imported,

• Tilt lockable mechanism,

• PP arms and Nylon star hydraulic base with Disk Casters,

• Seat and Back upholstered in black mesh fabric.

04

10.

• Locker Cabinet Size 3’-0” x 1’-6” x 6’-0”

• Consisting six (06) pieces, each containing six (06) lockers,

• Each Locker size 11” x 18” x 22” deep,

• Mild Steel prime quality Cold Rolled Silver Powder Coated Sheet.

01

11.

• Bench Three Seater without Arms,

• Mild Steel Round Pipe / Sheet Silver Powder Coated Frame,

• Seat and Back in perforated silver powder coated sheet.

10

12.

• Visitor Chair with Arms,

• Mild Steel Round Pipe chrome plated frame,

• Seat and Back Polyproline Black Shell and upholstered in black mesh fabric.

40

(Note: Procurement Committee will have the right to delete any item or to

enhance or decrease the quantity of any item of procurement).

69

SECTION - 7

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

FOR SUPPLY OF FURNITURE ITEMS

70

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

SUPPLY OF FURNITURE ITEMS

1 Delivery Time: (Time of Completion)

Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.

2 Completion Schedule:

(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.

71

SECTION - 8

ESTIMATED COST

FOR SUPPLY OF FURNITURE ITEMS

72

ESTIMATED COST

FOR SUPPLY OF FURNITURE ITEMS

Sr. No.

Description of Goods Estimated Cost for 1

Site

Total Estimated Cost for 5 Sites

1. Supply of Furniture Items 1,178,000 ,000908,5

NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security (2%

of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the total Estimated

Cost. 3. Financial Proposal (Bid) of a Bidder shall be considered responsive and

acceptable only if 2% Bid Security for Total Estimate Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.

73

SECTION -9

EVALUATION CRITERIA

74

SPORTS BOARD PUNJAB

LAHORE

EVALUATION CRITERIA

SUPPLY OF FURNITURE ITEMS

Technical Proposal shall be evaluated as per Evaluation Criteria

described in these Bidding Documents.

Financial Proposals of only responsive Bidders shall be opened and

evaluated. The Financial Proposal shall be assessed/ evaluated on

the basis of Lowest Evaluated Bid of each item of procurement.

75

SECTION - 10

FORMAT OF SECURITIES REQUIRED

76

INDEMNITY BOND FOR GUARANTEED PERFORMANCE

(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of Furniture Items on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:

for………………………………… (Signature with Name and Designation)

(Indemnifier) Firm / Company Seal

Witness: 1………………………………….………..…… Signature with Name, Designation & Address.

2………………………………….………..…… Signature with Name, Designation & Address.

77

SECTION - 11

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS (EQUIPMENT)

78

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS.

All Terms and Conditions along with Specifications of Tender Documents

(Bidding Documents) shall be applicable in assessing the quality of

supplied Goods (Equipment).

1

SPORTS BOARD PUNJAB LAHORE

SUPPLY OF I.T EQUIPMENT ITEMS

TEHSIL LEVEL GYMNASIUMS AT

1. Chak Jhumra (District Faisalabad)

2. Jarranwala (District Faisalabad)

3. Shor Kot (District Jhang)

4. Hasilpur (District Bahawalpur)

5. Haroonabaad (District Bahawalnagar).

(DIRECTORATE GENERAL SPORTS /

SPORTS BOARD PUNJAB)

January 2020

TENDER DOCUMENTS

(BIDDING DOCUMENTS)

2

SECTION-1

INVITATION

TO BID

3

SECTION 1: INVITATION TO BID

Date: 23.01.2020

1. “Employer” The Director General / Secretary Sports Board Punjab, National

Hockey Stadium, Ferozepur Road, Lahore.

2. The Employer invites sealed bids from the interested Firms / Companies /

Institutions for Supply of I.T Equipment Items.

3. The procurement procedure adopted will be “Single stage Two envelops”

as prescribed under the PPRA Rules, 2014.

4. The Bid shall be a single package consisting of two sealed envelopes,

containing the Technical Proposal and Financial Proposal, for each of the

Item procurement.

5. The above referred envelops shall be clearly marked as Technical Proposal

and Financial Proposal followed by the name of assignment / procurement

and properly sealed. This outer envelope shall be sealed bear the submission

address and title of the assignment.

6. Bidders may obtain further information from, inspect at and acquire the

Bidding Document from the office of Deputy Director (Planning), office of

Directorate General Sports Punjab, Lahore Ph. # 042-99232504.

7. A complete set of Tender Document (Bidding Document) may be obtained by

Interested Bidder on submission of a written request along-with cash deposit

of Rs. 2,000/- to the above office, by or before 20th February, 2020 at

02:00 pm.

8. All Bids / Financial Proposals must be accomplished by earnest money (Bid

Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a

Scheduled Bank in Pakistan / Guarantee issued by an Insurance

Company having at least AA rating from PACRA / JCR for an amount of

2%of the Estimated Cost referred hereinafter in the Bidding Documents

for the category of I.T Equipment in favour of “Director General / Secretary

Sports Board Punjab, Lahore”.

9. Tender Document (Bidding Documents) include the following:-

Section 1: Invitation to Bid.

Section 2: Instructions to Bidders (including Special Instructions).

Section 3: Technical and Financial Proposals-Standard Form for Supply of I.T Equipment Items.

4

Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.

Section 5: Specifications and Performance Criteria

Section 6: List of Goods / Services (Bill of Quantities)

Section 7: Delivery time / Completion Schedule

Section 8: Estimated Cost.

Section 9: Evaluation Criteria

Section 10: Format of Securities required

Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.

10. It is mandatory for Tender Document (Bidding Documents) to be made by

using the Standard Forms of these Documents. The Technical and Financial

Proposals that are not in the prescribed format may be discarded. If any

information required in the Forms is found missing or written elsewhere, no

credit will be given in the relevant section of the evaluation.

11. The Bidder must sign and affix Firm / Company stamp on each page of the

Tender Document (Bidding Documents)

12. Tender Document (Bidding Documents) are required to be brought in person

or by the authorized representative of the Bidder on or before

21st February, 2020 at 11:45 am positively in the office of Director Sports

Punjab, National Hockey Stadium, Ferozepur Road, Lahore.

13. The Bids (Technical Proposal) will be opened on the same day i.e.

21st February, 2020 at 12:15 pm, in the presence of Representatives of

Firms / Companies / Institutions who choose to attend the same address.

14. Financial Bids of only those bidders shall be opened which have been found

responsive as a result of assessment / evaluation of Technical Proposals.

5

SECTION-2

INSTRUCTIONS TO BIDDERS

(a) GENERAL INSTRUCTIONS

(b) SPECIAL INSTRUCTIONS

6

(c) GENERAL INSTRUCTIONS

7

INSTRUCTIONS TO BIDDERS AND APPENDICES

(A) GENERAL

IB.1 Scope of Bid and Source of Funds

1.3 Scope of Bid

Director General / Secretary Sports Board Punjab (hereinafter called the

“Employer”) wishes to receive Request for Proposals (Bids) for the scope of

Goods and Services which include, but shall not be limited to Supply of I.T

Equipment Items.

A detailed scope of procurement (supply of goods) has been described

elsewhere in these documents. The successful Bidder will be expected to

supply & install the required goods / services and complete the Work within

the stipulated period (Described in Section “Delivery Time / Completion

Schedule” of the Bidding Documents) after receipt of the Letter of

Acceptance (Work Order) by the successful Bidder, as specified in these

Bidding Documents.

1.2 Source of Funds

The Employer has received funds from the Government of the Punjab and it

is intended that part of the proceeds of the funds will be applied to eligible

payments under the Contract for which these Bidding Documents are issued.

IB.2 Eligible Bidders

2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the

prescribed requirement / criteria mentioned in the Tender Notice and in this

Biding Documents after wide publication in daily newspapers and PPRA

website. Financial Proposals of only those Bidders shall be opened

(considered) who have been found eligible (responsive) as per

mandatory requirement / criteria as a result of assessment of Technical

Proposals.

IB.3 Eligible Goods and Services

3.1 All Goods (Equipment) to be supplied under this Contract shall be of

renowned Brand.

IB.4 Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and

submission of its Bid and the Employer will in no case be responsible or liable

for those costs, regardless of the conduct or outcome of the Bidding process.

(B) BIDDING DOCUMENTS

IB.5 Contents of Bidding Documents

5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to

Bid”.

8

IB.6 Clarification of Bidding Documents

6.3 A prospective Bidder requiring any clarification(s) in respect of the Bidding

Documents may notify the Employer in writing or by fax at the address as

provided under the Tender Notice (Invitation to Bid). Employer will examine

the request for clarification of the Bidding Documents which it receives not

later than three (3) days prior to the deadline for the submission of bids and

if needed will issue the clarification / amendment of the Bidding Documents

(without identifying the source of enquiry) to all prospective Bidders who have

obtained the Bidding Documents.

IB.7 Amendment of Bidding Documents

7.1 At any time prior to the deadline for submission of bids, the Employer may,

for any reason, whether at his own initiative or in response to a clarification

requested by a prospective Bidder, modify the Bidding Documents by issuing

addendum.

7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant

to Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders

who have obtained the Bidding Documents. Prospective Bidders shall be

intimated of such addendum through TCS, E-mail or by hand. The Bidder

shall also confirm in the Form of Bid that the information contained in such

addenda have been considered in preparing his Bid.

7.3 To afford prospective Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may at its discretion extend

the deadline for submission of Bids.

(C) PREPARATION OF BIDS

IB.8 Language of Bid

8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and

all correspondence and documents relating to the Bid, shall be written in the

English language, provided that if any printed literature furnished by the

Bidder is written in another language then it shall be accompanied by an

English translation of its pertinent passages in which case, for purposes of

interpretation of the Bid, the English translation shall govern.

IB.9 Documents Comprising the Bid

9.1 Tender Document (Bidding Documents) prepared by the Bidder shall

comprise the following components:

(a) Covering Letter

(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.

9

(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.

(d) Bid Security furnished in accordance with these Instructions.

(e) Power of Attorney in accordance with these Instructions.

(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.

IB.10 Bid Prices

10.1 The Bidder shall fill up the Schedule of Prices attached to these documents

indicating the unit rates including the services to be performed under the

Contract. Prices on the Schedule of Prices shall be entered keeping in view

the instructions contained in the Preamble to the Schedule of Prices.

10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services

described in the Schedule of Prices. Items against which no rate or price is

entered by a Bidder will not be paid for by the Employer when executed and

shall be deemed covered by rates and prices for other items in the Schedule

of Prices.

10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by

the Bidder shall remain fixed during the Bidder’s performance of the Contract

and not subject to variation on any account. When the Bidders are required

to quote only fixed price(s), a Bid submitted with an adjustable price quotation

will be treated as non-responsive.

10.4 Any discount offered shall be valid for at least the period of validity of the Bid.

A discount valid for lesser period shall be considered null and void.

IB.11 Currencies of Bid

11.5 Prices shall be quoted in the currency of Pakistan (Pak rupees).

11.6 The currency of payment shall be in Pak Rupees.

IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding

Documents

12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility

and conformity to the Bidding Documents of all Goods and Services which

Bidder proposes to perform under the Contract.

12.2 The documentary evidence of the Goods / Services eligibility shall establish

to the Employer’s satisfaction. Such documentary evidence shall include the

documents / information as specifically required in the Tender Document

(Bidding Documents) Forms, the compliance thereof will only establish

Employer’s satisfaction under this Clause.

10

12.3 The documentary evidence of the Goods and Services’ conformity to the

Bidding Documents shall also be required in the form of literature, drawings,

catalogues and data relating to the goods and services.

12.4 A clause-by-clause commentary on Biding requirements shall be provided

with the Bidding Documents, demonstrating the Goods and Service’s

substantial responsiveness to those Specifications or a statement of

deviations and exceptions to the provisions of the Technical Provisions as

required in Bidding Documents.

IB.13 Bid Security

13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount

of 2% of the estimated cost referred hereinafter for the category of I.T

Equipment.

13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit

at Call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank in

Pakistan / Guarantee issued by an Insurance Company having at least AA

rating from PACRA / JCR for an amount of 2% in favour of the Employer valid

for a period of twenty eight (28) days beyond the bid validity date.

13.3 The Bid Security is required to protect the Employer against the risk of

Bidder’s conduct which would warrant the security’s forfeiture.

13.4 Any Bid not accompanied by an acceptable Bid Security shall be

considered by the Employer as non-responsive.

13.5 The Bid securities of unsuccessful Bidders will be returned upon award of

contract to the successful Bidder or on the expiry of validity of Bid Security

whichever is earlier.

13.6 The Bid Security of the successful Bidder will be returned when the Bidder

has furnished the required Performance Security. If required pursuant to the

clauses of these Instructions and signed the Contract Agreement if no

performance security is required, then the bid security shall be returned after

the completion of work under the Contract Agreement.

13.7 The Bid Security may be forfeited:

(a) If a Bidder withdraws his Bid during the period of Bid validity;

(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or

(c) In the case of a successful Bidder, if he fails to:

(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or

(ii) Sign the Contract Agreement, in accordance with the clauses herein below.

IB.14 Validity of Bids

14.1 Bids shall remain valid for 90 days after the date of Bid opening.

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14.2 In exceptional circumstances prior to expiry of original Bid validity period, the

Employer may request the Bidders to extend the period of validity for a

specified additional period which shall in no case be more than the original

Bid validity period. The request and the responses thereto shall be made in

writing. A Bidder may refuse the request without forfeiture of his Bid Security.

A Bidder agreeing to the request will be required to extend the validity of his

Bid Security for the period of such extension as agreed.

IB.15 Format and Signing of Bid

15.1 Bidders are particularly directed that the amount entered on the Form of Bid

shall be for performing the Contract strictly in accordance with the Bidding

Documents.

15.2 All Schedules to Bid are to be properly completed and signed.

15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto

except in filling up the blanks as directed. If any alteration is made or if these

instructions are not fully complied with, the Bid may be rejected.

15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the

documents comprising the bid as described under these Instructions and

clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of

discrepancy between them, the original shall prevail.

15.5 The original and all copies of the Bid shall be typed or written in indelible ink

and shall be signed by a person or persons duly authorized to sign (in the

case of copies, Photostats are also acceptable). This shall be indicated by

submitting a written Power of Attorney authorizing the signatory of the Bidder

to act for and on behalf of the Bidder. All pages of the Bid and Schedules

to Bid shall be initialed and stamped by the person or persons signing

the Bid.

15.6 The Bid shall contain no alterations, omissions or additions, except to comply

with instructions issued by the Employer, or as are necessary to correct errors

made by the Bidder, in which case such corrections shall be initialed by the

person or persons signing the Bid.

15.7 Bidders shall indicate in the space provided in the Form of Bid their full and

proper addresses at which Notices may be legally served on them and to

which all correspondence in connection with their Bids and the Contract is to

be sent.

15.8 Bidders should retain a copy of the Bidding Documents as their file copy.

(D) SUBMISSION OF BIDS

IB.16 Sealing and Marking of Bids

16.1 Each Bidder shall submit his Bid as under:

(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.

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(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.

16.2 The inner and outer envelopes shall;

(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.

(b) Bear the Work Name and date of opening of Bid.

(c) Provide a warning not to open before the time and date for Bid opening.

16.3 The Bid shall be delivered in person or through an authorized representative

or sent by registered mail at the address to Employer as mentioned in the

Invitation to Bids.

16.4 In addition to the identification required in Sub-Clause referred 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 these

Instructions to Bidders.

16.5 If the outer envelope is not sealed and marked as above, the Employer will

assume no responsibility for the misplacement or premature opening of the

Bid.

IB.17 Deadline for Submission of Bids

17.1 (a) Bids must be received by the Employer at the address specified in

Invitation for Bids not later than the time and date stipulated in the

Invitation for Bids.

(b) Bids with charges payable will not be accepted, nor will arrangements

be undertaken to collect the Bids from any delivery point other than

that specified above. Bidders shall bear all expenses incurred in the

preparation and delivery of Bids.

(c) Upon request, acknowledgment of receipt of Bids will be provided to

those making delivery in person or by representative.

17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.

17.3 The Employer may, at his discretion, extend the deadline for submission of

Bids by issuing an addendum in accordance with these Instructions to

Bidders, in which case all rights and obligations of the Employer and the

Bidders previously subject to the original deadline will thereafter be subject to

the deadline as extended.

IB.18 Late Bids

18.1 (a) Any Bid received by the Employer after the dead line for submission of

Bids prescribed in these Instructions to Bidders / Invitation to Bid will

be returned unopened to such Bidder.

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(b) Delays of person in transit or delivery of a Bid to the wrong office shall

not be accepted as an excuse for failure to deliver a Bid at the proper

place and time. It shall be the Bidder’s responsibility to determine the

manner in which timely delivery of his Bid will be accomplished either

in person or by authorized representative or through registered post.

IB.19 Modification, Substitution and Withdrawal of Bids

19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission

provided that modification, substitution or written notice of the withdrawal is

received by the Employer prior to the deadline for submission of Bids.

19.2 The modification, substitution or withdrawal of any Bid shall be prepared,

sealed, marked and delivered in accordance with the provisions of these

Instructions of Bidders with the outer and inner envelopes additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

19.3 Withdrawal of a Bid during the interval between the deadline for submission

of Bids and the expiration of the period of Bid validity specified in the Form of

Bid may result in forfeiture of the Bid Security pursuant to the clauses of these

Instructions to Bidders.

(E) BID OPENING AND EVALUATION

IB.20 Bid Opening

20.1 A Committee consisting of nominated members by the Employer will open the

Bids, including withdrawals, substitution and modifications made pursuant to

the clauses of these Instructions to Bidders, in the presence of Bidders’

representatives who choose to attend, at the time, date and location

stipulated in the Invitation for Bids.

The Bidders’ representatives who are present shall sign on the Attendance

Sheet evidencing their attendance.

20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”

shall be opened and read out first and the name of the Bidder shall be read

out. Bids for which an acceptable notice of withdrawal has been submitted

pursuant to the clauses of these Instructions to Bidders, shall not be opened.

20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid

modifications, substitutions and withdrawals, the presence or absence of Bid

Security, and such other details as the Employer at its discretion may

consider appropriate, will be announced by the Employer at the Bid opening.

The Employer will record minutes of Bid opening.

Any Bid price or discount which is not recorded in Minutes of Bid opening will

not be taken into account in the evaluation of Bid. Any discount offered by the

Bidder on its quoted prices, shall only be considered if such discount is either

shown on the duly filled-in, signed and stamped Form of Bid / Letter of price

bid or on the Summary Page of the quoted amount for lump sum contract /

bill of quantities as applicable. In case of any discrepancy or difference in the

rate or amount of discount mentioned in the Form of Bid/Letter of price bid

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(as duly filled-in and signed), and on the Summary Page of the Priced BOQ,

the discount shown on the Priced BOQ shall prevail. Discount if offered,

through a separate letter of discount submitted with the Bid, will not be

entertained and shall be considered null & void.

20.4 Discounts offered for lesser period than the Bid validity shall not be

considered in evaluation.

IB.21 Clarification of Bids

21.1 To assist in the examination, evaluation and comparison of Bids, the

Procuring Agency may, at its discretion, ask the Bidder for a clarification of its

Bid. The request for clarification and the response shall be in writing and no

change in the price or substance of the Bid shall be sought, offered or

permitted.

IB.22 Preliminary Examination & Determination of Responsiveness of Bids

22.3 Evaluation Committee constituted for the purpose shall make preliminary

examination and determine the responsiveness of the Bids as follows:

(a) The Evaluation Committee will examine the Bids to determine whether;

(i) The Bid is complete and does not deviate from the scope,

(ii) Any computational errors have been made,

(iii) Required sureties have been furnished,

(iv) The documents have been properly signed,

(v) The Bid is valid till required period,

(vi) The Bid prices are firm during currency of contract if it is a fixed

price bid,

(vii) Completion period offered is within specified limits,

(viii) The Bid does not deviate from basic technical requirements and

specifications mentioned for the goods (equipment); and

(ix) The Bids are generally in order.

(b) A bid is likely not to be considered, if;

(i) it is unsigned,

(ii) its validity is less than specified,

(iii) it is submitted for incomplete scope of work,

(iv) it indicates completion period later than specified,

(v) it indicates that goods and materials to be supplied do not meet

eligibility requirements / specifications,

(vi) it indicates that Bid prices do not include the amount of

applicable taxes, and

(vii) there is alteration in Form of Bid.

(c) A bid will not be considered, if;

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(i) It is not accompanied with bid security,

(ii) It is received after the deadline for submission of Bids,

(iii) It is submitted through fax, telex, telegram or email,

(iv) It indicates that prices quoted are not firm during currency of the

contract whereas the Bidders are required to quote fixed

price(s),

(v) The Bidder refuses to accept arithmetic correction,

(vi) It is materially and substantially different from the Conditions /

Specifications of the Bidding Documents.

It is after review and determination of the responsiveness as per above that

further action on technical evaluation will be taken.

22.2 Arithmetical errors will be rectified on the following basis:

If there is a discrepancy between the unit price and 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 there is a discrepancy between the words and

figures the amount in words shall prevail. If there is a discrepancy between

the total Bid price entered in Form of Price Bid and the total shown in

Schedule of Prices Summary, the amount stated in the Form of Price Bid will

be corrected by the Employer in accordance with the Corrected Schedule of

Prices.

If the Bidder does not accept the corrected amount of Bid, his Bid will be

rejected and his Bid Security forfeited.

22.3 The Employer / Evaluation Committee will determine the substantial

responsiveness of each Bid to the Bidding Documents. For purpose of these

Clauses, a substantially responsive Bid is one which conforms to all the terms

and conditions of the Bidding Documents without material deviations.

A material deviation or reservation is one:

(i) Which affect in any substantial way the scope, quality or performance

of the required supply and installation of goods (equipment);

(ii) Which limits in any substantial way, inconsistent with the Bidding

Documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or

(iii) Whose rectification/adoption would affect unfairly the competitive

position of other Bidders presenting substantially responsive Bids.

22.4 A Bid determined as substantially non-responsive will be rejected and will not

subsequently be made responsive by the Bidder by correction of the non-

conformity.

22.5 Any minor informality or non-conformity or irregularity in a Bid which does not

constitute a material deviation may be waived by Employer, as long as the

waiver does not prejudice or affect the relative ranking of any Bidder.

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IB.23 Detailed Evaluation of Bids

23.1 Only the Bids previously determined to be substantially responsive pursuant

to the clauses of these Instructions to Bidders will be evaluated and compared

in detail by the Employer / Evaluation Committee as per the requirements

given in the evaluation criteria.

23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s

data submitted with the Bid will be compared with the technical features /

criteria of the Goods / Services detailed and prescribed by the Employer in

these documents.

23.3 Bids indicating completion beyond 10 days later than the dates set out in

Conditions of Contract shall not be considered and rejected as

non- responsive.

IB.24 Process to be Confidential

24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact

Employer / Evaluation Committee on any matter relating to its Bid from the

time of the Bid opening to the time the Bid evaluation result is announced by

the Employer.

24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the

Bid evaluation, Bid comparison or Contract Award decisions may result in the

rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a

written complaint not later than fifteen (15) days after the announcement of

the Bid evaluation result; however, mere fact of lodging a complaint shall not

warrant suspension of the procurement process.

(F) AWARD OF CONTRACT

IB.25 Post-Qualification

25.1 The Employer, at any stage of the bid evaluation, having credible reasons for

or prima facie evidence of any defect in supplier’s or contractor’s capacities,

may require the suppliers or contractors to provide information concerning

their professional, technical, financial, legal or managerial competence

whether already pre-qualified:

Provided that such qualification shall only be laid down after recording

reasons therefore in writing. They shall form part of the records of that bid

evaluation report.

25.2 An affirmative determination will be a pre-requisite for award of the Contract

to the lowest evaluated Bidder. A negative determination will result in rejection

of that Bidder’s Bid in which event, Employer will proceed to undertake a

similar determination of the next lowest evaluated Bidder’s capabilities to

perform the Contract satisfactorily.

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IB.26 Award Criteria

26.1 Subject to the clauses of these Instructions to Bidders, the Employer will

award the Contract to the Bidder whose Bid has been determined to be

substantially responsive to the Bidding Documents and who has offered the

lowest evaluated Bid Price, provided that such Bidder has been determined

to be qualified to satisfactorily perform the Contract in accordance with the

provisions of these Instructions to Bidders.

IB.27 Employer’s Right to Vary Quantities

27.1 Employer reserves the right at the time of award of Contract to increase or

decrease the quantity of Goods and Services contained in the Schedule of

Prices without any change in the unit price or other terms and conditions. The

Employer also reserves the right to delete any one or more items of goods

(equipment) and services for which the bid has been called.

IB.28 Employer’s Right to Reject Bids

28.3 Employer reserves the rights to annul the bidding process and reject all Bids,

at any time prior to award of Contract, without thereby incurring any liability

to the affected Bidders or any obligation to inform the affected Bidders of the

grounds for the Employer’s action except that the grounds for its rejection

shall upon request be communicated, to any Bidder who submitted a Bid,

without justification of grounds. Rejection of all Bids shall be notified to all

Bidders promptly.

28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the

Bid evaluation report.

IB.29 Notification of Award

29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the

Employer will notify the successful Bidder in writing (“Letter of Acceptance /

Work Order”) that his Bid has been accepted. This letter shall name the sum

which the Employer will pay the Contractor in consideration of the supply &

installation of required goods and provision of services / facility by the

Contractor as prescribed by the Contract (hereinafter and in the Conditions

of Contract called the “Contract Price”).

29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will

constitute the formation of the Contract, binding the Employer and the

successful Bidder till signing of the formal Contract Agreement (In case the

formal Contract Agreement is not signed by an act of the successful Bidder

or due to some other reason, the letter of Acceptance / Work Order as well

as the terms and conditions of these documents shall be binding and

considered as terms and conditions between the Employer and successful

Bidder).

29.3 Upon furnishing by the successful Bidder of a Performance Security (if

applicable otherwise after signing of the former contract Agreement) the

Employer will promptly notify the other Bidders that their Bids have been

found unsuccessful and return their Bid securities.

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IB.30 Signing of Contract Agreement

30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance

/ Work Order, the successful Bidder shall submit to the Employer the Form

of Contract Agreement provided in the Bidding Documents, duly filled in and

incorporating all agreements between the parties for signing.

30.2 The formal Agreement between the Employer and the successful Bidder shall

be executed within ten (10) days of the receipt of such Form of Contract

Agreement by the Employer from the successful Bidder. The expenses for

executing the Contract Agreement shall be borne by the successful Bidder.

(G) ADDITIONAL (SPECIAL) INSTRUCTIONS

IB.31 Instructions Importance

31.1 Bids shall be prepared and submitted in accordance with the above

Instructions to Bidders including Additional (Special) Instructions which are

provided to assist Bidders in preparing their Bids.

IB.32 Contract Documents

32.1 The Documents which will be included in the Contract are listed in the Form

of Contract Agreement set out in these Bidding Documents.

IB.33 Sufficiency of Bid

33.1 Each Bidder shall satisfy himself before bidding as to the correctness and

sufficiency of his Bid and of the rates and prices entered in the Schedule of

Prices. Except in so far as it is otherwise expressly provided in the Contract,

the rates and prices entered in the Schedule of Price shall cover all his

obligations under the Contract and all matters and things necessary for the

proper completion of the works / supply and installation of goods (equipment).

IB.34 Bidder to inform himself

34.1 The Bidder is advised to obtain for himself at his own cost and responsibility

all information that may be necessary for preparing the Bid and entering into

a Contract for execution of the works / supply and installation of goods

(equipment). This shall include but not be limited to the following:

(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.

(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.

(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.

(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.

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IB.35 Alternate Proposals by Bidder

35.1 If any Bidder may considers that he can offer any advantage to the Employer

by a modification to the designs, specifications or other conditions, he may,

in addition to his Bid to be submitted in strict compliance with the Bidding

Documents, submit any Alternate Proposal(s) containing (a) technical

specifications; and (b) any other relevant details / conditions, provided always

that the total sum entered on the Form of Bid shall be that which represents

complete compliance with the Bidding Documents.

35.2 Alternate Proposal(s): The Goods / Services offered of the specifications

superior to the one specified in these Bidding Documents may be acceptable,

only if alternate proposal is from the lowest bidder.

IB.36 Site Visit and Local Conditions

36.1 Bidder must verify and supplement by his own investigations the

information about site and local conditions. However, Employer will

assist the Bidder wherever practicable and possible.

36.2 All Bidders are required to visit the site at their own expense to review the

areas allocated for the Supply & Installation of Goods (Equipment) and the

interfacing facilities, if any. Bidders shall also study local conditions, available

facilities, communications, craft wages, roads and other transport facilities.

Bidders shall also acquaint themselves with the relevant laws, rules, and

regulations of Pakistan.

36.3 The Bidders and any of their personnel or agents will be granted permission

by the Employer to enter upon his premises and lands for the purpose of such

inspection, but only upon the express condition that the Bidders, their

personnel and agents, will release and indemnify the Employer, his personnel

and agents from and against all liability in respect thereof and will be

responsible for death or personal injury, loss of or damage to property and

any other loss, damage, costs and expenses incurred as a result of such

inspection.

IB.37 Clarification of Issues

37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee

to clarify issues and to answer any questions on matters related to the Bidding

Documents.

IB.38 Integrity Pact

38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of

Instructions to Bidder in the Bidding Documents. Failure to provide such

Integrity Pact shall make the Bid non-responsive.

IB.39 General Performance of the Bidders

39.1 The Employer reserves the right to obtain information regarding performance

of the Bidders on their previously awarded contracts/works. The Employer

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may in case of poor performance of any Bidder so as past record of

terminated / incomplete works of similar nature pertaining to any Government,

Semi-Government, autonomous Body or Organization, reject his bid.

(H) APPENDICES

The Appendices Instructions to Bidders are as given below, and the Bidder

shall fill in all these Appendices:

• Appendix-A: Proposed Programme of Supply.

• Appendix-B: Integrity Pact.

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Appendix-A

(Instructions to Bidders)

PROPOSED PROGRAMME OF SUPPLY.

Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing

the sequence of Supply of I.T Equipment Items by which he proposes to complete

the Work of the entire Contract. The programme should indicate the sequences of

supply and installation of items and the period of time during which he proposes to

complete the Works for each site including the activities like supply, ordering /

procurement of goods (equipment), delivering & schedule of installation of required

Goods / Services under the Contract.

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Appendix-B

(Instructions to Bidders)

Integrity Pact

[To be filled and signed by the Bidder]

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.____________________ Dated

____________________

Contract Value: _________________

Contract Title: __________________

………………………………… [Name of Supplier] hereby declares that it has

not obtained or induced the procurement of any contract, right, interest,

privilege or other obligation or benefit from Government of Pakistan or

Government of the Punjab or any administrative sub division or agency

thereof or any other entity owned or controlled by Government of Pakistan or

Government of the Punjab through any corrupt business practice.

Without limiting the generality of the foregoing, [-----------------------------------

name of Supplier] represents and warrants that it has fully declared the

brokerage, commission, fees etc. paid or payable to anyone and not given or

agreed to give and shall not give or agree to give to anyone within or outside

Pakistan either directly or indirectly through any natural or juridical person,

including its affiliate, agent, associate, broker, consultant, director, promoter,

shareholder, sponsor or subsidiary, any commission, gratification, bribe,

finder’s fee or kickback, whether described as consultation fee or otherwise,

with the object of obtaining or inducing the procurement of a contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established & controlled by the Federal / Provincial Government except that

which has been expressly declared pursuant hereto.

[-----------------------------------------------------------name of Supplier] certifies that

it has made and will make full disclosure of all agreements and arrangements

with all persons in respect of or related to the transaction with Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government and has not taken any action

or will not take any action to circumvent the above declaration, representation

or warranty.

[-----------------------------------------------------------name of Supplier] accepts full

responsibility and strict liability for making any false declaration, not making

full disclosure, misrepresenting facts or taking any action likely to defeat the

purpose of this declaration, representation and warranty. It agrees that any

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contract, right, interest, privilege or other obligation or benefit obtained or

procured as aforesaid shall, without prejudice to any other rights and

remedies available to Government of Pakistan or Government of Punjab or

any autonomous body established and controlled by Federal / Provincial

Government under any law, contract or other instrument, be voidable at the

option of Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government.

Notwithstanding any rights and remedies exercised by Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government in this regard,

[------------------------------------------------------------name of Supplier] agrees to

indemnify Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government for any loss or damage incurred by it on account of its corrupt

business practices and further pay compensation to Government of Pakistan

or Government of Punjab or any autonomous body established and controlled

by Federal / Provincial Government in an amount equivalent to ten time the

sum of any commission, gratification, bribe, finder’s fee or kickback given by

[-----------------------------------------------------------name of Supplier] as aforesaid

for the purpose of obtaining or inducing the procurement of any contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established and controlled by Federal / Provincial Government.

Name of Buyer: …………………. Name of Seller/Supplier: …………..

Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]

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(d) SPECIAL INSTRUCTIONS

AND BIDDING DATA

25

SPECIAL INSTRUCTIONS TO BIDDERS

BIDDING DATA

Sr. No.

Description of Special Instructions

1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed

under PPRA Rules 2014

2 Name of the Project and Summary of the works:

Supply of I.T Equipment Items at Tehsil Level Gymnasiums: 1. Chak Jhumra (District Faisalabad) 2. Jarranwala (District Faisalabad) 3. Shor Kot (District Jhang) 4. Hasilpur (District Bahawalpur) 5. Haroonabaad (District Bahawalnagar).

3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

4 The Client will provide the following inputs and facilities: (i). All available data.

5 Proposal must remain valid for 90 Days after the submission date, that is until:

21st May, 2020

6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

7 Bid language: English

8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.

26

9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes

10 Bidders to quote the Bid Price: in Pak Rupees

11

Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.

12

Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

Tender Document (Bidding Documents) must be submitted not later than the following date and time:

On or before 21st February, 2020 during office hours till 11:45 am

13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of I.T Equipment.

14 Venue, time and date of Bid opening (Technical Proposal)

Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020

15 Period for furnishing and signing of contract agreement:

Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.

27

SECTION – 3

TECHNICAL AND FINANCIAL PROPOSALS-

STANDARD FORMS

FOR SUPPLY OF I.T EQUIPMENT ITEMS

28

TECHNICAL PROPOSAL-STANDARD FORMS

29

TECHNICAL PROPOSALS

FORM TECHNICAL PROPOSAL SUBMISSION FORM

Location: ________________ Date____________

To:

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., Supply of I.T Equipment Items, in accordance with the Request for

Proposals (Bidding Documents) received by us in pursuance of the Tender Notice

published in daily newspapers and PPRA website. We are hereby submitting our

Proposal, which includes this Technical Proposal and a Financial Proposal sealed

under separate envelopes.

We hereby declare that all the information and statements made in this

Proposal are true and accept that any misinterpretation contained in it may lead to

our dis-qualification. We further accept that any incorrect / wrong information and

statement made in this proposal may lead to Civil and Criminal action, besides our

dis-qualification.

Our Proposal is binding upon us and subject to the modifications resulting

from Agreement negotiations.

We undertake, if our Proposal is accepted, to initiate the supply & installation

related to the assignment not later than the date indicated in Instructions to Bidders

(Bidding Data) and shall complete the work within the stipulated time period from the

date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as

prescribed in Proposals (Bidding Documents).

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

30

MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING

TECHNICAL PROPOSALS

Supply of I.T Equipment Items

The Following Requirements / Conditions / Criteria must be fulfilled by the applicant

Bidder for submission of his Technical Proposal:

1. The Applicant / Company / Institution must be registered with Government.

The Applicant shall produce documentary proof of such registration.

2. The Applicant / Company / Institution must be registered Income Tax

Department and must produce NTN Certificate and GST registration

Certificate.

3. The Applicant / Company / Institution must not be Tax defaulter or Black listed

by any Government Department, Semi Government Department or

Autonomous Body. In this regard, the applicant shall submit undertaking in

judicial stamp paper

4. The Applicant / Company / Institution must have Sound Financial Position.

The Applicant must submit his Bank Statement for the last Two Years to

establish sound Financial Position

5. The Applicant / Company / Institution must have experience of supply /

manufacturing of required items of procurement. In this regard, the applicant

shall submit the Documentary proof / copies of work orders to establish his

relevant experience

6. In case of Manufacture Bidder, he shall submit the details of his

Manufacturing Unit, complete address, Machinery description and the total

Staff / Workers employed by him. In case of Supplier Bidder, he shall submit

his experience of supplying goods to different Public Sector or Private Sector

Institutions.

7. The successful Bidder shall be required to supply the required items of

Procurement at the concerned site in Punjab. The quoted price / Bid must

include the Transportation charges as well as installation charges and no

additional charges shall be paid for supply of required Items at different sites,

as directed by the Employer.

8. The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose

31

TECHNICAL PROPOSALS

Supply of I.T Equipment Items

EVALUATION CRITERIA

A. Mandatory Requirements:

The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:

Sr.# Mandatory Requirements Documentary Evidence Total Marks

1. Registration / Incorporation of

Contractor / Firm / Company under the laws of Pakistan.

Certificate of Contractor / Firm / Company Registration.

Mandatory

2. Valid FBR Registration. NTN Certificate Copy. Mandatory

3. Valid General Sales Tax

Registration General Sales Tax Registration

Certificate Mandatory

4. Valid Punjab Sales Tax

Registration, if applicable Punjab Sales Tax Registration

Certificate, if applicable. Mandatory

5.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be

attached.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case

of Sole Proprietorship, Affidavit should be attached.

Mandatory

6.

Undertaking that the Contractor / Firm / Company or any Partner(s) is

not blacklisted by Provincial or Federal Government Department,

Agency, Organization or autonomous body anywhere in

Pakistan.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

7.

Undertaking that the Contractor / Firm / Company or any Partner(s) of

JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any

Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent

and results of such proceedings should be mentioned in detail.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

32

Sr.# Mandatory Requirements Documentary Evidence Total Marks

8.

Adherence to time line in completion of work non-adherence without just cause shall result in imposition of

penalty.

Undertaking on Stamp Paper that the Bidder shall, within 7 days after

the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time

line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.

Mandatory

9.

Financial Soundness Sufficient Bank Balance available

with the Contractor / Firm / Company for providing the services and execution of work in time line.

Bank Statement / Audited Accounts for the last 24 months in the name of

Company / Firm is to be attached. (In case of JV / Consortium, Bank

Statements / Audited Accounts of all partners are to be attached)

Mandatory

10. Bidder must be Authorized Agent / Dealer / Distributor of the Principal

Supplier Company.

Letter of Authorization as Agent / Dealer / Distributor of the Principal

Supplier Company Mandatory

B. Technical Proposals Scoring Criteria:

Total Marks: 100 Qualifying Marks: 70

Sr. No.

Description Marks Distribution Marks

1. Personnel Capability

(Strength of Permanent Staff).

Marks Distribution:

• Management Staff (5 Marks)

• Financial Staff (5 Marks)

• Technical Staff (5 Marks)

• Field Staff (5 Marks)

(List of names of Permanent Staff along with CVs and the proof of their

engagement with the Company / Firm should be attached).

20

33

Sr. No.

Description Marks Distribution Marks

2. Years in Business of Applicant

Firm / Company

• 10 Years & above (10 Marks)

• 7 Years upto 10 Years (7 Marks)

• 5 Years upto 7 Years (5 Marks)

• 2 Years upto 5 Years (2 Marks)

(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).

10

3. General experience in Supply of

I.T Equipment Items.

Marks Distribution:

02 Projects (5 Marks)

03-04 Projects (10) Marks)

05 & Above Projects (15 Marks)

(List of Projects referred above along with documentary proof

should be attached).

15

4.

Experience in Supply of I.T Equipment Items to any

Government, Semi Government or Autonomous Body established /

controlled by Government.

Marks Distribution:

01 Project (8 Marks)

02 Projects (12 Marks)

03 Projects (16 Marks)

04 & Above Projects (20 Marks)

(List of Projects referred above along with documentary proof

should be attached).

20

34

Sr. No.

Description Marks Distribution Marks

5. Financial Soundness

• Available Bank Turn Over for last 02 years.

If 1 million to less than 2 Million (5 Marks)

If 2 million to less than 5 Million (10 Marks)

If 5 million to less than 10 Million (15 Marks)

If 10 million to less than 15 Million (20 Marks)

If 15 million & above (25 Marks)

25

6. I.T Equipment available with the

Applicant for supply.

List of I.T Equipment available with the Applicant for supply with proof of

ownership and year of purchase / manufacturing should be attached.

(10 Marks).

10

35

TECHNICAL PROPOSALS

(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)

Supply of I.T Equipment Items

The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement.

Sr. #

Description & Specification of Required Item

Brand Name / Company

Name of Imported Country or local

Main Specifications / Features of Goods

(Equipment) offered by Supplier

1.

Desktop Computer Ci3 (Dell OptiPlex 9010) Or Equivalent Generation. (Minimum 4GB RAM, 500 GB HDD, Processor 3.20 GHz) With 20” LED, Keyboard, mouse and connected material

2.

LaserJet Printer (HP1102 or Equivalent Version)

Note: -

The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose

Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.

36

FINANCIAL PROPOSAL-STANDARD FORMS

37

FORM - FINANCIAL PROPOSAL SUBMISSION FORM

Location----------------------------Date----------------------------

To: [Name and address of Employer]

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., “Supply of I.T Equipment Items” in accordance with Tender Document

(Bidding Documents) received by us in pursuance of the Tender Notices Published

in Daily Newspaper and PPRA website. Our attached Financial Proposal is for the

sum of:

--------------------------------------------------------------------------------------------------------------

[Insert amount(s) in words and figures].

This amount is inclusive of all the applicable taxes.

Our Financial Proposal shall be binding upon us subject to the modifications

resulting from Agreement negotiations, up to expiration of the validity period of the

Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).

No commissions or gratuities have been or are to be paid by us to agents

relating to this Proposal and Agreement execution.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: ________________________________

Name and Title of Signatory: __________________________________________

Name of Firm: _____________________________________________________

Address: __________________________________________________________

38

FORM - SUMMARY OF COSTS

Sr. # Description of Required Item Rate Per Unit

inclusive all applicable Taxes (In Rs.)

1.

Desktop Computer Ci3 (Dell OptiPlex 9010) Or Equivalent Generation. (Minimum 4GB RAM, 500 GB HDD, Processor 3.20 GHz) With 20” LED, Keyboard, mouse and connected material

2. LaserJet Printer (HP1102 or Equivalent Version)

39

SECTION - 4

FORM OF CONTRACT

FORM OF CONTRACT FOR SUPPLY OF I.T

EQUIPMENT ITEMS.

40

FORM OF CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______

day of ______________________ (month) 2020, between _________________________

_____________________________________(hereafter called the “Employer”) of the one

part and ____________________________________________ (hereafter called the

“Contractor”) of the other part.

WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of I.T

Equipment Items should be carried out / executed by the Contractor and has accepted a Bid

of the Contractor for the execution and completion of such Works and the remedying of any

defects therein.

NOW this Agreement witness 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 hereinafter referred to.

2. The following documents after incorporating addenda, if any except those parts relating

to Instructions to Bidders, shall be deemed to form and be read and construed as part

of this Agreement, viz:

(a) Contract Agreement.

(b) Letter of Acceptance (Work Order).

(c) The completed Form of Request for Proposals (Bidding Documents)

(d) The Conditions of Contract and Special Conditions of Contract.

(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.

3. The Procurement of I.T Equipment should be as per specifications mentioned in

Tender Document (Bidding Documents). If the material provided by the Contractor will

not meet the specification as per aforesaid requirement, then necessary action will be

taken against the Contractor as provided under law.

4. With reference to Tender Document (Bidding Documents) mutually agreed between

the Employer and Contractor relevant copies of the Request for Proposals (Bidding

Documents) attached to this contract / agreement are;

(a) “Financial Proposals” of Bidding Documents.

(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.

5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete

consignment under contract agreement. Final Payment shall be made on completion

of work (supply of all Goods / Services) and fulfillment of all terms and conditions of

contract and submission of Guarantee as required under the Special Conditions of

Contract. No other charges to be paid after the full payment.

6. Tender Document (Bidding Documents) of the subject procurement shall be

considered part of the Contract Agreement.

41

7. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute

and complete the Works and remedy defects herein in conformity and in all respects

with the provisions of the Contract.

8. The Employer hereby covenants to pay the Contractor, in consideration of the

execution and completion of the Works as per 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 on

the ----------------------------------------------------------

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on

the day, month and year first before written in accordance with their respective laws.

Signature of the Contactor Signature of Employer

_______________________________ _______________________________

(Seal) (Seal)

Signed, Sealed and Delivered in the presence of:

Witness: Witness:

_______________________________ _______________________________

(Name, Title and Address) (Name, title and Address)

42

CONDITIONS OF CONTRACT

Definitions and Interpretations

1.3 Definitions

In the Contract (as hereinafter defined) the following words and expressions shall have

the meanings hereby assigned to them:

1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work

Order).

1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of

Contract.

1.1.3 "Contract" means the agreement between the Employer and the Contractor

for the execution of the Works incorporating the Conditions, Specifications,

Tender, Letter of Acceptance (Work Order) and such further documents as may

be expressly incorporated by the Letter of Acceptance (Work Order). Any

subsequent documents mutually agreed and signed by the Employer and the

Contractor shall be the part of the Contract.

1.1.4 "Contract Agreement" means the documents recording the terms of the

Contract between the Employer and the Contractor.

1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work

Order) as payable to the Contractor for the Supply, Installation, Execution and

Completion of the Works subject to such additions thereto or deductions

therefrom as may be made under the provisions of hereinafter contained and

remedying of any defects therein in accordance with the provisions of the

Contract.

1.1.6 "Contractor" means the person whose bid has been accepted by the

Employer and the legal successors in title to the Contractor but not (except with

the consent of the Employer) any assignee of the Contractor.

1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and

operation & maintenance manuals to be submitted by the Contractor.

1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement

Committee for satisfactory execution of work / supply & installation of Goods in

accordance with these Conditions of Contract.

1.1.9 "Defects Liability Period" means one year following taking over (issuing date

of Receipt Certificate), during which the Contractor is responsible for making

good defects and damage in accordance with the Conditions of Contract.

1.1.10 “Employer" means the person named as such in the Form of Contract and the

legal successors in title to the Employer but not (except with the consent of the

Contractor) any assignee of the Employer.

43

1.1.11 "Employer's Drawings" means all the drawings, information and

specifications provided by the Employer to the Contractor under the Contract.

1.1.12 "Employer's Risks” means those risks defined in these Conditions of

Contract.

1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of

Contract.

1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation

of the most elementary rules of diligence which a conscientious contractor in

the same position and under the same circumstances would have followed.

1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the

formal acceptance by the Employer of the Tender incorporating any

adjustments or variations to the Tender agreed between the Employer and the

Contractor.

1.1.16 "Retention Money" means the security to be deducted from the payable

amounts of the Contractor in accordance with the terms and conditions of the

Contract.

1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all

things to be provided under the Contract.

1.1.18 "Site" means the place or places, provided or made available by the Employer

where work is to be done by the Contractor or to which Goods are to be

delivered / installed / fixed, together with so much of the area surrounding the

same as the Contractor shall with the consent of the Employer use in

connection with the Works otherwise than merely for the purposes of access.

1.1.19 "Specification" means the specification of the Goods included in the

Pre-Qualification Notice / Documents for Pre-Qualification / Request for

Proposals (Bidding Documents) / Contract and any modification thereof made

in accordance with the Conditions of Contract.

1.1.20 “Procurement Committee” means a Committee constituted by the Employer

to perform the functions as such under the terms and conditions of Contract.

1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee” means a Committee constituted by the Employer to perform the

functions as such under the terms and conditions of Contract.

1.1.22 “Finance Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.23 “Verification Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement

Committee to the Contractor in accordance with these Conditions of Contract.

44

1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods

and its Installation / Fixation. The word “Tender” is synonymous with the word

“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request

for Proposals” including financial proposal and technical proposal.

1.1.26 "Inspection on Completion" means the tests / inspections specified in the

Contract or otherwise agreed by the Procurement Committee and the

Contractor to be performed before the goods / services / works are taken over

by the Employer.

1.1.27 "Time for Completion" means the time stated in the Contract / Bidding

Documents for completing the Works. The time for completion shall be

calculated from the Commencement Date to the issuance of Receipt Certificate

by the Procurement Committee of the Directorate General Sports / Sports

Board Punjab.

1.1.28 "Variation Order" means any written order, identified as such, issued to the

Contractor by the Procurement Committee under the Conditions of Contract.

1.1.29 "Works" means all supply, installation of Goods and Services to be

provided, installed / fixed and work to be done by the Contractor under

the Contract.

1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for replacing any

defective Goods / Equipments during the specified Guarantee period, which

should commence after “Receipt Certificate”.

1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for making good any

defective Goods / Equipments during the specified Warranty period, which

should commence after “Receipt Certificate”.

1.4 Periods

In these Conditions "days" means calendar day and "year" means 365 days.

2.1 Assignment

The Contractor shall not assign the Contract or any part of his obligations under the

Contract. A charge in favour of the Contractor's bankers of any monies due under the

Contract shall not be considered an assignment.

3.1 Subcontracting

The Contractor shall not subcontract the part or whole of the Works.

45

4.5 Day to Day Communications

The language for day to day communications is stated in the Preamble.

4.6 Priority of Contract Documents

Unless otherwise provided in the Contract, the priority of the Contract documents shall

be as follows:

1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.

5.3 General Obligations

a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.

b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.

Contract Agreement

6.3 Contract Agreement

The Contractor shall, if called upon so to do, execute a Contract Agreement recording

all the terms of the Contract, to be prepared by and completed.

6.4 Sufficiency of Contract Price

The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:

(a) All the conditions and circumstances affecting the Contract Price,

(b) The possibility of carrying out the Works as described in the Contract,

(c) The general circumstances at the Site and

(d) The general labour position at the Site.

6.5 Physical Obstructions and Conditions

If during the execution of the Works on Site, the Contractor encounters physical

obstructions or conditions of the kind stipulated in these Conditions of Contract, the

Contractor shall be entitled to recover such additional cost incurred in consequence.

The Procurement Committee shall certify and there shall be added to the Contract

Price the additional cost, after approval by the Employer.

Contractor's Representative

7.23 Contractor's Representative

The Contractor shall employ one or more competent representatives to superintend

the carrying out of the Works on Site. They shall be fluent in the language for day to

46

day communications. Their names shall be communicated in writing to the

Procurement Committee before work (supply and installation of Goods) on Site begins.

Any instruction or notice which the Employer give to the Contractor's representative

shall be deemed to have been given to the Contractor.

7.24 Objection to Contractor's Employees

The Contractor shall, upon the Employer’s written instruction, remove from the Works

any person employed by him in the execution of the Works, who misconducts himself

or is incompetent or negligent.

7.25 Safety Precautions

The Contractor shall observe all applicable regulations regarding safety on the Site.

Unless otherwise agreed, the Contractor shall, from the commencement of work on

Site till taking over by the Employer, provide:

(a) Fencing, lighting, guarding and watching of the Works, and

(b) Temporary roadways, footways, guards and fences which may be necessary

for the accommodation and protection of owners and occupiers of adjacent

property, the public and others.

In order to provide for the safety, health and welfare of persons, and for prevention of

damage of any kind, all operations for the purposes of or in connection with the

Contract shall be carried out in compliance with the safety requirements of the

Government of Pakistan with such modifications thereto as the Procurement

Committee may authorize or direct and the Contractor shall take or cause to be taken

such further measures and comply with such further requirements as the Procurement

Committee may determine to be reasonably necessary for such purpose.

The Contractor shall make, maintain, and submit reports to the Procurement

Committee concerning safety, health and welfare of persons and damage to property

as the Procurement Committee may from time to time prescribe.”

7.26 Electricity Water and Gas

The Contractor shall be responsible for making his own arrangements for the adequate

supply of electricity, water and gas required for the effective performance of his

obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled

to use for the purposes of the Works such supplies and services as may be available

on the Site. The Contractor shall, before the commencement of the work at Site, seek

the approval of the Procurement Committee as to his detailed requirements of

electricity, water and gas for the entire Contract period. The Contractor shall pay the

Employer at the rates / cost incurred by the Employer. The Contractor shall at his own

cost provide any apparatus necessary for such use”. The contractor will bear the cost

of distribution network for electricity, potable water, telephone, gas and their

consumption by his own personnel for the purpose of the work.

47

7.27 Employer's Equipment

The Employer may, if the Contractor so requests for the execution of the works,

operate any available equipment of the Employer. The Contractor shall pay the

Employer a mutually agreed price for such use.

The Employer shall during such operation retain control of and be responsible for the

safe working of the equipment. In case of any damage / loss by the Contractor, such

loss shall be made good by the Contractor.

7.28 Clearance of Site

The Contractor shall from time to time during the progress of the Works clear away

and remove all surplus materials and rubbish. On completion of the Works, the

Contractor shall remove all Contractor's Equipment and leave the whole of the Site

and the Works clean and in a workmanlike condition, to the satisfaction of the

Procurement Committee.

7.29 Authority for Access

No persons other than the employees of the Contractor shall be allowed on the Site

except with the consent of the Procurement Committee.

Facilities to inspect the Works shall at all times be afforded by the Contractor to the

Procurement Committee, the Employer's representatives, authorities and officials.

7.30 Information for Import Permits and Licenses

The Contractor shall submit to the Employer in good time such details of all Goods /

Equipment to be imported into Pakistan.

7.31 Compliance with Statutes, Regulations

The Contractor shall, in all matters arising in the performance of the Contract, comply

in all respects with, give all notices and pay all fees required by the provisions of any

National or State Statute, Ordinance or other law or any Regulation or Bye-law of any

duly constituted authority.

7.32 Compliance with Laws

The Contractor shall comply with the laws of Pakistan where the Goods are to be

installed / fixed.

7.33 Photographs of Works and Advertisement Prohibited

Except with the prior written authorization of the Employer, the Contractor shall not

exhibit or permit to be exhibited and Photographs or advertisement on the Works.

Obligations of the Employer

8.3 Access to and Possession of the Site

The Employer shall in reasonable time grant the Contractor access to and possession

of the Site, which may, however, not be exclusive to the Contractor.

48

8.10 Consents and Way leaves

The Employer shall in due time obtain or grant all consents including permits-to-work,

way leaves and approvals required for the Works.

8.11 Import Permits and Licenses

The Employer shall issue permissions, letters, certificates and provide such other

assistance to the Contractor for his obtaining permits-to-work, way leaves and

approvals from any other department / authority and right of way from private owners,

if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.

8.12 Records of Safety and Health

The Contractor shall maintain such records and make such reports concerning safety,

health and welfare of persons and damage to property as the Procurement Committee

may from time to time prescribe.

8.13 Reporting of Accidents

The Contractor shall report to the Procurement Committee details of any accident as

soon as possible after its occurrence. In the case of any fatality or serious accident,

the Contractor shall, in addition to appropriate action required under the law, notify the

Procurement Committee immediately by the quickest available means.

9.9 Sample Testing

Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee shall inspect, examine and test a sample of each item of Goods

/ Materials (Sports items) to be supplied under the Contract. The supply and installation

of all Goods shall be subject to the approval of sample by the said Committee.

9.10 Inspection and Testing During Installation

The Procurement Committee shall be entitled during installation / fixation to inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. This shall take place on the Contractor's

premises during working hours.

No such inspection, examination or testing shall release the Contractor from any

obligation under the Contract.

9.11 Independent Inspection

Verification Committee of Sports Board Punjab, during installation, may inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. For this purpose, such independent

inspection shall be considered as Procurement Committee’s inspection.

The inspection and testing of the materials supplied / installed under the Contract shall

be carried out by the Procurement Committee which shall, after satisfaction, issue the

Certificate of Receipt.

49

9.12 Date for Inspection and Testing

The Procurement Committee or Verification Committee shall give the Contractor 24

hours notice of his intention to attend the inspection / tests. The Contractor shall

provide such assistance, labour materials, electricity, fuel, stores, apparatus and

instruments as may be necessary to carry out the inspection / tests efficiently.

10.3 Rejection

If, as a result of the inspection, examination or testing as referred in the above stated

Clause, the Procurement Committee or Verification Committee of the Sports Board

Punjab decides that any Goods is defective or otherwise not in accordance with the

Contract, it may reject such Goods and shall notify the Contractor thereof immediately.

The notice shall state the Procurement Committee’s or Verification Committee’s

objections with reasons.

The Contractor shall then with all speed make good the defect or ensure that any

rejected Goods complies with the Contract.

If the Procurement Committee or Verification Committee requires such Goods to be

retested, the tests shall be repeated under the same terms and conditions. All costs

incurred by the Employer by the repetition of the tests shall be deducted from the

Contract Price.

Suspension of Works or Delivery

11.11 Order to Suspend

The Procurement Committee or the Employer may at any time instruct the Contractor to:

(a) Suspend progress of the Works, or

(b) Suspend delivery of Goods or Contractor's Equipment which is ready for

delivery to the Site at the time for delivery or if no time is specified, at the time

appropriate for it to be delivered, or

(c) Suspend the installation of Goods which has been delivered to the Site.

When the Contractor is prevented from delivering or installing Goods, it shall be

deemed that Procurement Committee or the Employer has instructed a suspension,

except when such prevention is caused by the Contractor's default.

The Contractor shall, during suspension period, protect and secure the Works or

Goods at the Site, as the case may be, against any deterioration, loss or damage.

11.12 Cost of Suspension

The additional cost incurred by the Contractor in protection, securing and insuring the

Works or Goods and in following the Procurement Committee’s or Verification

Committee’s instructions and in resumption of the work, shall be added to the Contract

Price. Such additional cost shall be determined by the Procurement Committee and

approved by the Employer.

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The Contractor shall not be entitled to be paid any additional costs if such suspension

is necessary by reason of a default on the part of the Contractor.

The Contractor shall not be entitled to additional costs unless he notifies the

Procurement Committee or Employer of his intention to make such claim, within twenty

eight (28) days after receipt of the order to suspend progress or delivery or installation.

11.13 Payment in Event of Suspension

The Contractor shall be entitled to payment for Goods which has not been delivered to

Site if the work on Goods or delivery of Goods has been suspended for more than

twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall

be entitled to payment of the value as determined by the Procurement Committee.

A Certificate of payment shall be issued on condition that:

(a) The Contractor has marked the Goods as the Employer's property in

accordance with the Procurement Committee’s instructions, and

(b) The suspension is not due to the Contractor's default.

11.14 Prolonged Suspension

If suspension under above Clause, has continued for more than eighty four (84) days,

and the suspension is not due to the Contractor's default, the Contractor may, by notice

to the Procurement Committee or the Employer, require permission to proceed within

twenty eight (28) days.

If permission is not granted within that time, the Contractor may treat the suspension

as an omission under the Conditions of Contract or if the suspension affects the whole

of the Works, terminate the Contract.

11.15 Resumption of Work

If the Contractor chooses not to treat prolonged suspension as an omission or

termination under the Conditions of Contract, the Employer shall upon the request of

the Contractor, take over the responsibility for protection, storage, security and

insurance of the suspended Works and of the Goods which has been delivered to the

Site, and risk of loss or damage thereto shall thereupon pass to the Employer.

After receipt of permission or an order to proceed, the Contractor, shall after due notice

to the Procurement Committee, examine the Works and the Goods affected by the

suspension. The Contractor shall make good any deterioration or defect in or loss of

the Works or Goods that may have occurred during the suspension. Cost properly

incurred by the Contractor which would not have been incurred but for the suspension

shall be added to the Contract Price.

The Contractor shall not be entitled to payment for costs incurred in making good any

deterioration, defect or loss caused by faulty workmanship or materials or by the

Contractor's failure to take the measures for protecting and securing the Works or

Goods during suspension.

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Completion

12.7 Time for Completion

The Works (Supply and Installation of Goods) at the specified place of the work

mentioned in the Conditions of Contract / Bidding Documents shall be completed,

tested and commissioned within the stipulated period mentioned in Conditions of

Contract / Bidding Documents.

12.8 Extension of Time for Completion

The Contractor may claim an extension of the Time for Completion if he is or will be

delayed in completing the Works by any of the following causes:

(a) Extra or additional work ordered in writing under Conditions of Contract,

(b) Exceptional adverse weather conditions,

(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,

(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,

(e) The failure of the Employer to fulfill any of his obligations under the Contract,

(f) Delay by any other contractor engaged by the Employer,

(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,

(h) Force Majeure.

The Contractor shall give to the Employer or Procurement Committee notice of his

intention to make a claim for an extension of time within fourteen (14) days of the

circumstances for such a claim becoming known to the Contractor. The notice shall be

followed as soon as possible by the claim with full supporting details.

The Employer or the Procurement Committee, after due consultation with the

Employer, shall grant the Contractor from time to time, either prospectively or

retrospectively, such extension of Time for Completions as may be justified. In case of

time extension by Procurement Committee, it shall notify the Employer and the

Contractor accordingly.

The Contractor shall be entitled to such extension whether the delay occurs before or

after the Time for Completion.

12.9 Delay in Completion

If the Contractor fails to deliver the Works or any part thereof, within the stipulated time

period under the Conditions of Contract or fails to complete the whole of the Work, or,

if applicable, any Section thereof within the relevant time prescribed by Conditions of

Contract, then the Contractor shall pay to the Employer the relevant sum stated herein

below as liquidated damages for such default (which sum shall be the only moneys

due from the Contractor for such default) for every day or part of a day which shall

elapse between the relevant time for Delivery or Time for Completion and the actual

date of delivery at site or the date stated in a Receipt Certificate of the whole of the

Works or the relevant Section, as the case may be, subject to the applicable limit stated

herein below.

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The Employer may deduct the amount of such damages from any monies due or to

become due to the Contractor. The payment or deduction of such damages shall not

relieve the Contractor from his obligation to complete the Works, or from any other of

his obligations and liabilities under the Contract.

The liquidated damages for each day of delay and the maximum amount of liquidated

damages shall be the amounts mentioned in the Special Conditions of Contract

(Special Stipulations).

Taking Over

13.5 Taking Over

The Works shall be deemed “taken over by the Employer” when they have been

completed in accordance with the Contract, have passed the Inspection Tests on

Completion, Procurement Committee has issued the Inspection Certificate and a

Receipt Certificate has been issued or deemed to have been issued in accordance

with Conditions of Contract.

13.6 Receipt Certificate

The Contractor may apply by notice to the Procurement Committee for a Receipt

Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's

opinion, be complete and ready for taking over.

The Procurement Committee shall within twenty eight (28) days after the receipt of the

Contractor's application either:

(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance

Committee stating the date on which the Works were complete and ready for

taking over, or

(b) Reject the application giving his reasons and specifying the work required to

be done by the Contractor to enable the Receipt Certificate to be issued.

If the Procurement Committee fails either to issue the Receipt Certificate or to reject

the Contractor's application within the period of twenty eight (28) days, the Contractor

shall give notice to the Employer. In case no action is taken by the Employer to issue

the Receipt Certificate or reject the Contractor’s application within the period of twenty

eight (28) days, it shall be deemed that Procurement Committee has issued the

Receipt Certificate on the last day of Contractor’s notice time period before the

Employer.

Defects after Taking Over

14.15 Defects Liability Period

Defects Liability Period shall be as mentioned in the Special Conditions of Contract

(Special Stipulations). The Contractor shall be responsible of making good any defect

in or damage to any part of the Goods / Installation of Goods which may appear or

occur during the Defects Liability Period and which arises from, either:

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(a) Any defective equipment, materials, workmanship or design, or

(b) Any act or omission of the Contractor during the Defects Liability Period.

The Contractor shall make good the Defects or damage as soon as practicable and at

his own cost.

14.16 Notice of Defects

If any such defect appears or damage occurs, the Employer or the Procurement

Committee shall forthwith notify the Contractor thereof.

14.17 Extension of Defects Liability Period

The provision of this Clause shall apply to all replacements or renewals carried out by

the Contractor as if the replacements and renewals had been taken over on the date

they were completed.

The Defects Liability Period for the Works shall be extended by a period equal to the

period during which the Works cannot be used by reason of a defect or damage. If only

part of the Works cannot be used by reason of a defect, the Defect Liability Period shall

be extended only for that part.

In neither case shall the Defects Liability Period be extended by further more than one

year.

When installation or delivery of Goods has been suspended under the Conditions of

Contract, the Contractor's obligations under this Clause shall not apply to any defects

occurring more than three years after it would have been delivered but for the

suspension or such period as may be mutually agreed period.

14.18 Failure to Remedy Defects

If the Contractor fails to remedy a defect or damage within a reasonable time fixed by

the Procurement Committee, the Employer may fix a final time for remedying the defect

or damage.

If the Contractor fails to do so, the Employer may:

(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or

(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or

(c) If the defect or damage is such that the Employer has been deprived of

substantially the whole of the benefit of the Works (supply and installation of

Goods) or a part thereof, he may terminate the Contract in respect of such parts

of the Works as cannot be put to the intended use. The Employer shall to the

exclusion of any remedy under the Conditions of Contract be entitled to recover

all sums paid in respect of such parts of the Works together with the cost of

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dismantling the same, clearing the Site and returning Goods to the Contractor

or otherwise disposing of it in accordance with the Contractor's instructions.

14.19 Removal of Defective Work

If the defect of damage is such that repairs cannot be expeditiously carried out on the

Site, the Contractor may with the consent of the Procurement Committee or the

Employer remove from the Site for the purposes of repair any part of the Goods /

Equipment which is defective or damaged.

14.20 Right of Access

Until the Final Payment has been made, the Contractor shall have the right of access

to all parts of the Works and to records of the working and performance of the Works.

14.21 Guarantee / Warranty Period

When the Guarantee / Warrantee Period for the Goods or any part thereof has expired

and the Contractor has fulfilled all his obligations under the Contract, Procurement

Committee shall issue within twenty eight (28) days to the Employer and the Contractor

a Guarantee / Warranty Relieving Certificate to that effect.

Variations

15.7 Employer and Procurement Committee’s Right to Vary

The Employer or Procurement Committee may, by Variation Order to the Contractor

at any time before the Works are taken over, instruct the Contractor to alter, amend,

omit, add to or otherwise vary any part of the Works (supply and installation of Goods).

The Contractor shall not vary or alter any of the Works, except in accordance with a

Variation Order from the Employer or Procurement Committee.

15.8 Variation Order Procedure

Prior to any Variation Order under Clause referred to above, the Employer or

Procurement Committee, as the case may be, shall notify the Contractor of the nature

and form of such variation.

Following the receipt of the Contractor's submission, the Procurement Committee

shall, after due consultation with the Employer and the Contractor, decide as soon as

possible whether or not the variation shall be carried out.

If the Procurement Committee decides that the variation shall be carried out, he shall

issue a Variation Order clearly identified as such in accordance with the Contractor's

submission or as modified by agreement.

15.9 Contractor to Proceed

On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the

variation and be bound to these Conditions in so doing as if such variation was stated

in the Contract. The delivery time may be extended by mutual consent of the parties,

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as a result of Variation Order. The work shall not be delayed pending the granting of

an extension of the Time for Completion.

Ownership of Goods

16.3 Ownership of Goods

Goods (Equipment) to be supplied pursuant to the Contract shall become the property

of the Employer at the time whichever is the earlier of the following times:

(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled

to payment of the value of the Goods.

Certificates and Payment

17.13 Terms of Payment

The terms of payment shall be as stated in the Form of Contract Agreement.

17.14 Method of Application

The Contractor shall submit to the Finance Committee of Directorate General Sports /

Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in

such form as the Finance Committee may from time to time prescribe.

The Finance Committee shall examine such Invoices within fourteen (14) days after

receiving Invoices. If the invoice amount is not accepted by the Finance Committee,

the disputed amount which is retained, shall be communicated, giving the reasons in

writing, to the Contractor within the same time.

17.15 Corrections to Invoices of Payment

The Finance Committee may in any invoice of payment make any correction or

modification that should properly be made in respect of any previous invoice.

17.16 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any

condition of Contract, be paid by the Employer to the Contractor by verifying the

payment within thirty (30) days of the receipt of such invoice. In case of the Final

Payment, it shall be paid by verifying the payment within sixty (60) days after receipt

of Final Bill / Invoice from the Contractor.

Deduction shall be made from the net amounts payable to the Contractor of any sum(s)

in accordance with the prevalent Federal and / or Provincial laws, provided that no

such deduction shall be made from those payments in respect of which the Contractor

has obtained exemption under the Law.

17.17 Withholding of Payment

If the Works or any parts thereof are not being carried out to the Procurement

Committee’s satisfaction and in order to protect the Employer from loss on account of:

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(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the

Government

The Finance Committee may notify withholding of such payments or part thereof as

may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons

/ grounds for withholding the payment are removed by the Contractor, the Finance

Committee shall upon being satisfied to that effect release payment.

17.18 Invoices and Receipts

The Contractor shall, when required by the Employer / Finance Committee, produce

quotations, invoices, vouchers and accounts or receipts in connection with expenditure

in respect of Provisional Sums.

Risk and Responsibility

18.15 Allocation of Risk and Responsibility

The Risks of loss or damage to physical property and of death and personal injury

which arise in consequence of the performance of the Contract shall be allocated

between the Employer and the Contractor as follows:

(a) The Employer: the Employer’s Risks as specified herein below.

(b) The Contractor: the Contractor's Risks as specified herein below.

18.16 Employer's Risks

“The Employer's Risks are:

(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;

(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;

(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.

(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.

18.17 Contractor's Risks

The Contractor's Risks are all risks other than those identified as the Employer's Risks.

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18.18 Contractor's Responsibility for the Care of the Works

The Contractor shall be responsible for the care of the Works / Goods or any Section

thereof from the Commencement until the Delivery Date (issuing date of Certificate of

Receipt) applicable thereto under the Conditions of Contract.

The Contractor shall also be responsible for the care of any part of the Works / Goods

upon which any outstanding work is being performed by the Contractor during the

Defects Liability Period until completion of such outstanding work.

18.19 Risk Transfer Date

The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a

Section thereof is the earliest of either:

(a) The date of issue of the Receipt Certificate, or

(b) The date of expiry of the notice of termination when the Contract is terminated

by the Employer or the Contractor in accordance with these Conditions.

18.20 Loss or Damage before Risk Transfer Date

Loss of or damage to the Works (Supply and Installation of Goods) or any Section

thereof occurring before the Risk Transfer Date shall:

(a) To the extent caused by any of the Contractor's Risks, be made good forthwith by

the Contractor at his own cost, and

(b) To the extent caused by any of the Employer's Risks, be made good by the

Contractor at the Employer's expense if so required by the Procurement

Committee within twenty eight (28) days after the occurrence of the loss or

damage. The price for making good such loss and damage shall be in all

circumstances reasonable and shall be agreed by the Procurement Committee

and the Contractor, or in the absence of agreement, shall be fixed by Procurement

Committee in consultation and approval of the Employer.

18.21 Loss or Damage after Risk Transfer Date

After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage

to any part of the Works shall, except in the case of Gross Misconduct, be limited:

(a) To the fulfillment of the Contractor's obligations under the Conditions of

Contract in respect of defects therein, and

(b) To making good forthwith loss or damage caused by the Contractor during the

Defects Liability Period.

Damage to Property and Injury to Persons

19.7 Contractor's Liability

Except as provided under Clause referred to above, the Contractor shall be liable for

and shall indemnify the Employer against all losses, expenses and claims in respect

of any loss of or damage to physical property (other than the Works), death or personal

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injury occurring before the issue of the last Defects Liability Certificate to the extent

caused by:

(a) Defective design, material or workmanship of the Contractor, or

(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.

19.8 Employer's Liability

The Employer shall be liable for and shall indemnify the Contractor against all losses,

expenses or claims in respect of loss of or damage to any physical property or of death

or personal injury whenever occurring, to the extent caused by any of the Employer's

Risks.

19.9 Accidents

The Contractor shall be liable for and shall indemnify the Employer against all losses,

expenses or claims arising in connection with the death of or injury to any person

employed by the Contractor for the purposes of the Works (Supply and Installation of

Goods), unless caused by any acts or defaults of the Employer, or other contractors

engaged by the Employer or by their respective employees or agents. In the later

cases, the Employer shall be liable for and shall indemnify the Contractor against all

losses, expenses and claims arising in connection therewith.

Force Majeure

20.11 Definition of Force Majeure

Force Majeure means any circumstances beyond the control of the parties, including

but not limited to:

(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,

(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,

(c) Rebellion, revolution, insurrection, military or usurped power and civil war,

(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.

20.12 Effect of Force Majeure

Neither party shall be considered to be in default or in breach of his obligations under

the Contract to the extent that performance of such obligations is prevented by any

circumstances of Force Majeure which arise after the date of the Letter of Acceptance

(Work Order) or the date when the Contract becomes effective, whichever is the

earlier.

20.13 Notice of Occurrence

If either party considers that any circumstances of Force Majeure have occurred which

may affect performance of his obligations he shall promptly notify the other party and

the Procurement Committee thereof.

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20.14 Performance to Continue

Upon the occurrence of any circumstances of Force Majeure, the Contractor shall

endeavour to continue to perform his obligations under the Contract so far as

reasonably practicable. The Contractor shall notify the Procurement Committee of the

steps he proposes to take including any reasonable alternative means for performance

which is not prevented by Force Majeure. The Contractor shall not take any such steps

unless directed so to do by the Procurement Committee.

20.15 Payment on Termination for Force Majeure

If the Contract is terminated under above referred Clause, the Contractor shall be paid

the value of the work done.

Default

21.7 Notice of Default

If the Contractor is not executing the Works in accordance with the Contract or is

neglecting to perform his obligations there under so as seriously to affect the carrying

out of the Works, the Employer or Procurement Committee may give notice to the

Contractor requiring him to make good such failure or neglect.

21.8 Contractor's Default

If the Contractor:

(a) Has failed to comply within a reasonable time with a notice under Clause

referred to above, or

(b) Assigns the Contract or subcontracts the Works without the Employer's written

consent, or

(c) Becomes bankrupt or insolvent, has a receiving order made against him or

compounds with his creditors, or carries on business under a receiver, trustee

or manager for the benefit of his creditors or goes into liquidation.

The Employer may, after having given seven (7) days notice to the Contractor,

terminate the Contract and expel the Contractor from the Site.

Any such expulsion and termination shall be without prejudice to any other rights or

powers of the Employer or Procurement Committee under the Contract.

The Employer may upon such termination complete the Works (supply and installation

of Goods) himself or by any other contractor, at the risk & cost of the Contractor.

21.9 Payment after Termination

The Employer shall not be liable to make any further payments to the Contractor until

the Works have been completed. When the works are so complete, the Employers

shall be entitled to recover from the Contractor the extra costs, if any, of completing

the Works. The contractor shall be allowed only such sum for the value of Works done

by him prior to termination of contract and certified by the Procurement Committee.

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Customs / Import Duties and Other Taxation

22.5 Customs / Import Duties and other Taxation

The Contractor shall pay all customs, import duties and taxes in consequence of the

importation of Goods. The rates and prices quoted by the Contractor in the Financial

Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,

Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well

as fees charge for services provided under this Contract. The taxation is leviable as

per Income Tax Laws issued by the Government of Pakistan and applicable laws of

the Country.

22.6 Clearance through Customs

The Contractor shall be responsible for clearance of all Goods to be supplied under

the Contract. However, the Employer may assist the Contractor in obtaining clearance

through the customs of Goods.

Notices

23.7 Notices to Contractor

All certificates, notices or written orders to be given to the Contractor by the Employer

or the Procurement Committee under these Conditions shall be sent by either of the

means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's

principal place of business or such other address as the Contractor shall nominate for

that purpose, or may be handed over to the Contractor's representative.

23.8 Notice to Employer and Procurement Committee or Finance Committee or

Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee

Any notice to be given to the Employer or to the Procurement Committee / Finance

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee under these Conditions shall be sent by Airmail Post, Courier Service, or

to be delivered & got received at the respective addresses nominated for that purpose

by the Employer in the Form of Contract.

23.9 Minutes of Meetings

Instructions or notices from the Employer to the Contractor and notices from the

Contractor to the Employer recorded in a minute or protocol signed by the authorized

representatives of the giver and recipient of such notice or instruction shall be valid

notice or instruction for the purposes of the Contract.

Disputes and Arbitration

24.7 If a dispute of any kind whatsoever arises between the Employer and the Contractor

in connection with, or arising out of, the Contract or the execution of the Works, whether

during the execution of the Works or after their completion and whether before or after

repudiation or other termination of the Contract, including any dispute as to any

opinion, instruction, determination, certificate or valuation of the Procurement

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee / Finance Committee, the matter in dispute shall, in the first place, be

referred in writing to the Verification Committee, with a copy to the other party. Such

reference shall state that it is made pursuant to this Clause. No later than the fifty sixth

(56) day after the day on which he received such reference, the Verification Committee

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shall give notice of his decision to the Employer and the Contractor. Such decision

shall state that it is made pursuant to this Clause.

Unless the Contract has already been repudiated or terminated, the Contractor shall,

in every case, continue to proceed with the Work with all due diligence, and the

Contractor and the Employer shall give effect forthwith to every such decision of the

Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee or Finance Committee unless and until the same shall be

revised, as hereinafter provided in an amicable settlement or in an arbitral award.

In any case where the Conditions of Contract provide that the decision of the

Verification Committee is to be final and conclusive, such decision shall not be

referable to arbitration under this Clause nor shall the same be questioned in any other

form of proceedings whatsoever.

24.8 If either the Employer or the Contractor be dissatisfied with a decision of the

Verification Committee or if the Verification Committee fails to give notice of his

decision on or before the fifty sixth (56) day after the day on which he received the

reference, then either the Employer or the Contractor may, on or before the twenty

eighth (28) day after the day on which the said period of fifty six (56) days expired, as

the case may be, give notice to the other party to commence arbitration, as hereinafter

provided, as to the matter in dispute. Such notice shall establish the entitlement of the

party giving the same to commence arbitration, under the provisions of Arbitration Act,

1940, as to such dispute and, subject to Clause referred to above, no arbitration in

respect thereof may be commenced unless such notice is given.

If the Verification Committee has given notice of his decision as to a matter in dispute

to the Employer and the Contractor and no notification of intention to commence

arbitration as to such dispute has been given by either the Employer or the Contractor

on or before the twenty eighth (28) day after the day on which the parties received

notice as to such decision from the Verification Committee, the said decision shall

become final and binding upon the Employer and the Contractor.

24.9 Where notice of intention to commence arbitration as to a dispute has been given in

accordance with Clause referred to above, arbitration of such dispute shall not be

commenced unless an attempt has first been made by the parties to settle such dispute

amicably through mutual negotiation within ninety (90) days from the date of

notification of Verification Committee’s decision.

Law and Procedure

25.5 Applicable Law

The law which is to apply to the Contract and under which the Contract is to be

construed is the laws of Islamic Republic of Pakistan.

25.6 Details to be Confidential

The Contractor shall treat the details of the Contract as private and confidential and

shall not publish or disclose the same or any particulars thereof in any trade or

technical paper or elsewhere without the prior consent in writing of the Employer. If

any dispute arises as to the necessity of any publication or disclosure for the purpose

of the Contract, the decision of Employer shall be final.

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SPECIAL CONDITIONS OF CONTRACT

(SPECIAL STIPULATIONS)

1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).

2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).

3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).

4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).

5. Defects Liability Period 90 days from the effective date of Receipt Certificate.

6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)

5% of Contract Price stated in the Letter of Acceptance (Work Order).

7. Payment Schedule On Supply of Complete consignment for a site (Gymnasium) under the contract agreement.

8. Currency of Payment Pak Rupees.

9. Guarantee / Warranty Period 01 year from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).

63

SECTION - 5

SPECIFICATIONS AND PERFORMANCE CRITERIA

FOR SUPPLY OF I.T EQUIPMENT ITEMS

64

SPECIFICATIONS OF I.T EQUIPMENT.

a. The specifications given in Technical and Financial

Proposals subject to any modification by the Employer, shall

be strictly adhered to by the Bidder.

b. Brand Name, Company Name and Specifications of the

offered Goods should be clearly mentioned.

65

SECTION-6

LIST OF GOODS / SERVICES (BILL OF QUANTITIES)

FOR SUPPLY OF I.T EQUIPMENT ITEMS

66

LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF I.T EQUIPMENT ITEMS

• The quantity of I.T Equipment is required for the following 5 sites:-

i. Tehsil Level Gymnasium at Chak Jhumra, District Faisalabad.

ii. Tehsil Level Gymnasium at Jarranwala, District Faisalabad.

iii. Tehsil Level Gymnasium at Shoor Kot, District Jhang.

iv. Tehsil Level Gymnasiums at Hasilpur, District Bahawalpur.

v. Tehsil Level Gymnasiums at Haroonabaad, District Bahawalnagar.

• The quantity required for each site is as under:-

Sr. # Item Description Quantity for One Site

1

Desktop Computer Ci3 (Dell OptiPlex 9010) Or Equivalent Generation. (Minimum 4GB RAM, 500 GB HDD, Processor 3.20 GHz) With 20” LED, Keyboard, mouse and connected material

05

2 LaserJet Printer (HP1102 or Equivalent Version)

04

(Note: Procurement Committee will have the right to delete any item or to

enhance or decrease the quantity of any item of procurement).

67

SECTION - 7

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

FOR SUPPLY OF I.T EQUIPMENT ITEMS

68

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

SUPPLY OF I.T EQUIPMENT ITEMS

1 Delivery Time: (Time of Completion)

Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.

2 Completion Schedule:

(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.

69

SECTION - 8

ESTIMATED COST

FOR SUPPLY OF I.T EQUIPMENT ITEMS

70

ESTIMATED COST

FOR SUPPLY OF I.T EQUIPMENT ITEMS

Sr. No.

Description of Goods Estimated Cost for 1

Site

Total Estimated Cost for 5 Sites

1 I.T Equipment Items 422,000 2,110,000

NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security

(2% of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the Total Estimated

Cost.

3. Financial Proposal (Bid) of a Bidder shall be considered responsive and acceptable only if 2% Bid Security for Total Estimated Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.

71

SECTION -9

EVALUATION CRITERIA

72

SPORTS BOARD PUNJAB

LAHORE

EVALUATION CRITERIA

SUPPLY OF I.T EQUIPMENT ITEMS

Technical Proposal shall be evaluated as per Evaluation Criteria

described in these Bidding Documents.

Financial Proposals of only responsive Bidders shall be opened and

evaluated. The Financial Proposal shall be assessed/ evaluated on

the basis of Lowest Evaluated Bid of each item of procurement.

73

SECTION - 10

FORMAT OF SECURITIES REQUIRED

74

INDEMNITY BOND FOR GUARANTEED PERFORMANCE

(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of I.T Equipment Items on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:

for………………………………… (Signature with Name and Designation)

(Indemnifier) Firm / Company Seal

Witness: 1………………………………….………..…… Signature with Name, Designation & Address.

2………………………………….………..…… Signature with Name, Designation & Address.

75

SECTION - 11

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS (EQUIPMENT)

76

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS.

All Terms and Conditions along with Specifications of Tender Documents

(Bidding Documents) shall be applicable in assessing the quality of

supplied Goods (Equipment).

1

SPORTS BOARD PUNJAB LAHORE

SUPPLY OF ADDITIONAL ITEMS

(PU PU SYNTHETIC FLOORING FOR GYM, SOUND

SYSTEM, AC SPLIT ETC.)

Tehsil Level Gymnasium at

Chak Jhumra (District Faisalabad) &

Jarranwala (District Faisalabad)

(DIRECTORATE GENERAL SPORTS /

SPORTS BOARD PUNJAB)

January 2020

TENDER DOCUMENTS

(BIDDING DOCUMENTS)

2

SECTION-1

INVITATION

TO BID

3

SECTION 1: INVITATION TO BID

Date: 23.01.2020

1. “Employer” The Director General / Secretary Sports Board Punjab, National

Hockey Stadium, Ferozepur Road, Lahore.

2. The Employer invites sealed bids from the interested Firms / Companies /

Institutions for Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.).

3. The procurement procedure adopted will be “Single stage Two envelops”

as prescribed under the PPRA Rules, 2014.

4. The Bid shall be a single package consisting of two sealed envelopes,

containing the Technical Proposal and Financial Proposal, for each of the

Item procurement.

5. The above referred envelops shall be clearly marked as Technical Proposal

and Financial Proposal followed by the name of assignment / procurement

and properly sealed. This outer envelope shall be sealed bear the submission

address and title of the assignment.

6. Bidders may obtain further information from, inspect at and acquire the

Bidding Document from the office of Deputy Director (Planning), office of

Directorate General Sports Punjab, Lahore Ph. # 042-99232504.

7. A complete set of Tender Document (Bidding Document) may be obtained by

Interested Bidder on submission of a written request along-with cash deposit

of Rs. 2,000/- to the above office, by or before 20th February, 2020

at 02:00 pm.

8. All Bids / Financial Proposals must be accomplished by earnest money (Bid

Security) in the form of CDR / Bank Draft / Bank Guarantee issued by a

Scheduled Bank in Pakistan / Guarantee issued by an Insurance

Company having at least AA rating from PACRA / JCR for an amount of

2% of the Estimated Cost referred hereinafter in the Bidding Documents

for the category of Supply of Additional Items (PU Synthetic Flooring for

Gym, Sound System, AC Split etc.) in favour of “Director General /

Secretary Sports Board Punjab, Lahore”.

9. Tender Document (Bidding Documents) include the following:-

Section 1: Invitation to Bid.

Section 2: Instructions to Bidders (including Special Instructions).

4

Section 3: Technical and Financial Proposals-Standard Form for Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.).

Section 4: Form of Contract with Conditions of Contract and Special Conditions of Contract.

Section 5: Specifications and Performance Criteria

Section 6: List of Goods / Services (Bill of Quantities)

Section 7: Delivery time / Completion Schedule

Section 8: Estimated Cost.

Section 9: Evaluation Criteria

Section 10: Format of Securities required

Section 11: Details of Standards that are to be used in assessing the quality of Goods and Services specified.

10. It is mandatory for Tender Document (Bidding Documents) to be made by

using the Standard Forms of these Documents. The Technical and Financial

Proposals that are not in the prescribed format may be discarded. If any

information required in the Forms is found missing or written elsewhere, no

credit will be given in the relevant section of the evaluation.

11. The Bidder must sign and affix Firm / Company stamp on each page of the

Tender Document (Bidding Documents)

12. Tender Document (Bidding Documents) are required to be brought in person

or by the authorized representative of the Bidder on or before

21st February, 2020 at 11:45 am positively in the office of Director Sports

Punjab, National Hockey Stadium, Ferozepur Road, Lahore.

13. The Bids (Technical Proposal) will be opened on the same day i.e.

21st February, 2020 at 12:15 pm, in the presence of Representatives of

Firms / Companies / Institutions who choose to attend the same address.

14. Financial Bids of only those bidders shall be opened which have been found

responsive as a result of assessment / evaluation of Technical Proposals.

5

SECTION-2

INSTRUCTIONS TO BIDDERS

(a) GENERAL INSTRUCTIONS

(b) SPECIAL INSTRUCTIONS

6

(c) GENERAL INSTRUCTIONS

7

INSTRUCTIONS TO BIDDERS AND APPENDICES

(A) GENERAL

IB.1 Scope of Bid and Source of Funds

1.4 Scope of Bid

Director General / Secretary Sports Board Punjab (hereinafter called the

“Employer”) wishes to receive Request for Proposals (Bids) for the scope of

Goods and Services which include, but shall not be limited to Supply of

Additional Items (PU Synthetic Flooring for Gym, Sound System, AC

Split etc.).

A detailed scope of procurement (supply of goods) has been described

elsewhere in these documents. The successful Bidder will be expected to

supply & install the required goods / services and complete the Work within

the stipulated period (Described in Section “Delivery Time / Completion

Schedule” of the Bidding Documents) after receipt of the Letter of

Acceptance (Work Order) by the successful Bidder, as specified in these

Bidding Documents.

1.2 Source of Funds

The Employer has received funds from the Government of the Punjab and it

is intended that part of the proceeds of the funds will be applied to eligible

payments under the Contract for which these Bidding Documents are issued.

IB.2 Eligible Bidders

2.1 Bidding is open to all Firms, Companies and Institutions which fulfill the

prescribed requirement / criteria mentioned in the Tender Notice and in this

Biding Documents after wide publication in daily newspapers and PPRA

website. Financial Proposals of only those Bidders shall be opened

(considered) who have been found eligible (responsive) as per

mandatory requirement / criteria as a result of assessment of Technical

Proposals.

IB.3 Eligible Goods and Services

3.1 All Goods (Equipment) to be supplied under this Contract shall be of

renowned Brand.

IB.4 Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and

submission of its Bid and the Employer will in no case be responsible or liable

for those costs, regardless of the conduct or outcome of the Bidding process.

(B) BIDDING DOCUMENTS

IB.5 Contents of Bidding Documents

5.1 The Bidding documents shall be as per mention in Section-1 “Invitation to

Bid”.

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IB.6 Clarification of Bidding Documents

6.4 A prospective Bidder requiring any clarification(s) in respect of the Bidding

Documents may notify the Employer in writing or by fax at the address as

provided under the Tender Notice (Invitation to Bid). Employer will examine

the request for clarification of the Bidding Documents which it receives not

later than three (3) days prior to the deadline for the submission of bids and

if needed will issue the clarification / amendment of the Bidding Documents

(without identifying the source of enquiry) to all prospective Bidders who have

obtained the Bidding Documents.

IB.7 Amendment of Bidding Documents

7.1 At any time prior to the deadline for submission of bids, the Employer may,

for any reason, whether at his own initiative or in response to a clarification

requested by a prospective Bidder, modify the Bidding Documents by issuing

addendum.

7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant

to Sub-Clause 7.1 hereof, and shall be communicated in writing to all bidders

who have obtained the Bidding Documents. Prospective Bidders shall be

intimated of such addendum through TCS, E-mail or by hand. The Bidder

shall also confirm in the Form of Bid that the information contained in such

addenda have been considered in preparing his Bid.

7.3 To afford prospective Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may at its discretion extend

the deadline for submission of Bids.

(C) PREPARATION OF BIDS

IB.8 Language of Bid

8.1 The Request for Proposals (Bidding Documents) prepared by the Bidder and

all correspondence and documents relating to the Bid, shall be written in the

English language, provided that if any printed literature furnished by the

Bidder is written in another language then it shall be accompanied by an

English translation of its pertinent passages in which case, for purposes of

interpretation of the Bid, the English translation shall govern.

IB.9 Documents Comprising the Bid

9.1 Tender Document (Bidding Documents) prepared by the Bidder shall

comprise the following components:

(a) Covering Letter

(b) Tender Document (Bidding Documents) duly filled, signed and sealed in accordance with these Instructions.

9

(c) Financial Proposals duly filled and signed, in accordance with the instructions contained therein.

(d) Bid Security furnished in accordance with these Instructions.

(e) Power of Attorney in accordance with these Instructions.

(f) Any other documents prescribed in Conditions of Contract or Biding Document to be submitted with the Bid.

IB.10 Bid Prices

10.1 The Bidder shall fill up the Schedule of Prices attached to these documents

indicating the unit rates including the services to be performed under the

Contract. Prices on the Schedule of Prices shall be entered keeping in view

the instructions contained in the Preamble to the Schedule of Prices.

10.2 The Bidder shall fill in rates and prices for all items of the Goods and Services

described in the Schedule of Prices. Items against which no rate or price is

entered by a Bidder will not be paid for by the Employer when executed and

shall be deemed covered by rates and prices for other items in the Schedule

of Prices.

10.3 Unless otherwise stipulated in the Conditions of Contract, prices quoted by

the Bidder shall remain fixed during the Bidder’s performance of the Contract

and not subject to variation on any account. When the Bidders are required

to quote only fixed price(s), a Bid submitted with an adjustable price quotation

will be treated as non-responsive.

10.4 Any discount offered shall be valid for at least the period of validity of the Bid.

A discount valid for lesser period shall be considered null and void.

IB.11 Currencies of Bid

11.7 Prices shall be quoted in the currency of Pakistan (Pak rupees).

11.8 The currency of payment shall be in Pak Rupees.

IB.12 Documents Establishing Goods’ Eligibility and Conformity to Bidding

Documents

12.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility

and conformity to the Bidding Documents of all Goods and Services which

Bidder proposes to perform under the Contract.

12.2 The documentary evidence of the Goods / Services eligibility shall establish

to the Employer’s satisfaction. Such documentary evidence shall include the

documents / information as specifically required in the Tender Document

(Bidding Documents) Forms, the compliance thereof will only establish

Employer’s satisfaction under this Clause.

10

12.3 The documentary evidence of the Goods and Services’ conformity to the

Bidding Documents shall also be required in the form of literature, drawings,

catalogues and data relating to the goods and services.

12.4 A clause-by-clause commentary on Biding requirements shall be provided

with the Bidding Documents, demonstrating the Goods and Service’s

substantial responsiveness to those Specifications or a statement of

deviations and exceptions to the provisions of the Technical Provisions as

required in Bidding Documents.

IB.13 Bid Security

13.1 Each Bidder shall furnish, as part of his Bid, a Bid Security of an amount

of 2% of the estimated cost referred hereinafter for the category of

Supply of Additional Items (PU Synthetic Flooring for Gym, Sound

System, AC Split etc.).

13.2 The Bid Security shall be, at the option of the Bidder, in the form of Deposit

at Call (CDR) / Bank Draft / Bank Guarantee issued by a Scheduled Bank

in Pakistan / Guarantee issued by an Insurance Company having at least

AA rating from PACRA / JCR in favour of the Employer valid for a period of

twenty eight (28) days beyond the bid validity date.

13.3 The Bid Security is required to protect the Employer against the risk of

Bidder’s conduct which would warrant the security’s forfeiture.

13.4 Any Bid not accompanied by an acceptable Bid Security shall be

considered by the Employer as non-responsive.

13.5 The Bid securities of unsuccessful Bidders will be returned upon award of

contract to the successful Bidder or on the expiry of validity of Bid Security

whichever is earlier.

13.6 The Bid Security of the successful Bidder will be returned when the Bidder

has furnished the required Performance Security. If required pursuant to the

clauses of these Instructions and signed the Contract Agreement if no

performance security is required, then the bid security shall be returned after

the completion of work under the Contract Agreement.

13.7 The Bid Security may be forfeited:

(a) If a Bidder withdraws his Bid during the period of Bid validity;

(b) If a Bidder does not accept the correction of his Bid Price, pursuant to clauses hereof; or

(c) In the case of a successful Bidder, if he fails to:

(i) Furnish the Performance Security, if required in accordance with the clauses herein below, or

(ii) Sign the Contract Agreement, in accordance with the clauses herein below.

IB.14 Validity of Bids

14.1 Bids shall remain valid for 90 days after the date of Bid opening.

11

14.2 In exceptional circumstances prior to expiry of original Bid validity period, the

Employer may request the Bidders to extend the period of validity for a

specified additional period which shall in no case be more than the original

Bid validity period. The request and the responses thereto shall be made in

writing. A Bidder may refuse the request without forfeiture of his Bid Security.

A Bidder agreeing to the request will be required to extend the validity of his

Bid Security for the period of such extension as agreed.

IB.15 Format and Signing of Bid

15.1 Bidders are particularly directed that the amount entered on the Form of Bid

shall be for performing the Contract strictly in accordance with the Bidding

Documents.

15.2 All Schedules to Bid are to be properly completed and signed.

15.3 No alteration is to be made in the Form of Bid nor in the Schedules thereto

except in filling up the blanks as directed. If any alteration is made or if these

instructions are not fully complied with, the Bid may be rejected.

15.4 Each Bidder shall prepare one (1) “Original” and one (1) “Copy”, of the

documents comprising the bid as described under these Instructions and

clearly mark them “ORIGINAL” and ‘COPY” as appropriate. In the event of

discrepancy between them, the original shall prevail.

15.5 The original and all copies of the Bid shall be typed or written in indelible ink

and shall be signed by a person or persons duly authorized to sign (in the

case of copies, Photostats are also acceptable). This shall be indicated by

submitting a written Power of Attorney authorizing the signatory of the Bidder

to act for and on behalf of the Bidder. All pages of the Bid and Schedules

to Bid shall be initialed and stamped by the person or persons signing

the Bid.

15.6 The Bid shall contain no alterations, omissions or additions, except to comply

with instructions issued by the Employer, or as are necessary to correct errors

made by the Bidder, in which case such corrections shall be initialed by the

person or persons signing the Bid.

15.7 Bidders shall indicate in the space provided in the Form of Bid their full and

proper addresses at which Notices may be legally served on them and to

which all correspondence in connection with their Bids and the Contract is to

be sent.

15.8 Bidders should retain a copy of the Bidding Documents as their file copy.

(D) SUBMISSION OF BIDS

IB.16 Sealing and Marking of Bids

16.1 Each Bidder shall submit his Bid as under:

(a) “ORIGINAL” and “COPY” of the original Price Bids (Technical and Financial Proposals) shall be sealed.

12

(b) The envelopes containing the “ORIGINAL” and “COPY” of Technical Proposals and Price Bids (Financial Proposal) will be put in one sealed envelope separately and addressed / identified as given in these Instructions.

16.2 The inner and outer envelopes shall;

(a) Be addressed to the Employer at the address given in the “Invitation to Bids”.

(b) Bear the Work Name and date of opening of Bid.

(c) Provide a warning not to open before the time and date for Bid opening.

16.3 The Bid shall be delivered in person or through an authorized representative

or sent by registered mail at the address to Employer as mentioned in the

Invitation to Bids.

16.4 In addition to the identification required in Sub-Clause referred 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 these

Instructions to Bidders.

16.5 If the outer envelope is not sealed and marked as above, the Employer will

assume no responsibility for the misplacement or premature opening of the

Bid.

IB.17 Deadline for Submission of Bids

17.1 (a) Bids must be received by the Employer at the address specified in

Invitation for Bids not later than the time and date stipulated in the

Invitation for Bids.

(b) Bids with charges payable will not be accepted, nor will arrangements

be undertaken to collect the Bids from any delivery point other than

that specified above. Bidders shall bear all expenses incurred in the

preparation and delivery of Bids.

(c) Upon request, acknowledgment of receipt of Bids will be provided to

those making delivery in person or by representative.

17.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.

17.3 The Employer may, at his discretion, extend the deadline for submission of

Bids by issuing an addendum in accordance with these Instructions to

Bidders, in which case all rights and obligations of the Employer and the

Bidders previously subject to the original deadline will thereafter be subject to

the deadline as extended.

IB.18 Late Bids

18.1 (a) Any Bid received by the Employer after the dead line for submission of

Bids prescribed in these Instructions to Bidders / Invitation to Bid will

be returned unopened to such Bidder.

13

(b) Delays of person in transit or delivery of a Bid to the wrong office shall

not be accepted as an excuse for failure to deliver a Bid at the proper

place and time. It shall be the Bidder’s responsibility to determine the

manner in which timely delivery of his Bid will be accomplished either

in person or by authorized representative or through registered post.

IB.19 Modification, Substitution and Withdrawal of Bids

19.1 Any Bidder may modify, substitute or withdraw his Bid after Bid submission

provided that modification, substitution or written notice of the withdrawal is

received by the Employer prior to the deadline for submission of Bids.

19.2 The modification, substitution or withdrawal of any Bid shall be prepared,

sealed, marked and delivered in accordance with the provisions of these

Instructions of Bidders with the outer and inner envelopes additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

19.3 Withdrawal of a Bid during the interval between the deadline for submission

of Bids and the expiration of the period of Bid validity specified in the Form of

Bid may result in forfeiture of the Bid Security pursuant to the clauses of these

Instructions to Bidders.

(E) BID OPENING AND EVALUATION

IB.20 Bid Opening

20.1 A Committee consisting of nominated members by the Employer will open the

Bids, including withdrawals, substitution and modifications made pursuant to

the clauses of these Instructions to Bidders, in the presence of Bidders’

representatives who choose to attend, at the time, date and location

stipulated in the Invitation for Bids.

The Bidders’ representatives who are present shall sign on the Attendance

Sheet evidencing their attendance.

20.2 Envelopes marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”

shall be opened and read out first and the name of the Bidder shall be read

out. Bids for which an acceptable notice of withdrawal has been submitted

pursuant to the clauses of these Instructions to Bidders, shall not be opened.

20.3 The Bidder’s name, bid prices, unit rates, any discount offered, Bid

modifications, substitutions and withdrawals, the presence or absence of Bid

Security, and such other details as the Employer at its discretion may

consider appropriate, will be announced by the Employer at the Bid opening.

The Employer will record minutes of Bid opening.

Any Bid price or discount which is not recorded in Minutes of Bid opening will

not be taken into account in the evaluation of Bid. Any discount offered by the

Bidder on its quoted prices, shall only be considered if such discount is either

shown on the duly filled-in, signed and stamped Form of Bid / Letter of price

bid or on the Summary Page of the quoted amount for lump sum contract /

bill of quantities as applicable. In case of any discrepancy or difference in the

rate or amount of discount mentioned in the Form of Bid/Letter of price bid

14

(as duly filled-in and signed), and on the Summary Page of the Priced BOQ,

the discount shown on the Priced BOQ shall prevail. Discount if offered,

through a separate letter of discount submitted with the Bid, will not be

entertained and shall be considered null & void.

20.4 Discounts offered for lesser period than the Bid validity shall not be

considered in evaluation.

IB.21 Clarification of Bids

21.1 To assist in the examination, evaluation and comparison of Bids, the

Procuring Agency may, at its discretion, ask the Bidder for a clarification of its

Bid. The request for clarification and the response shall be in writing and no

change in the price or substance of the Bid shall be sought, offered or

permitted.

IB.22 Preliminary Examination & Determination of Responsiveness of Bids

22.4 Evaluation Committee constituted for the purpose shall make preliminary

examination and determine the responsiveness of the Bids as follows:

(a) The Evaluation Committee will examine the Bids to determine whether;

(i) The Bid is complete and does not deviate from the scope,

(ii) Any computational errors have been made,

(iii) Required sureties have been furnished,

(iv) The documents have been properly signed,

(v) The Bid is valid till required period,

(vi) The Bid prices are firm during currency of contract if it is a fixed

price bid,

(vii) Completion period offered is within specified limits,

(viii) The Bid does not deviate from basic technical requirements and

specifications mentioned for the goods (equipment); and

(ix) The Bids are generally in order.

(b) A bid is likely not to be considered, if;

(i) it is unsigned,

(ii) its validity is less than specified,

(iii) it is submitted for incomplete scope of work,

(iv) it indicates completion period later than specified,

(v) it indicates that goods and materials to be supplied do not meet

eligibility requirements / specifications,

(vi) it indicates that Bid prices do not include the amount of

applicable taxes, and

(vii) there is alteration in Form of Bid.

(c) A bid will not be considered, if;

(i) It is not accompanied with bid security,

(ii) It is received after the deadline for submission of Bids,

(iii) It is submitted through fax, telex, telegram or email,

15

(iv) It indicates that prices quoted are not firm during currency of the

contract whereas the Bidders are required to quote fixed

price(s),

(v) The Bidder refuses to accept arithmetic correction,

(vi) It is materially and substantially different from the Conditions /

Specifications of the Bidding Documents.

It is after review and determination of the responsiveness as per above that

further action on technical evaluation will be taken.

22.2 Arithmetical errors will be rectified on the following basis:

If there is a discrepancy between the unit price and 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 there is a discrepancy between the words and

figures the amount in words shall prevail. If there is a discrepancy between

the total Bid price entered in Form of Price Bid and the total shown in

Schedule of Prices Summary, the amount stated in the Form of Price Bid will

be corrected by the Employer in accordance with the Corrected Schedule of

Prices.

If the Bidder does not accept the corrected amount of Bid, his Bid will be

rejected and his Bid Security forfeited.

22.3 The Employer / Evaluation Committee will determine the substantial

responsiveness of each Bid to the Bidding Documents. For purpose of these

Clauses, a substantially responsive Bid is one which conforms to all the terms

and conditions of the Bidding Documents without material deviations.

A material deviation or reservation is one:

(i) Which affect in any substantial way the scope, quality or performance

of the required supply and installation of goods (equipment);

(ii) Which limits in any substantial way, inconsistent with the Bidding

Documents, the Employer’s rights or the Bidder’s obligations under the

Contract; or

(iii) Whose rectification/adoption would affect unfairly the competitive

position of other Bidders presenting substantially responsive Bids.

22.4 A Bid determined as substantially non-responsive will be rejected and will not

subsequently be made responsive by the Bidder by correction of the non-

conformity.

22.5 Any minor informality or non-conformity or irregularity in a Bid which does not

constitute a material deviation may be waived by Employer, as long as the

waiver does not prejudice or affect the relative ranking of any Bidder.

IB.23 Detailed Evaluation of Bids

23.1 Only the Bids previously determined to be substantially responsive pursuant

to the clauses of these Instructions to Bidders will be evaluated and compared

16

in detail by the Employer / Evaluation Committee as per the requirements

given in the evaluation criteria.

23.2 Specifications offered by the Bidder will be reviewed for which the Bidder’s

data submitted with the Bid will be compared with the technical features /

criteria of the Goods / Services detailed and prescribed by the Employer in

these documents.

23.3 Bids indicating completion beyond 10 days later than the dates set out in

Conditions of Contract shall not be considered and rejected as

non- responsive.

IB.24 Process to be Confidential

24.1 Subject to any clause of these Instructions to Bidders, no Bidder shall contact

Employer / Evaluation Committee on any matter relating to its Bid from the

time of the Bid opening to the time the Bid evaluation result is announced by

the Employer.

24.2 Any effort by a Bidder to influence Employer / Evaluation Committee in the

Bid evaluation, Bid comparison or Contract Award decisions may result in the

rejection of his Bid. Whereas any Bidder feeling aggrieved may lodge a

written complaint not later than fifteen (15) days after the announcement of

the Bid evaluation result; however, mere fact of lodging a complaint shall not

warrant suspension of the procurement process.

(F) AWARD OF CONTRACT

IB.25 Post-Qualification

25.1 The Employer, at any stage of the bid evaluation, having credible reasons for

or prima facie evidence of any defect in supplier’s or contractor’s capacities,

may require the suppliers or contractors to provide information concerning

their professional, technical, financial, legal or managerial competence

whether already pre-qualified:

Provided that such qualification shall only be laid down after recording

reasons therefore in writing. They shall form part of the records of that bid

evaluation report.

25.2 An affirmative determination will be a pre-requisite for award of the Contract

to the lowest evaluated Bidder. A negative determination will result in rejection

of that Bidder’s Bid in which event, Employer will proceed to undertake a

similar determination of the next lowest evaluated Bidder’s capabilities to

perform the Contract satisfactorily.

IB.26 Award Criteria

26.1 Subject to the clauses of these Instructions to Bidders, the Employer will

award the Contract to the Bidder whose Bid has been determined to be

substantially responsive to the Bidding Documents and who has offered the

lowest evaluated Bid Price, provided that such Bidder has been determined

17

to be qualified to satisfactorily perform the Contract in accordance with the

provisions of these Instructions to Bidders.

IB.27 Employer’s Right to Vary Quantities

27.1 Employer reserves the right at the time of award of Contract to increase or

decrease the quantity of Goods and Services contained in the Schedule of

Prices without any change in the unit price or other terms and conditions. The

Employer also reserves the right to delete any one or more items of goods

(equipment) and services for which the bid has been called.

IB.28 Employer’s Right to Reject Bids

28.4 Employer reserves the rights to annul the bidding process and reject all Bids,

at any time prior to award of Contract, without thereby incurring any liability

to the affected Bidders or any obligation to inform the affected Bidders of the

grounds for the Employer’s action except that the grounds for its rejection

shall upon request be communicated, to any Bidder who submitted a Bid,

without justification of grounds. Rejection of all Bids shall be notified to all

Bidders promptly.

28.2 Employer may have clarification meeting(s) to get clarified any item(s) in the

Bid evaluation report.

IB.29 Notification of Award

29.1 Prior to expiration of the period of Bid validity prescribed by the Employer, the

Employer will notify the successful Bidder in writing (“Letter of Acceptance /

Work Order”) that his Bid has been accepted. This letter shall name the sum

which the Employer will pay the Contractor in consideration of the supply &

installation of required goods and provision of services / facility by the

Contractor as prescribed by the Contract (hereinafter and in the Conditions

of Contract called the “Contract Price”).

29.2 The Letter of Acceptance / Work Order and its acceptance by the Bidder will

constitute the formation of the Contract, binding the Employer and the

successful Bidder till signing of the formal Contract Agreement (In case the

formal Contract Agreement is not signed by an act of the successful Bidder

or due to some other reason, the letter of Acceptance / Work Order as well

as the terms and conditions of these documents shall be binding and

considered as terms and conditions between the Employer and successful

Bidder).

29.3 Upon furnishing by the successful Bidder of a Performance Security (if

applicable otherwise after signing of the former contract Agreement) the

Employer will promptly notify the other Bidders that their Bids have been

found unsuccessful and return their Bid securities.

IB.30 Signing of Contract Agreement

30.1 Within twenty (20) days from the date of issuing of Letter of Acceptance

/ Work Order, the successful Bidder shall submit to the Employer the Form

18

of Contract Agreement provided in the Bidding Documents, duly filled in and

incorporating all agreements between the parties for signing.

30.2 The formal Agreement between the Employer and the successful Bidder shall

be executed within ten (10) days of the receipt of such Form of Contract

Agreement by the Employer from the successful Bidder. The expenses for

executing the Contract Agreement shall be borne by the successful Bidder.

(G) ADDITIONAL (SPECIAL) INSTRUCTIONS

IB.31 Instructions Importance

31.1 Bids shall be prepared and submitted in accordance with the above

Instructions to Bidders including Additional (Special) Instructions which are

provided to assist Bidders in preparing their Bids.

IB.32 Contract Documents

32.1 The Documents which will be included in the Contract are listed in the Form

of Contract Agreement set out in these Bidding Documents.

IB.33 Sufficiency of Bid

33.1 Each Bidder shall satisfy himself before bidding as to the correctness and

sufficiency of his Bid and of the rates and prices entered in the Schedule of

Prices. Except in so far as it is otherwise expressly provided in the Contract,

the rates and prices entered in the Schedule of Price shall cover all his

obligations under the Contract and all matters and things necessary for the

proper completion of the works / supply and installation of goods (equipment).

IB.34 Bidder to inform himself

34.1 The Bidder is advised to obtain for himself at his own cost and responsibility

all information that may be necessary for preparing the Bid and entering into

a Contract for execution of the works / supply and installation of goods

(equipment). This shall include but not be limited to the following:

(a) Inquiries on Pakistani Income Tax to the Commissioner of the Income Tax and Sales Tax.

(b) Inquiries on Customs Duties and other Import Taxes, to the concerned authorities of Customs and Excise Department.

(c) Information regarding port clearance facilities, loading and unloading facilities, storage facilities, transportation facilities and congestion at Pakistan seaports.

(d) Investigations regarding transport conditions and the probable conditions which will exist at the time the Goods (Equipment) will be actually transported.

IB.35 Alternate Proposals by Bidder

35.1 If any Bidder may considers that he can offer any advantage to the Employer

by a modification to the designs, specifications or other conditions, he may,

in addition to his Bid to be submitted in strict compliance with the Bidding

Documents, submit any Alternate Proposal(s) containing (a) technical

19

specifications; and (b) any other relevant details / conditions, provided always

that the total sum entered on the Form of Bid shall be that which represents

complete compliance with the Bidding Documents.

35.2 Alternate Proposal(s): The Goods / Services offered of the specifications

superior to the one specified in these Bidding Documents may be acceptable,

only if alternate proposal is from the lowest bidder.

IB.36 Site Visit and Local Conditions

36.1 Bidder must verify and supplement by his own investigations the

information about site and local conditions. However, Employer will

assist the Bidder wherever practicable and possible.

36.2 All Bidders are required to visit the site at their own expense to review the

areas allocated for the Supply & Installation of Goods (Equipment) and the

interfacing facilities, if any. Bidders shall also study local conditions, available

facilities, communications, craft wages, roads and other transport facilities.

Bidders shall also acquaint themselves with the relevant laws, rules, and

regulations of Pakistan.

36.3 The Bidders and any of their personnel or agents will be granted permission

by the Employer to enter upon his premises and lands for the purpose of such

inspection, but only upon the express condition that the Bidders, their

personnel and agents, will release and indemnify the Employer, his personnel

and agents from and against all liability in respect thereof and will be

responsible for death or personal injury, loss of or damage to property and

any other loss, damage, costs and expenses incurred as a result of such

inspection.

IB.37 Clarification of Issues

37.1 Any prospective Bidder(s), may request the Employer / Evaluation Committee

to clarify issues and to answer any questions on matters related to the Bidding

Documents.

IB.38 Integrity Pact

38.1 The Bidder shall sign and stamp the Integrity Pact provided in Appendix of

Instructions to Bidder in the Bidding Documents. Failure to provide such

Integrity Pact shall make the Bid non-responsive.

IB.39 General Performance of the Bidders

39.1 The Employer reserves the right to obtain information regarding performance

of the Bidders on their previously awarded contracts/works. The Employer

may in case of poor performance of any Bidder so as past record of

terminated / incomplete works of similar nature pertaining to any Government,

Semi-Government, autonomous Body or Organization, reject his bid.

20

(H) APPENDICES

The Appendices Instructions to Bidders are as given below, and the Bidder

shall fill in all these Appendices:

• Appendix-A: Proposed Programme of Supply.

• Appendix-B: Integrity Pact.

21

Appendix-A

(Instructions to Bidders)

PROPOSED PROGRAMME OF SUPPLY.

Bidder shall provide a programme in a BAR-CHART / CPM / PERT Form showing

the sequence of Supply of Additional Items (PU Synthetic Flooring for Gym,

Sound System, AC Split etc.) by which he proposes to complete the Work of the

entire Contract. The programme should indicate the sequences of supply and

installation of items and the period of time during which he proposes to complete the

Works for each site including the activities like supply, ordering / procurement of

goods (equipment), delivering & schedule of installation of required Goods / Services

under the Contract.

22

Appendix-B

(Instructions to Bidders)

Integrity Pact

[To be filled and signed by the Bidder]

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS AND SERVICES IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.____________________ Dated

____________________

Contract Value: _________________

Contract Title: __________________

………………………………… [Name of Supplier] hereby declares that it has

not obtained or induced the procurement of any contract, right, interest,

privilege or other obligation or benefit from Government of Pakistan or

Government of the Punjab or any administrative sub division or agency

thereof or any other entity owned or controlled by Government of Pakistan or

Government of the Punjab through any corrupt business practice.

Without limiting the generality of the foregoing, [-----------------------------------

name of Supplier] represents and warrants that it has fully declared the

brokerage, commission, fees etc. paid or payable to anyone and not given or

agreed to give and shall not give or agree to give to anyone within or outside

Pakistan either directly or indirectly through any natural or juridical person,

including its affiliate, agent, associate, broker, consultant, director, promoter,

shareholder, sponsor or subsidiary, any commission, gratification, bribe,

finder’s fee or kickback, whether described as consultation fee or otherwise,

with the object of obtaining or inducing the procurement of a contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established & controlled by the Federal / Provincial Government except that

which has been expressly declared pursuant hereto.

[-----------------------------------------------------------name of Supplier] certifies that

it has made and will make full disclosure of all agreements and arrangements

with all persons in respect of or related to the transaction with Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government and has not taken any action

or will not take any action to circumvent the above declaration, representation

or warranty.

[-----------------------------------------------------------name of Supplier] accepts full

responsibility and strict liability for making any false declaration, not making

full disclosure, misrepresenting facts or taking any action likely to defeat the

purpose of this declaration, representation and warranty. It agrees that any

23

contract, right, interest, privilege or other obligation or benefit obtained or

procured as aforesaid shall, without prejudice to any other rights and

remedies available to Government of Pakistan or Government of Punjab or

any autonomous body established and controlled by Federal / Provincial

Government under any law, contract or other instrument, be voidable at the

option of Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government.

Notwithstanding any rights and remedies exercised by Government of

Pakistan or Government of Punjab or any autonomous body established and

controlled by Federal / Provincial Government in this regard,

[------------------------------------------------------------name of Supplier] agrees to

indemnify Government of Pakistan or Government of Punjab or any

autonomous body established and controlled by Federal / Provincial

Government for any loss or damage incurred by it on account of its corrupt

business practices and further pay compensation to Government of Pakistan

or Government of Punjab or any autonomous body established and controlled

by Federal / Provincial Government in an amount equivalent to ten time the

sum of any commission, gratification, bribe, finder’s fee or kickback given by

[-----------------------------------------------------------name of Supplier] as aforesaid

for the purpose of obtaining or inducing the procurement of any contract, right,

interest, privilege or other obligation or benefit in whatsoever form from

Government of Pakistan or Government of Punjab or any autonomous body

established and controlled by Federal / Provincial Government.

Name of Buyer: …………………. Name of Seller/Supplier: …………..

Signature: ……………………….. Signature: ………...………………… [Seal] [Seal]

24

(d) SPECIAL INSTRUCTIONS

AND BIDDING DATA

25

SPECIAL INSTRUCTIONS TO BIDDERS

BIDDING DATA

Sr. No.

Description of Special Instructions

1 Name of the Client: Director General / Secretary Sports Board Punjab. Method of procurement: “Single Stage Two Envelops” as prescribed

under PPRA Rules 2014

2 Name of the Project and Summary of the works:

Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) at Tehsil Level Gymnasiums Chak Jhumra & Jarranwala (District Faisalabad)

3 The Employer’s representative is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

4 The Client will provide the following inputs and facilities: (i). All available data.

5 Proposal must remain valid for 90 Days after the submission date, that is until:

21st May, 2020

6 Clarifications may be requested not later than 03 days before the submission date. The address for requesting clarifications Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

7 Bid language: English

8 Bidders should submit Programme for Supply of required Goods (Equipment) as per Appendix-A to Instructions to Bidders.

9 Amounts payable by the Client to the successful Bidder under the agreement to be subject to all applicable taxation: Yes

10 Bidders to quote the Bid Price: in Pak Rupees

26

11

Bidders must submit the Original and one Copy of the Technical and Financial Proposals as described in Instructions to Bidders.

12

Tender Document (Bidding Documents) submission address is: Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road, Lahore Telephone: 042-99232504 E-mail: [email protected]

Tender Document (Bidding Documents) must be submitted not later than the following date and time:

On or before 21st February, 2020 during office hours till 11:45 am

13 Amount of Bid Security: 2% of the estimated cost referred hereinafter, for the category of Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.).

14 Venue, time and date of Bid opening (Technical Proposal)

Office of the Deputy Director (Planning), Directorate General Sports Punjab, National Hockey Stadium, Ferozepur Road Lahore at 12:15 pm on 21st February, 2020

15 Period for furnishing and signing of contract agreement:

Within 10 days from the date of issuing of Letter of Acceptance / Work Order. The successful Bidder shall submit the contract agreement in the form provided in the Bidding Documents, within 07 days of the issuing of Letter of Acceptance / Work Order.

27

SECTION – 3

TECHNICAL AND FINANCIAL PROPOSALS-

STANDARD FORMS

FOR SUPPLY OF ADDITIONAL ITEMS (PU

SYNTHETIC FLOORING FOR GYM, SOUND

SYSTEM, AC SPLIT ETC.)

28

TECHNICAL PROPOSAL-STANDARD FORMS

29

TECHNICAL PROPOSALS

FORM TECHNICAL PROPOSAL SUBMISSION FORM

Location: ________________ Date____________

To:

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., Supply of Additional Items (PU Synthetic Flooring for Gym, Sound

System, AC Split etc.), in accordance with the Request for Proposals (Bidding

Documents) received by us in pursuance of the Tender Notice published in daily

newspapers and PPRA website. We are hereby submitting our Proposal, which

includes this Technical Proposal and a Financial Proposal sealed under separate

envelopes.

We hereby declare that all the information and statements made in this

Proposal are true and accept that any misinterpretation contained in it may lead to

our dis-qualification. We further accept that any incorrect / wrong information and

statement made in this proposal may lead to Civil and Criminal action, besides our

dis-qualification.

Our Proposal is binding upon us and subject to the modifications resulting

from Agreement negotiations.

We undertake, if our Proposal is accepted, to initiate the supply & installation

related to the assignment not later than the date indicated in Instructions to Bidders

(Bidding Data) and shall complete the work within the stipulated time period from the

date of receipt of Acceptance Letter / Work Order, otherwise liable for penalty as

prescribed in Proposals (Bidding Documents).

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

30

MANDATORY REQUIREMENTS / CRITERIA FOR SUBMITTING

TECHNICAL PROPOSALS

Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System,

AC Split etc.)

The Following Requirements / Conditions / Criteria must be fulfilled by the applicant

Bidder for submission of his Technical Proposal:

1. The Applicant / Company / Institution must be registered with Government.

The Applicant shall produce documentary proof of such registration.

2. The Applicant / Company / Institution must be registered Income Tax

Department and must produce NTN Certificate and GST registration

Certificate.

3. The Applicant / Company / Institution must not be Tax defaulter or Black listed

by any Government Department, Semi Government Department or

Autonomous Body. In this regard, the applicant shall submit undertaking in

judicial stamp paper

4. The Applicant / Company / Institution must have Sound Financial Position.

The Applicant must submit his Bank Statement for the last Two Years to

establish sound Financial Position

5. The Applicant / Company / Institution must have experience of supply /

manufacturing of required items of procurement. In this regard, the applicant

shall submit the Documentary proof / copies of work orders to establish his

relevant experience

6. In case of Manufacture Bidder, he shall submit the details of his

Manufacturing Unit, complete address, Machinery description and the total

Staff / Workers employed by him. In case of Supplier Bidder, he shall submit

his experience of supplying goods to different Public Sector or Private Sector

Institutions.

7. For the supply of PU PU Synthetic Flooring for Gym for Gymand Sound

System, the bidder must be an authorized Agent / Dealer / Distributor of the

Principal Supplier Company from whom he offers to get the supply of these

items.

8. The successful Bidder shall be required to supply the required items of

Procurement at the concerned site in Punjab. The quoted price / Bid must

include the Transportation charges as well as installation charges and no

additional charges shall be paid for supply of required Items at different sites,

as directed by the Employer.

9. The successful bidder shall bring and produce a sample of each item

within three days after the opening of Financial Bid and get it inspected

and passed by the Inspection Committee constituted by the Employer

for the purpose.

31

TECHNICAL PROPOSALS

Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System,

AC Split etc.)

EVALUATION CRITERIA

A. Mandatory Requirements:

The following mandatory requirements must be fulfilled by the applicant for establishing his responsiveness:

Sr.# Mandatory Requirements Documentary Evidence Total Marks

1. Registration / Incorporation of

Contractor / Firm / Company under the laws of Pakistan.

Certificate of Contractor / Firm / Company Registration.

Mandatory

2. Valid FBR Registration. NTN Certificate Copy. Mandatory

3. Valid General Sales Tax

Registration General Sales Tax Registration

Certificate Mandatory

4. Valid Punjab Sales Tax

Registration, if applicable Punjab Sales Tax Registration

Certificate, if applicable. Mandatory

5.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case of Sole Proprietorship, Affidavit is to be

attached.

Partnership Deed / Memorandum of Article of Association in case of

Limited Company / Limited Firm with copy of Power of Attorney. In case

of Sole Proprietorship, Affidavit should be attached.

Mandatory

6.

Undertaking that the Contractor / Firm / Company or any Partner(s) is

not blacklisted by Provincial or Federal Government Department,

Agency, Organization or autonomous body anywhere in

Pakistan.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

7.

Undertaking that the Contractor / Firm / Company or any Partner(s) of

JV has no arbitration / litigation / enquiry / investigation or similar proceedings by or against any

Government, Semi-Government Department or Autonomous Body. In case of such proceedings, the extent

and results of such proceedings should be mentioned in detail.

Undertaking on Stamp Paper by the Applicant (in case of JV, all Partners

shall sign the undertaking). Mandatory

32

Sr.# Mandatory Requirements Documentary Evidence Total Marks

8.

Adherence to time line in completion of work non-adherence without just cause shall result in imposition of

penalty.

Undertaking on Stamp Paper that the Bidder shall, within 7 days after

the issuance of Letter of Award (Work Order), provide the schedule of activities according to the time

line given in the Bidding Documents and shall adhere to it, otherwise liable to imposition of penalty.

Mandatory

9.

Financial Soundness Sufficient Bank Balance available

with the Contractor / Firm / Company for providing the services and execution of work in time line.

Bank Statement / Audited Accounts for the last 24 months in the name of

Company / Firm is to be attached. (In case of JV / Consortium, Bank

Statements / Audited Accounts of all partners are to be attached)

Mandatory

10.

For supply of Sound System and PU Synthetic Flooring for Gym, Bidder

must be Authorized Agent / Dealer / Distributor of the Principal Supplier

Company.

Letter of Authorization as Agent / Dealer / Distributor of the Principal

Supplier Company for supply of Sound System and PU Synthetic

Flooring for Gym

Mandatory

B. Technical Proposals Scoring Criteria:

Total Marks: 100 Qualifying Marks: 70

Sr. No.

Description Marks Distribution Marks

1. Personnel Capability

(Strength of Permanent Staff).

Marks Distribution:

• Management Staff (5 Marks)

• Financial Staff (5 Marks)

• Technical Staff (5 Marks)

• Field Staff (5 Marks)

(List of names of Permanent Staff along with CVs and the proof of their

engagement with the Company / Firm should be attached).

20

33

Sr. No.

Description Marks Distribution Marks

2. Years in Business of Applicant

Firm / Company

• 10 Years & above (10 Marks)

• 7 Years upto 10 Years (7 Marks)

• 5 Years upto 7 Years (5 Marks)

• 2 Years upto 5 Years (2 Marks)

(Profile and documentary evidence required for proving year of Establishment of Business of Applicant Firm / Company).

10

3.

General experience in Supply of Additional Items (PU Synthetic

Flooring for Gym, Sound System, AC Split etc.).

Marks Distribution:

02 Projects (5 Marks)

03-04 Projects (10) Marks)

05 & Above Projects (15 Marks)

(List of Projects referred above along with documentary proof

should be attached).

15

4.

Experience in Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) to any Government, Semi

Government or Autonomous Body established / controlled by

Government.

Marks Distribution:

01 Project (8 Marks)

02 Projects (12 Marks)

03 Projects (16 Marks)

04 & Above Projects (20 Marks)

(List of Projects referred above along with documentary proof

should be attached).

20

34

Sr. No.

Description Marks Distribution Marks

5. Financial Soundness

• Available Bank Turn Over for last 02 years.

If 1 million to less than 2 Million (5 Marks)

If 2 million to less than 5 Million (10 Marks)

If 5 million to less than 10 Million (15 Marks)

If 10 million to less than 15 Million (20 Marks)

If 15 million & above (25 Marks)

25

6.

Supply of Additional Items (PU Synthetic Flooring for Gym,

Sound System, AC Split etc.) available with the Applicant for

supply.

List of Supply of Additional Items (PU Synthetic Flooring for Gym,

Sound System, AC Split etc.) available with the Applicant for

supply with proof of ownership and year of purchase / manufacturing

should be attached. (10 Marks).

10

35

TECHNICAL PROPOSALS

(BRAND, MAKE AND SPECIFICATION OF OFFERED GOODS)

Supply of Additional Items (PU Synthetic Flooring for Gym,

Sound System, AC Split etc.)

The bidder shall mention the brand name, make country and main specifications / features of the offered items of procurement. The unfilled (blank) or incomplete / vague information shall not be considered and the Technical Proposal for such item shall be declared non-responsive.

Sr. #

Description & Specification of Required

Item

Brand Name / Company

Name of Imported

Country or local

Main Specifications / Features of Goods (Equipment)

offered by Supplier

1.

Sound System • Super Quality Woofer

Speaker with cabinet

• Power AMP

• Pre-Mixer 4 Channel

• Speaker Wire

• Cordless Mics

• Complete Installation at site

• Imported

2.

Air Conditioner • Split AC 1.5 ton

• Mitsubishi or Daiken or Equivalent

3. LED Panel 60” (Sharp or Equivalent)

4.

PU Synthetic Flooring for Gym Fitness Hall (20’x56’) (Imported) with complete installation at site

5. Electric Water Cooler (100 Gallon)

6.

Water Dispenser (Orient, Haier or Equivalent)

Note: -

The successful bidder shall bring and produce a sample of each item before actual delivery at the required site and get it inspected and passed by the Inspection Committee constituted by the Employer for the purpose

Any Sample of Item provided by a Bidder if do not conform to the required quality and match with the Specified Specifications, the same item shall not be passed for handing / taking over.

36

FINANCIAL PROPOSAL-STANDARD FORMS

37

FORM - FINANCIAL PROPOSAL SUBMISSION FORM

Location----------------------------Date----------------------------

To: [Name and address of Employer]

Dear Sir,

We, the undersigned, offer to provide the required Goods (Equipment) and

Services i.e., “Supply of Additional Items (PU Synthetic Flooring for Gym, Sound

System, AC Split etc.)” in accordance with Tender Document (Bidding Documents)

received by us in pursuance of the Tender Notices Published in Daily Newspaper

and PPRA website. Our attached Financial Proposal is for the sum of:

--------------------------------------------------------------------------------------------------------------

[Insert amount(s) in words and figures].

This amount is inclusive of all the applicable taxes.

Our Financial Proposal shall be binding upon us subject to the modifications

resulting from Agreement negotiations, up to expiration of the validity period of the

Proposal, i.e., before the date indicated in the Instructions to Bidders (Bidding Data).

No commissions or gratuities have been or are to be paid by us to agents

relating to this Proposal and Agreement execution.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: ________________________________

Name and Title of Signatory: __________________________________________

Name of Firm: _____________________________________________________

Address: __________________________________________________________

38

FORM - SUMMARY OF COSTS

Sr. # Description of Required Item Rate Per Unit

inclusive all applicable Taxes (In Rs.)

1.

Sound System • Super Quality Woofer Speaker with

cabinet

• Power AMP

• Pre-Mixer 4 Channel

• Speaker Wire

• Cordless Mics

• Complete Installation at site

• Imported

Lump Sum for complete installation for one site

2.

Air Conditioner • Split AC 1.5 ton

• Mitsubishi or Daiken or Equivalent

Rate per Unit with complete installation at site

3. LED Panel 60” (Sharp or Equivalent)

Rate per Unit with complete installation at site

4. PU Synthetic Flooring for Gym Fitness Hall (20’x56’) (Imported) with complete installation at site

Rate per Sqft with complete installation at site

5. Electric Water Cooler (100 Gallon)

Rate per Unit with complete installation at site

6. Water Dispenser (Orient, Haier or Equivalent)

Rate per Unit with complete installation at site

39

SECTION - 4

FORM OF CONTRACT

FORM OF CONTRACT FOR SUPPLY OF ADDITIONAL

ITEMS (PU SYNTHETIC FLOORING FOR GYM,

SOUND SYSTEM, AC SPLIT ETC.).

40

FORM OF CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _______

day of ______________________ (month) 2020, between _________________________

_____________________________________(hereafter called the “Employer”) of the one

part and ____________________________________________ (hereafter called the

“Contractor”) of the other part.

WHEREAS the Employer is desirous that certain Works, viz procurement of Supply of

Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) should

be carried out / executed by the Contractor and has accepted a Bid of the Contractor for the

execution and completion of such Works and the remedying of any defects therein.

NOW this Agreement witness 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 hereinafter referred to.

2. The following documents after incorporating addenda, if any except those parts relating

to Instructions to Bidders, shall be deemed to form and be read and construed as part

of this Agreement, viz:

(a) Contract Agreement.

(b) Letter of Acceptance (Work Order).

(c) The completed Form of Request for Proposals (Bidding Documents)

(d) The Conditions of Contract and Special Conditions of Contract.

(e) The Specifications and terms and conditions specifically provided for fulfillment in the Bidding Documents – Standard Forms.

3. The Procurement of Supply of Additional Items (PU Synthetic Flooring for Gym,

Sound System, AC Split etc.) should be as per specifications mentioned in Tender

Document (Bidding Documents). If the material provided by the Contractor will not

meet the specification as per aforesaid requirement, then necessary action will be

taken against the Contractor as provided under law.

4. With reference to Tender Document (Bidding Documents) mutually agreed between

the Employer and Contractor relevant copies of the Request for Proposals (Bidding

Documents) attached to this contract / agreement are;

(a) “Financial Proposals” of Bidding Documents.

(b) “List of Goods / Services (Bill of quantities)” of Bidding Documents.

5. The “Schedule of Payment” shall be after Actual Supply of the Partial or Complete

consignment under contract agreement. Final Payment shall be made on completion

of work (supply of all Goods / Services) and fulfillment of all terms and conditions of

contract and submission of Guarantee as required under the Special Conditions of

Contract. No other charges to be paid after the full payment.

6. Tender Document (Bidding Documents) of the subject procurement shall be

considered part of the Contract Agreement.

41

7. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute

and complete the Works and remedy defects herein in conformity and in all respects

with the provisions of the Contract.

8. The Employer hereby covenants to pay the Contractor, in consideration of the

execution and completion of the Works as per 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 on

the ----------------------------------------------------------

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on

the day, month and year first before written in accordance with their respective laws.

Signature of the Contactor Signature of Employer

_______________________________ _______________________________

(Seal) (Seal)

Signed, Sealed and Delivered in the presence of:

Witness: Witness:

_______________________________ _______________________________

(Name, Title and Address) (Name, title and Address)

42

CONDITIONS OF CONTRACT

Definitions and Interpretations

1.4 Definitions

In the Contract (as hereinafter defined) the following words and expressions shall have

the meanings hereby assigned to them:

1.1.1 "Commencement Date" means the date of receipt of Acceptance Letter (Work

Order).

1.1.2 "Conditions" means the Form of Contract Agreement and these Conditions of

Contract.

1.1.3 "Contract" means the agreement between the Employer and the Contractor

for the execution of the Works incorporating the Conditions, Specifications,

Tender, Letter of Acceptance (Work Order) and such further documents as may

be expressly incorporated by the Letter of Acceptance (Work Order). Any

subsequent documents mutually agreed and signed by the Employer and the

Contractor shall be the part of the Contract.

1.1.4 "Contract Agreement" means the documents recording the terms of the

Contract between the Employer and the Contractor.

1.1.5 "Contract Price" means the sum stated in the Letter of Acceptance (Work

Order) as payable to the Contractor for the Supply, Installation, Execution and

Completion of the Works subject to such additions thereto or deductions

therefrom as may be made under the provisions of hereinafter contained and

remedying of any defects therein in accordance with the provisions of the

Contract.

1.1.6 "Contractor" means the person whose bid has been accepted by the

Employer and the legal successors in title to the Contractor but not (except with

the consent of the Employer) any assignee of the Contractor.

1.1.7 "Contractor's Drawings” means all drawings, samples, patterns, models and

operation & maintenance manuals to be submitted by the Contractor.

1.1.8 "Receipt Certificate" means the certificate to be issued by the Procurement

Committee for satisfactory execution of work / supply & installation of Goods in

accordance with these Conditions of Contract.

1.1.9 "Defects Liability Period" means one year following taking over (issuing date

of Receipt Certificate), during which the Contractor is responsible for making

good defects and damage in accordance with the Conditions of Contract.

1.1.10 “Employer" means the person named as such in the Form of Contract and the

legal successors in title to the Employer but not (except with the consent of the

Contractor) any assignee of the Employer.

43

1.1.11 "Employer's Drawings" means all the drawings, information and

specifications provided by the Employer to the Contractor under the Contract.

1.1.12 "Employer's Risks” means those risks defined in these Conditions of

Contract.

1.1.13 "Force Majeure" has the meaning assigned to it under these Conditions of

Contract.

1.1.14 "Gross Misconduct" means any act or omission of the Contractor in violation

of the most elementary rules of diligence which a conscientious contractor in

the same position and under the same circumstances would have followed.

1.1.15 "Letter of Acceptance" will assign to the word “Work Order” and means the

formal acceptance by the Employer of the Tender incorporating any

adjustments or variations to the Tender agreed between the Employer and the

Contractor.

1.1.16 "Retention Money" means the security to be deducted from the payable

amounts of the Contractor in accordance with the terms and conditions of the

Contract.

1.1.17 "Goods” mean machinery, apparatus, materials, articles, equipment and all

things to be provided under the Contract.

1.1.18 "Site" means the place or places, provided or made available by the Employer

where work is to be done by the Contractor or to which Goods are to be

delivered / installed / fixed, together with so much of the area surrounding the

same as the Contractor shall with the consent of the Employer use in

connection with the Works otherwise than merely for the purposes of access.

1.1.19 "Specification" means the specification of the Goods included in the

Pre-Qualification Notice / Documents for Pre-Qualification / Request for

Proposals (Bidding Documents) / Contract and any modification thereof made

in accordance with the Conditions of Contract.

1.1.20 “Procurement Committee” means a Committee constituted by the Employer

to perform the functions as such under the terms and conditions of Contract.

1.1.21 “Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee” means a Committee constituted by the Employer to perform the

functions as such under the terms and conditions of Contract.

1.1.22 “Finance Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.23 “Verification Committee” means a Committee constituted by the Employer to

perform the functions as such under the terms and conditions of Contract.

1.1.24 "Receipt Certificate" means the certificate to be given by the Procurement

Committee to the Contractor in accordance with these Conditions of Contract.

44

1.1.25 "Tender" means the Contractor's offer to the Employer for the Supply of Goods

and its Installation / Fixation. The word “Tender” is synonymous with the word

“Bid” and the word “Tender Documents” with “Bidding Documents” or “Request

for Proposals” including financial proposal and technical proposal.

1.1.26 "Inspection on Completion" means the tests / inspections specified in the

Contract or otherwise agreed by the Procurement Committee and the

Contractor to be performed before the goods / services / works are taken over

by the Employer.

1.1.27 "Time for Completion" means the time stated in the Contract / Bidding

Documents for completing the Works. The time for completion shall be

calculated from the Commencement Date to the issuance of Receipt Certificate

by the Procurement Committee of the Directorate General Sports / Sports

Board Punjab.

1.1.28 "Variation Order" means any written order, identified as such, issued to the

Contractor by the Procurement Committee under the Conditions of Contract.

1.1.29 "Works" means all supply, installation of Goods and Services to be

provided, installed / fixed and work to be done by the Contractor under

the Contract.

1.1.30 “Guarantee” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for replacing any

defective Goods / Equipments during the specified Guarantee period, which

should commence after “Receipt Certificate”.

1.1.31 “Warranty” means the Certificate against specified Goods / Equipments for

the period mentioned in the Conditions of Contract / Bidding Documents, to be

issued by the Contractor that the Goods / Equipments supplied under the

Contract are new, unused and incorporate all recent improvements in design

and materials and that the Contractor will be responsible for making good any

defective Goods / Equipments during the specified Warranty period, which

should commence after “Receipt Certificate”.

1.5 Periods

In these Conditions "days" means calendar day and "year" means 365 days.

2.1 Assignment

The Contractor shall not assign the Contract or any part of his obligations under the

Contract. A charge in favour of the Contractor's bankers of any monies due under the

Contract shall not be considered an assignment.

3.1 Subcontracting

The Contractor shall not subcontract the part or whole of the Works.

45

4.7 Day to Day Communications

The language for day to day communications is stated in the Preamble.

4.8 Priority of Contract Documents

Unless otherwise provided in the Contract, the priority of the Contract documents shall

be as follows:

1. Letter of Acceptance (Work Order). 2. Form of Contract Agreement. 3. Completed Standard Form of Pre-Qualified Documents and Bidding Documents. 4. Special Conditions of Contract. 5. Conditions of Contract. 6. Terms and Conditions to be fulfilled as per Technical Proposals Forms. 7. The specifications given in Bidding Documents. 8. Any other documents forming part of the Contract.

5.4 General Obligations

a. The Contractor shall commence the work on the specified date and shall proceed with the same with due expedition and without delay.

b. The Contractor shall, in accordance with the Contract, with due care and diligence, complete the Works and get tested / inspected the Goods and carry out the Works within the Time for Completion.

Contract Agreement

6.4 Contract Agreement

The Contractor shall, if called upon so to do, execute a Contract Agreement recording

all the terms of the Contract, to be prepared by and completed.

6.5 Sufficiency of Contract Price

The Contractor shall be deemed to have satisfied himself on and taken account of in his Tender:

(a) All the conditions and circumstances affecting the Contract Price,

(b) The possibility of carrying out the Works as described in the Contract,

(c) The general circumstances at the Site and

(d) The general labour position at the Site.

6.6 Physical Obstructions and Conditions

If during the execution of the Works on Site, the Contractor encounters physical

obstructions or conditions of the kind stipulated in these Conditions of Contract, the

Contractor shall be entitled to recover such additional cost incurred in consequence.

The Procurement Committee shall certify and there shall be added to the Contract

Price the additional cost, after approval by the Employer.

Contractor's Representative

7.34 Contractor's Representative

The Contractor shall employ one or more competent representatives to superintend

the carrying out of the Works on Site. They shall be fluent in the language for day to

day communications. Their names shall be communicated in writing to the

Procurement Committee before work (supply and installation of Goods) on Site begins.

46

Any instruction or notice which the Employer give to the Contractor's representative

shall be deemed to have been given to the Contractor.

7.35 Objection to Contractor's Employees

The Contractor shall, upon the Employer’s written instruction, remove from the Works

any person employed by him in the execution of the Works, who misconducts himself

or is incompetent or negligent.

7.36 Safety Precautions

The Contractor shall observe all applicable regulations regarding safety on the Site.

Unless otherwise agreed, the Contractor shall, from the commencement of work on

Site till taking over by the Employer, provide:

(a) Fencing, lighting, guarding and watching of the Works, and

(b) Temporary roadways, footways, guards and fences which may be necessary

for the accommodation and protection of owners and occupiers of adjacent

property, the public and others.

In order to provide for the safety, health and welfare of persons, and for prevention of

damage of any kind, all operations for the purposes of or in connection with the

Contract shall be carried out in compliance with the safety requirements of the

Government of Pakistan with such modifications thereto as the Procurement

Committee may authorize or direct and the Contractor shall take or cause to be taken

such further measures and comply with such further requirements as the Procurement

Committee may determine to be reasonably necessary for such purpose.

The Contractor shall make, maintain, and submit reports to the Procurement

Committee concerning safety, health and welfare of persons and damage to property

as the Procurement Committee may from time to time prescribe.”

7.37 Electricity Water and Gas

The Contractor shall be responsible for making his own arrangements for the adequate

supply of electricity, water and gas required for the effective performance of his

obligations under the Contract. Subject to the aforesaid, the Contractor shall be entitled

to use for the purposes of the Works such supplies and services as may be available

on the Site. The Contractor shall, before the commencement of the work at Site, seek

the approval of the Procurement Committee as to his detailed requirements of

electricity, water and gas for the entire Contract period. The Contractor shall pay the

Employer at the rates / cost incurred by the Employer. The Contractor shall at his own

cost provide any apparatus necessary for such use”. The contractor will bear the cost

of distribution network for electricity, potable water, telephone, gas and their

consumption by his own personnel for the purpose of the work.

7.38 Employer's Equipment

The Employer may, if the Contractor so requests for the execution of the works,

operate any available equipment of the Employer. The Contractor shall pay the

Employer a mutually agreed price for such use.

The Employer shall during such operation retain control of and be responsible for the

47

safe working of the equipment. In case of any damage / loss by the Contractor, such

loss shall be made good by the Contractor.

7.39 Clearance of Site

The Contractor shall from time to time during the progress of the Works clear away

and remove all surplus materials and rubbish. On completion of the Works, the

Contractor shall remove all Contractor's Equipment and leave the whole of the Site

and the Works clean and in a workmanlike condition, to the satisfaction of the

Procurement Committee.

7.40 Authority for Access

No persons other than the employees of the Contractor shall be allowed on the Site

except with the consent of the Procurement Committee.

Facilities to inspect the Works shall at all times be afforded by the Contractor to the

Procurement Committee, the Employer's representatives, authorities and officials.

7.41 Information for Import Permits and Licenses

The Contractor shall submit to the Employer in good time such details of all Goods /

Equipment to be imported into Pakistan.

7.42 Compliance with Statutes, Regulations

The Contractor shall, in all matters arising in the performance of the Contract, comply

in all respects with, give all notices and pay all fees required by the provisions of any

National or State Statute, Ordinance or other law or any Regulation or Bye-law of any

duly constituted authority.

7.43 Compliance with Laws

The Contractor shall comply with the laws of Pakistan where the Goods are to be

installed / fixed.

7.44 Photographs of Works and Advertisement Prohibited

Except with the prior written authorization of the Employer, the Contractor shall not

exhibit or permit to be exhibited and Photographs or advertisement on the Works.

Obligations of the Employer

8.4 Access to and Possession of the Site

The Employer shall in reasonable time grant the Contractor access to and possession

of the Site, which may, however, not be exclusive to the Contractor.

8.14 Consents and Way leaves

The Employer shall in due time obtain or grant all consents including permits-to-work,

way leaves and approvals required for the Works.

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8.15 Import Permits and Licenses

The Employer shall issue permissions, letters, certificates and provide such other

assistance to the Contractor for his obtaining permits-to-work, way leaves and

approvals from any other department / authority and right of way from private owners,

if required. The Contractor will bear the cost of logistics, fees, etc. for such activities.

8.16 Records of Safety and Health

The Contractor shall maintain such records and make such reports concerning safety,

health and welfare of persons and damage to property as the Procurement Committee

may from time to time prescribe.

8.17 Reporting of Accidents

The Contractor shall report to the Procurement Committee details of any accident as

soon as possible after its occurrence. In the case of any fatality or serious accident,

the Contractor shall, in addition to appropriate action required under the law, notify the

Procurement Committee immediately by the quickest available means.

9.13 Sample Testing

Before installation / fixation, the Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee shall inspect, examine and test a sample of each item of Goods

/ Materials (Sports items) to be supplied under the Contract. The supply and installation

of all Goods shall be subject to the approval of sample by the said Committee.

9.14 Inspection and Testing During Installation

The Procurement Committee shall be entitled during installation / fixation to inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. This shall take place on the Contractor's

premises during working hours.

No such inspection, examination or testing shall release the Contractor from any

obligation under the Contract.

9.15 Independent Inspection

Verification Committee of Sports Board Punjab, during installation, may inspect,

examine and test the materials and workmanship and check the progress of installation

of all Goods to be supplied under the Contract. For this purpose, such independent

inspection shall be considered as Procurement Committee’s inspection.

The inspection and testing of the materials supplied / installed under the Contract shall

be carried out by the Procurement Committee which shall, after satisfaction, issue the

Certificate of Receipt.

9.16 Date for Inspection and Testing

The Procurement Committee or Verification Committee shall give the Contractor 24

hours notice of his intention to attend the inspection / tests. The Contractor shall

provide such assistance, labour materials, electricity, fuel, stores, apparatus and

instruments as may be necessary to carry out the inspection / tests efficiently.

49

10.4 Rejection

If, as a result of the inspection, examination or testing as referred in the above stated

Clause, the Procurement Committee or Verification Committee of the Sports Board

Punjab decides that any Goods is defective or otherwise not in accordance with the

Contract, it may reject such Goods and shall notify the Contractor thereof immediately.

The notice shall state the Procurement Committee’s or Verification Committee’s

objections with reasons.

The Contractor shall then with all speed make good the defect or ensure that any

rejected Goods complies with the Contract.

If the Procurement Committee or Verification Committee requires such Goods to be

retested, the tests shall be repeated under the same terms and conditions. All costs

incurred by the Employer by the repetition of the tests shall be deducted from the

Contract Price.

Suspension of Works or Delivery

11.16 Order to Suspend

The Procurement Committee or the Employer may at any time instruct the Contractor to:

(a) Suspend progress of the Works, or

(b) Suspend delivery of Goods or Contractor's Equipment which is ready for

delivery to the Site at the time for delivery or if no time is specified, at the time

appropriate for it to be delivered, or

(c) Suspend the installation of Goods which has been delivered to the Site.

When the Contractor is prevented from delivering or installing Goods, it shall be

deemed that Procurement Committee or the Employer has instructed a suspension,

except when such prevention is caused by the Contractor's default.

The Contractor shall, during suspension period, protect and secure the Works or

Goods at the Site, as the case may be, against any deterioration, loss or damage.

11.17 Cost of Suspension

The additional cost incurred by the Contractor in protection, securing and insuring the

Works or Goods and in following the Procurement Committee’s or Verification

Committee’s instructions and in resumption of the work, shall be added to the Contract

Price. Such additional cost shall be determined by the Procurement Committee and

approved by the Employer.

The Contractor shall not be entitled to be paid any additional costs if such suspension

is necessary by reason of a default on the part of the Contractor.

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The Contractor shall not be entitled to additional costs unless he notifies the

Procurement Committee or Employer of his intention to make such claim, within twenty

eight (28) days after receipt of the order to suspend progress or delivery or installation.

11.18 Payment in Event of Suspension

The Contractor shall be entitled to payment for Goods which has not been delivered to

Site if the work on Goods or delivery of Goods has been suspended for more than

twenty eight (28) days. After twenty eight (28) days of suspension, the Contractor shall

be entitled to payment of the value as determined by the Procurement Committee.

A Certificate of payment shall be issued on condition that:

(a) The Contractor has marked the Goods as the Employer's property in

accordance with the Procurement Committee’s instructions, and

(b) The suspension is not due to the Contractor's default.

11.19 Prolonged Suspension

If suspension under above Clause, has continued for more than eighty four (84) days,

and the suspension is not due to the Contractor's default, the Contractor may, by notice

to the Procurement Committee or the Employer, require permission to proceed within

twenty eight (28) days.

If permission is not granted within that time, the Contractor may treat the suspension

as an omission under the Conditions of Contract or if the suspension affects the whole

of the Works, terminate the Contract.

11.20 Resumption of Work

If the Contractor chooses not to treat prolonged suspension as an omission or

termination under the Conditions of Contract, the Employer shall upon the request of

the Contractor, take over the responsibility for protection, storage, security and

insurance of the suspended Works and of the Goods which has been delivered to the

Site, and risk of loss or damage thereto shall thereupon pass to the Employer.

After receipt of permission or an order to proceed, the Contractor, shall after due notice

to the Procurement Committee, examine the Works and the Goods affected by the

suspension. The Contractor shall make good any deterioration or defect in or loss of

the Works or Goods that may have occurred during the suspension. Cost properly

incurred by the Contractor which would not have been incurred but for the suspension

shall be added to the Contract Price.

The Contractor shall not be entitled to payment for costs incurred in making good any

deterioration, defect or loss caused by faulty workmanship or materials or by the

Contractor's failure to take the measures for protecting and securing the Works or

Goods during suspension.

Completion

12.10 Time for Completion

The Works (Supply and Installation of Goods) at the specified place of the work

mentioned in the Conditions of Contract / Bidding Documents shall be completed,

51

tested and commissioned within the stipulated period mentioned in Conditions of

Contract / Bidding Documents.

12.11 Extension of Time for Completion

The Contractor may claim an extension of the Time for Completion if he is or will be

delayed in completing the Works by any of the following causes:

(a) Extra or additional work ordered in writing under Conditions of Contract,

(b) Exceptional adverse weather conditions,

(c) Physical obstructions or conditions which could not reasonably have been foreseen by the Contractor,

(d) Employer's or Procurement Committee’s instructions, otherwise than by reason of the Contractor's default,

(e) The failure of the Employer to fulfill any of his obligations under the Contract,

(f) Delay by any other contractor engaged by the Employer,

(g) Any suspension of the Works under Clause referred to above, except when due to the Contractor's default,

(h) Force Majeure.

The Contractor shall give to the Employer or Procurement Committee notice of his

intention to make a claim for an extension of time within fourteen (14) days of the

circumstances for such a claim becoming known to the Contractor. The notice shall be

followed as soon as possible by the claim with full supporting details.

The Employer or the Procurement Committee, after due consultation with the

Employer, shall grant the Contractor from time to time, either prospectively or

retrospectively, such extension of Time for Completions as may be justified. In case of

time extension by Procurement Committee, it shall notify the Employer and the

Contractor accordingly.

The Contractor shall be entitled to such extension whether the delay occurs before or

after the Time for Completion.

12.12 Delay in Completion

If the Contractor fails to deliver the Works or any part thereof, within the stipulated time

period under the Conditions of Contract or fails to complete the whole of the Work, or,

if applicable, any Section thereof within the relevant time prescribed by Conditions of

Contract, then the Contractor shall pay to the Employer the relevant sum stated herein

below as liquidated damages for such default (which sum shall be the only moneys

due from the Contractor for such default) for every day or part of a day which shall

elapse between the relevant time for Delivery or Time for Completion and the actual

date of delivery at site or the date stated in a Receipt Certificate of the whole of the

Works or the relevant Section, as the case may be, subject to the applicable limit stated

herein below.

The Employer may deduct the amount of such damages from any monies due or to

become due to the Contractor. The payment or deduction of such damages shall not

relieve the Contractor from his obligation to complete the Works, or from any other of

his obligations and liabilities under the Contract.

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The liquidated damages for each day of delay and the maximum amount of liquidated

damages shall be the amounts mentioned in the Special Conditions of Contract

(Special Stipulations).

Taking Over

13.7 Taking Over

The Works shall be deemed “taken over by the Employer” when they have been

completed in accordance with the Contract, have passed the Inspection Tests on

Completion, Procurement Committee has issued the Inspection Certificate and a

Receipt Certificate has been issued or deemed to have been issued in accordance

with Conditions of Contract.

13.8 Receipt Certificate

The Contractor may apply by notice to the Procurement Committee for a Receipt

Certificate not earlier than fourteen (14) days before the Works will, in the Contractor's

opinion, be complete and ready for taking over.

The Procurement Committee shall within twenty eight (28) days after the receipt of the

Contractor's application either:

(a) Issue the Receipt Certificate to the Contractor with a copy to the Finance

Committee stating the date on which the Works were complete and ready for

taking over, or

(b) Reject the application giving his reasons and specifying the work required to

be done by the Contractor to enable the Receipt Certificate to be issued.

If the Procurement Committee fails either to issue the Receipt Certificate or to reject

the Contractor's application within the period of twenty eight (28) days, the Contractor

shall give notice to the Employer. In case no action is taken by the Employer to issue

the Receipt Certificate or reject the Contractor’s application within the period of twenty

eight (28) days, it shall be deemed that Procurement Committee has issued the

Receipt Certificate on the last day of Contractor’s notice time period before the

Employer.

Defects after Taking Over

14.22 Defects Liability Period

Defects Liability Period shall be as mentioned in the Special Conditions of Contract

(Special Stipulations). The Contractor shall be responsible of making good any defect

in or damage to any part of the Goods / Installation of Goods which may appear or

occur during the Defects Liability Period and which arises from, either:

(a) Any defective equipment, materials, workmanship or design, or

(b) Any act or omission of the Contractor during the Defects Liability Period.

The Contractor shall make good the Defects or damage as soon as practicable and at

his own cost.

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14.23 Notice of Defects

If any such defect appears or damage occurs, the Employer or the Procurement

Committee shall forthwith notify the Contractor thereof.

14.24 Extension of Defects Liability Period

The provision of this Clause shall apply to all replacements or renewals carried out by

the Contractor as if the replacements and renewals had been taken over on the date

they were completed.

The Defects Liability Period for the Works shall be extended by a period equal to the

period during which the Works cannot be used by reason of a defect or damage. If only

part of the Works cannot be used by reason of a defect, the Defect Liability Period shall

be extended only for that part.

In neither case shall the Defects Liability Period be extended by further more than one

year.

When installation or delivery of Goods has been suspended under the Conditions of

Contract, the Contractor's obligations under this Clause shall not apply to any defects

occurring more than three years after it would have been delivered but for the

suspension or such period as may be mutually agreed period.

14.25 Failure to Remedy Defects

If the Contractor fails to remedy a defect or damage within a reasonable time fixed by

the Procurement Committee, the Employer may fix a final time for remedying the defect

or damage.

If the Contractor fails to do so, the Employer may:

(a) Carry out the work (i.e. supply and installation of Goods) himself or by others at the Contractor's risk and cost, provided that he does so in a reasonable manner. The costs properly incurred by the Employer in remedying the defect or damage shall be deducted from the Contract Price, but the Contractor shall have no responsibility for such work, or

(b) Require the Contractor to grant the Employer a reasonable reduction in the Contract Price to be agreed or fixed by arbitration, or

(c) If the defect or damage is such that the Employer has been deprived of

substantially the whole of the benefit of the Works (supply and installation of

Goods) or a part thereof, he may terminate the Contract in respect of such parts

of the Works as cannot be put to the intended use. The Employer shall to the

exclusion of any remedy under the Conditions of Contract be entitled to recover

all sums paid in respect of such parts of the Works together with the cost of

dismantling the same, clearing the Site and returning Goods to the Contractor

or otherwise disposing of it in accordance with the Contractor's instructions.

14.26 Removal of Defective Work

If the defect of damage is such that repairs cannot be expeditiously carried out on the

Site, the Contractor may with the consent of the Procurement Committee or the

54

Employer remove from the Site for the purposes of repair any part of the Goods /

Equipment which is defective or damaged.

14.27 Right of Access

Until the Final Payment has been made, the Contractor shall have the right of access

to all parts of the Works and to records of the working and performance of the Works.

14.28 Guarantee / Warranty Period

When the Guarantee / Warrantee Period for the Goods or any part thereof has expired

and the Contractor has fulfilled all his obligations under the Contract, Procurement

Committee shall issue within twenty eight (28) days to the Employer and the Contractor

a Guarantee / Warranty Relieving Certificate to that effect.

Variations

15.10 Employer and Procurement Committee’s Right to Vary

The Employer or Procurement Committee may, by Variation Order to the Contractor

at any time before the Works are taken over, instruct the Contractor to alter, amend,

omit, add to or otherwise vary any part of the Works (supply and installation of Goods).

The Contractor shall not vary or alter any of the Works, except in accordance with a

Variation Order from the Employer or Procurement Committee.

15.11 Variation Order Procedure

Prior to any Variation Order under Clause referred to above, the Employer or

Procurement Committee, as the case may be, shall notify the Contractor of the nature

and form of such variation.

Following the receipt of the Contractor's submission, the Procurement Committee

shall, after due consultation with the Employer and the Contractor, decide as soon as

possible whether or not the variation shall be carried out.

If the Procurement Committee decides that the variation shall be carried out, he shall

issue a Variation Order clearly identified as such in accordance with the Contractor's

submission or as modified by agreement.

15.12 Contractor to Proceed

On Receipt of a Variation Order, the Contractor shall forthwith proceed to carry out the

variation and be bound to these Conditions in so doing as if such variation was stated

in the Contract. The delivery time may be extended by mutual consent of the parties,

as a result of Variation Order. The work shall not be delayed pending the granting of

an extension of the Time for Completion.

Ownership of Goods

16.4 Ownership of Goods

Goods (Equipment) to be supplied pursuant to the Contract shall become the property

of the Employer at the time whichever is the earlier of the following times:

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(a) When Goods is delivered to Site, or (b) When by virtue of the Conditions of Contract, the Contractor becomes entitled

to payment of the value of the Goods.

Certificates and Payment

17.19 Terms of Payment

The terms of payment shall be as stated in the Form of Contract Agreement.

17.20 Method of Application

The Contractor shall submit to the Finance Committee of Directorate General Sports /

Sports Board Punjab two (2) copies of Invoices each signed by the Contractor and in

such form as the Finance Committee may from time to time prescribe.

The Finance Committee shall examine such Invoices within fourteen (14) days after

receiving Invoices. If the invoice amount is not accepted by the Finance Committee,

the disputed amount which is retained, shall be communicated, giving the reasons in

writing, to the Contractor within the same time.

17.21 Corrections to Invoices of Payment

The Finance Committee may in any invoice of payment make any correction or

modification that should properly be made in respect of any previous invoice.

17.22 Payment The amount due to the Contractor under any Interim Invoice shall, subject to any

condition of Contract, be paid by the Employer to the Contractor by verifying the

payment within thirty (30) days of the receipt of such invoice. In case of the Final

Payment, it shall be paid by verifying the payment within sixty (60) days after receipt

of Final Bill / Invoice from the Contractor.

Deduction shall be made from the net amounts payable to the Contractor of any sum(s)

in accordance with the prevalent Federal and / or Provincial laws, provided that no

such deduction shall be made from those payments in respect of which the Contractor

has obtained exemption under the Law.

17.23 Withholding of Payment

If the Works or any parts thereof are not being carried out to the Procurement

Committee’s satisfaction and in order to protect the Employer from loss on account of:

(a) Defective work not rectified (b) Guarantees not met (c) Claims filed against the Contractor (d) Damage to any other contractor employed by the Employer (e) Contractor's non–compliance with the Contract (f) Any Government dues recoverable from the Contractor if notified by the

Government

The Finance Committee may notify withholding of such payments or part thereof as

may, in his opinion, be related to the aforesaid reasons / grounds. When the reasons

56

/ grounds for withholding the payment are removed by the Contractor, the Finance

Committee shall upon being satisfied to that effect release payment.

17.24 Invoices and Receipts

The Contractor shall, when required by the Employer / Finance Committee, produce

quotations, invoices, vouchers and accounts or receipts in connection with expenditure

in respect of Provisional Sums.

Risk and Responsibility

18.22 Allocation of Risk and Responsibility

The Risks of loss or damage to physical property and of death and personal injury

which arise in consequence of the performance of the Contract shall be allocated

between the Employer and the Contractor as follows:

(a) The Employer: the Employer’s Risks as specified herein below.

(b) The Contractor: the Contractor's Risks as specified herein below.

18.23 Employer's Risks

“The Employer's Risks are:

(a) (Insofar as they relate to Pakistan) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;

(b) (Insofar as they relate to Pakistan) rebellion, revolution, insurrection or civil war;

(c) Ionizing radiation or contamination by radioactivity from any nuclear fuel, radio-active toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

(d) (Insofar as they relate to Pakistan) riot, commotion or disorder, unless solely restricted to the employees of the Contractor.

(e) The act, neglect or omission or breach of contract or of statutory duty of the Employer or other contractors engaged by the Employer or of their respective employees or agents.

18.24 Contractor's Risks

The Contractor's Risks are all risks other than those identified as the Employer's Risks.

18.25 Contractor's Responsibility for the Care of the Works

The Contractor shall be responsible for the care of the Works / Goods or any Section

thereof from the Commencement until the Delivery Date (issuing date of Certificate of

Receipt) applicable thereto under the Conditions of Contract.

The Contractor shall also be responsible for the care of any part of the Works / Goods

upon which any outstanding work is being performed by the Contractor during the

Defects Liability Period until completion of such outstanding work.

18.26 Risk Transfer Date

The Risk Transfer Date in relation to the Works / Supply & Installation of Goods or a

Section thereof is the earliest of either:

(a) The date of issue of the Receipt Certificate, or

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(b) The date of expiry of the notice of termination when the Contract is terminated

by the Employer or the Contractor in accordance with these Conditions.

18.27 Loss or Damage before Risk Transfer Date

Loss of or damage to the Works (Supply and Installation of Goods) or any Section

thereof occurring before the Risk Transfer Date shall:

(a) To the extent caused by any of the Contractor's Risks, be made good forthwith by

the Contractor at his own cost, and

(b) To the extent caused by any of the Employer's Risks, be made good by the

Contractor at the Employer's expense if so required by the Procurement

Committee within twenty eight (28) days after the occurrence of the loss or

damage. The price for making good such loss and damage shall be in all

circumstances reasonable and shall be agreed by the Procurement Committee

and the Contractor, or in the absence of agreement, shall be fixed by Procurement

Committee in consultation and approval of the Employer.

18.28 Loss or Damage after Risk Transfer Date

After the Risk Transfer Date, the Contractor's liability in respect of loss of or damage

to any part of the Works shall, except in the case of Gross Misconduct, be limited:

(a) To the fulfillment of the Contractor's obligations under the Conditions of

Contract in respect of defects therein, and

(b) To making good forthwith loss or damage caused by the Contractor during the

Defects Liability Period.

Damage to Property and Injury to Persons

19.10 Contractor's Liability

Except as provided under Clause referred to above, the Contractor shall be liable for

and shall indemnify the Employer against all losses, expenses and claims in respect

of any loss of or damage to physical property (other than the Works), death or personal

injury occurring before the issue of the last Defects Liability Certificate to the extent

caused by:

(a) Defective design, material or workmanship of the Contractor, or

(b) Negligence or breach of statutory duty of the Contractor or his employees and agents.

19.11 Employer's Liability

The Employer shall be liable for and shall indemnify the Contractor against all losses,

expenses or claims in respect of loss of or damage to any physical property or of death

or personal injury whenever occurring, to the extent caused by any of the Employer's

Risks.

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19.12 Accidents

The Contractor shall be liable for and shall indemnify the Employer against all losses,

expenses or claims arising in connection with the death of or injury to any person

employed by the Contractor for the purposes of the Works (Supply and Installation of

Goods), unless caused by any acts or defaults of the Employer, or other contractors

engaged by the Employer or by their respective employees or agents. In the later

cases, the Employer shall be liable for and shall indemnify the Contractor against all

losses, expenses and claims arising in connection therewith.

Force Majeure

20.16 Definition of Force Majeure

Force Majeure means any circumstances beyond the control of the parties, including

but not limited to:

(a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo,

(b) Ionizing radiation or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof,

(c) Rebellion, revolution, insurrection, military or usurped power and civil war,

(d) Riot, commotion or disorder, except where solely restricted to employees of the Contractor.

20.17 Effect of Force Majeure

Neither party shall be considered to be in default or in breach of his obligations under

the Contract to the extent that performance of such obligations is prevented by any

circumstances of Force Majeure which arise after the date of the Letter of Acceptance

(Work Order) or the date when the Contract becomes effective, whichever is the

earlier.

20.18 Notice of Occurrence

If either party considers that any circumstances of Force Majeure have occurred which

may affect performance of his obligations he shall promptly notify the other party and

the Procurement Committee thereof.

20.19 Performance to Continue

Upon the occurrence of any circumstances of Force Majeure, the Contractor shall

endeavour to continue to perform his obligations under the Contract so far as

reasonably practicable. The Contractor shall notify the Procurement Committee of the

steps he proposes to take including any reasonable alternative means for performance

which is not prevented by Force Majeure. The Contractor shall not take any such steps

unless directed so to do by the Procurement Committee.

20.20 Payment on Termination for Force Majeure

If the Contract is terminated under above referred Clause, the Contractor shall be paid

the value of the work done.

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Default

21.10 Notice of Default

If the Contractor is not executing the Works in accordance with the Contract or is

neglecting to perform his obligations there under so as seriously to affect the carrying

out of the Works, the Employer or Procurement Committee may give notice to the

Contractor requiring him to make good such failure or neglect.

21.11 Contractor's Default

If the Contractor:

(a) Has failed to comply within a reasonable time with a notice under Clause

referred to above, or

(b) Assigns the Contract or subcontracts the Works without the Employer's written

consent, or

(c) Becomes bankrupt or insolvent, has a receiving order made against him or

compounds with his creditors, or carries on business under a receiver, trustee

or manager for the benefit of his creditors or goes into liquidation.

The Employer may, after having given seven (7) days notice to the Contractor,

terminate the Contract and expel the Contractor from the Site.

Any such expulsion and termination shall be without prejudice to any other rights or

powers of the Employer or Procurement Committee under the Contract.

The Employer may upon such termination complete the Works (supply and installation

of Goods) himself or by any other contractor, at the risk & cost of the Contractor.

21.12 Payment after Termination

The Employer shall not be liable to make any further payments to the Contractor until

the Works have been completed. When the works are so complete, the Employers

shall be entitled to recover from the Contractor the extra costs, if any, of completing

the Works. The contractor shall be allowed only such sum for the value of Works done

by him prior to termination of contract and certified by the Procurement Committee.

Customs / Import Duties and Other Taxation

22.7 Customs / Import Duties and other Taxation

The Contractor shall pay all customs, import duties and taxes in consequence of the

importation of Goods. The rates and prices quoted by the Contractor in the Financial

Bid submitted by him shall be deemed to have included Business Taxes, Income Tax,

Sales Tax, Super Tax, Customs duty, Import duty and other taxes on income as well

as fees charge for services provided under this Contract. The taxation is leviable as

per Income Tax Laws issued by the Government of Pakistan and applicable laws of

the Country.

22.8 Clearance through Customs

The Contractor shall be responsible for clearance of all Goods to be supplied under

the Contract. However, the Employer may assist the Contractor in obtaining clearance

through the customs of Goods.

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Notices

23.10 Notices to Contractor

All certificates, notices or written orders to be given to the Contractor by the Employer

or the Procurement Committee under these Conditions shall be sent by either of the

means of Airmail Post, Courier Service, Cable, Telex, E-mail or left at the Contractor's

principal place of business or such other address as the Contractor shall nominate for

that purpose, or may be handed over to the Contractor's representative.

23.11 Notice to Employer and Procurement Committee or Finance Committee or

Pre-Qualification, Tender (Bids) Evaluation & Sample Approving Committee

Any notice to be given to the Employer or to the Procurement Committee / Finance

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee under these Conditions shall be sent by Airmail Post, Courier Service, or

to be delivered & got received at the respective addresses nominated for that purpose

by the Employer in the Form of Contract.

23.12 Minutes of Meetings

Instructions or notices from the Employer to the Contractor and notices from the

Contractor to the Employer recorded in a minute or protocol signed by the authorized

representatives of the giver and recipient of such notice or instruction shall be valid

notice or instruction for the purposes of the Contract.

Disputes and Arbitration

24.10 If a dispute of any kind whatsoever arises between the Employer and the Contractor

in connection with, or arising out of, the Contract or the execution of the Works, whether

during the execution of the Works or after their completion and whether before or after

repudiation or other termination of the Contract, including any dispute as to any

opinion, instruction, determination, certificate or valuation of the Procurement

Committee / Pre-Qualification, Tender (Bids) Evaluation & Sample Approving

Committee / Finance Committee, the matter in dispute shall, in the first place, be

referred in writing to the Verification Committee, with a copy to the other party. Such

reference shall state that it is made pursuant to this Clause. No later than the fifty sixth

(56) day after the day on which he received such reference, the Verification Committee

shall give notice of his decision to the Employer and the Contractor. Such decision

shall state that it is made pursuant to this Clause.

Unless the Contract has already been repudiated or terminated, the Contractor shall,

in every case, continue to proceed with the Work with all due diligence, and the

Contractor and the Employer shall give effect forthwith to every such decision of the

Procurement Committee or Pre-Qualification, Tender (Bids) Evaluation & Sample

Approving Committee or Finance Committee unless and until the same shall be

revised, as hereinafter provided in an amicable settlement or in an arbitral award.

In any case where the Conditions of Contract provide that the decision of the

Verification Committee is to be final and conclusive, such decision shall not be

referable to arbitration under this Clause nor shall the same be questioned in any other

form of proceedings whatsoever.

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24.11 If either the Employer or the Contractor be dissatisfied with a decision of the

Verification Committee or if the Verification Committee fails to give notice of his

decision on or before the fifty sixth (56) day after the day on which he received the

reference, then either the Employer or the Contractor may, on or before the twenty

eighth (28) day after the day on which the said period of fifty six (56) days expired, as

the case may be, give notice to the other party to commence arbitration, as hereinafter

provided, as to the matter in dispute. Such notice shall establish the entitlement of the

party giving the same to commence arbitration, under the provisions of Arbitration Act,

1940, as to such dispute and, subject to Clause referred to above, no arbitration in

respect thereof may be commenced unless such notice is given.

If the Verification Committee has given notice of his decision as to a matter in dispute

to the Employer and the Contractor and no notification of intention to commence

arbitration as to such dispute has been given by either the Employer or the Contractor

on or before the twenty eighth (28) day after the day on which the parties received

notice as to such decision from the Verification Committee, the said decision shall

become final and binding upon the Employer and the Contractor.

24.12 Where notice of intention to commence arbitration as to a dispute has been given in

accordance with Clause referred to above, arbitration of such dispute shall not be

commenced unless an attempt has first been made by the parties to settle such dispute

amicably through mutual negotiation within ninety (90) days from the date of

notification of Verification Committee’s decision.

Law and Procedure

25.7 Applicable Law

The law which is to apply to the Contract and under which the Contract is to be

construed is the laws of Islamic Republic of Pakistan.

25.8 Details to be Confidential

The Contractor shall treat the details of the Contract as private and confidential and

shall not publish or disclose the same or any particulars thereof in any trade or

technical paper or elsewhere without the prior consent in writing of the Employer. If

any dispute arises as to the necessity of any publication or disclosure for the purpose

of the Contract, the decision of Employer shall be final.

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SPECIAL CONDITIONS OF CONTRACT

(SPECIAL STIPULATIONS)

1. Commencement Date Date of receipt of Letter of Acceptance (Work Order).

2. Time for Commencement Within 07 days from the date of receipt of Letter of Acceptance (Work Order).

3. Time for completion Within Forty Five (45) days from the date of receipt of Letter of Acceptance (Work Order).

4. Amount of Liquidated damages 0.1% of the total CP of delayed item for each day of delay in completion of the works subject to a maximum of 10% of contract Price stated in the Letter of Acceptance (Work Order).

5. Defects Liability Period 90 days from the effective date of Receipt Certificate.

6. Limit of Retention Money, if so required (Employer may require deposit of retention money while issuing the Acceptance Letter / Work Order)

5% of Contract Price stated in the Letter of Acceptance (Work Order).

7. Payment Schedule On Supply of Complete consignment for a site (Tehsil Level Gymnasium) under the contract agreement.

8. Currency of Payment Pak Rupees.

9. Guarantee / Warranty Period 03 years from the effective date of Receipt of Certificate (Handing / Taking Over Certificate). (Contractor shall submit Indemnity Bond for Guaranteed Performance on prescribed format).

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SECTION - 5

SPECIFICATIONS AND PERFORMANCE CRITERIA

FOR SUPPLY OF ADDITIONAL ITEMS (PU

SYNTHETIC FLOORING FOR GYM, SOUND

SYSTEM, AC SPLIT ETC.)

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SPECIFICATIONS OF SUPPLY OF ADDITIONAL ITEMS

(PU SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,

AC SPLIT ETC.).

a. The specifications given in Technical and Financial

Proposals subject to any modification by the Employer, shall

be strictly adhered to by the Bidder.

b. Brand Name, Company Name and Specifications of the

offered Goods should be clearly mentioned.

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SECTION-6

LIST OF GOODS / SERVICES (BILL OF QUANTITIES)

FOR SUPPLY OF ADDITIONAL ITEMS (PU

SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,

AC SPLIT ETC.)

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LIST OF GOODS / SERVICES (BILL OF QUANTITIES) FOR SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC FLOORING

FOR GYM, SOUND SYSTEM, AC SPLIT ETC.)

• The quantity of Supply of Additional Items (PU Synthetic Flooring for Gym,

Sound System, AC Split etc.) is required for the following 2 sites:-

i. Tehsil Level Gymnasium at Chak Jhumra District Faisalabad,

ii. Tehsil Level Gymnasiums at Jarranwala District Faisalabad

• The quantity required for each site is as under:-

Sr. # Item Description Quantity for each site

1.

Sound System • Super Quality Woofer Speaker with cabinet

• Power AMP

• Pre-Mixer 4 Channel

• Speaker Wire

• Cordless Mics

• Complete Installation at site

• Imported

01 complete system

2. Air Conditioner • Split AC 1.5 ton

• Mitsubishi or Daiken or Equivalent 01

3. LED Panel 60” (Sharp or Equivalent)

01

4. PU Synthetic Flooring for Gym Fitness Hall (20’x56’) (Imported) with complete installation at site

Complete Installation for Fitness Hall (20’x56’)

5. Electric Water Cooler (100 Gallon)

02

6. Water Dispenser (Orient, Haier or Equivalent)

02

(Note: Procurement Committee will have the right to delete any item or to

enhance or decrease the quantity of any item of procurement).

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SECTION - 7

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

FOR SUPPLY OF ADDITIONAL ITEMS (PU

SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,

AC SPLIT ETC.)

68

DELIVERY TIME (TIME OF COMPLETION) /

COMPLETION SCHEDULE

SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC FLOORING FOR GYM,

SOUND SYSTEM, AC SPLIT ETC.)

1 Delivery Time: (Time of Completion)

Within Forty Five (45) days after the receipt of Letter of Acceptance (Work Order) by the Contractor.

2 Completion Schedule:

(Programme) The Contractor shall provide the Programme (schedule of activities) for completion of works within the stipulated time period. Such Programme (schedule of activities) will be provided by the Contractor to the Employer within 02 days after the receipt of Letter of Acceptance (Work Order) by him.

69

SECTION - 8

ESTIMATED COST

FOR SUPPLY OF ADDITIONAL ITEMS (PU

SYNTHETIC FLOORING FOR GYM, SOUND SYSTEM,

AC SPLIT ETC.)

70

ESTIMATED COST

FOR SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC FLOORING

FOR GYM, SOUND SYSTEM, AC SPLIT ETC.)

Sr. No.

Description of Goods Estimated

Cost for 1 Site Total Estimated Cost for 2 Sites

1.

Supply of Additional Items

(PU Synthetic Flooring for

Gym, Sound System, AC Split

etc.)

2,015,230 4,030,460

NOTE: - 1. The above Estimated Cost is for the purpose of calculating Bid Security

(2% of Estimated Cost). 2. A Bidder is required to submit the Bid Security of 2% of the total Estimated

Cost.

3. Financial Proposal (Bid) of a Bidder shall be considered responsive and acceptable only if 2% Bid Security for Total Estimated Cost has been submitted by him in accordance with the Instructions to Bidders of these Bidding Documents.

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SECTION -9

EVALUATION CRITERIA

72

SPORTS BOARD PUNJAB

LAHORE

EVALUATION CRITERIA

SUPPLY OF ADDITIONAL ITEMS (PU SYNTHETIC

FLOORING FOR GYM, SOUND SYSTEM, AC SPLIT ETC.)

Technical Proposal shall be evaluated as per Evaluation Criteria

described in these Bidding Documents.

Financial Proposals of only responsive Bidders shall be opened and

evaluated. The Financial Proposal shall be assessed/ evaluated on

the basis of Lowest Evaluated Bid of each item of procurement.

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SECTION - 10

FORMAT OF SECURITIES REQUIRED

74

INDEMNITY BOND FOR GUARANTEED PERFORMANCE

(To be furnished in Stamp Paper of Rs. 100/- purchased in the name of the Supplier) This deed of Indemnity executed by …….………………………… (Supplier Firm) hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Sports Board Punjab hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a Work Order No. …………………………………………………………………………..…for the Supply of Additional Items (PU Synthetic Flooring for Gym, Sound System, AC Split etc.) on terms and conditions set out interalia in the Work Order referred above valued at Rs…………………(Rupees………………………..…………………………………..only) And Whereas, clause of the above mentioned Work Order provides for guarantee (i.e.,) to be free from defect due to faulty material or workmanship for a prescribed period as mentioned in Special Conditions of Contract, from the date of receipt of goods / stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the goods / stores not achieving the life guarantee, the indemnifier shall as may be deemed necessary repair the defective goods / stores at site, free of cost, within a reasonable time specified by the indemnified and in case of continues / persistent defect, the Indemnifier shall replace such item of goods / stores at his own expense at site; or reimburse the pro-rata cost of the goods / stores to the extent a life not achieved as per the guarantee, in respect of his Work Order obligations emanated from the Work Order already referred to the extent of Rs…………………….…(Rupees…........…………………………………………..…only). Station: Date:

for………………………………… (Signature with Name and Designation)

(Indemnifier) Firm / Company Seal

Witness: 1………………………………….………..…… Signature with Name, Designation & Address.

2………………………………….………..…… Signature with Name, Designation & Address.

75

SECTION - 11

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS (EQUIPMENT)

76

DETAILS OF STANDARDS THAT ARE TO BE USED IN

ASSESSING THE QUALITY OF GOODS.

All Terms and Conditions along with Specifications of Tender Documents

(Bidding Documents) shall be applicable in assessing the quality of

supplied Goods (Equipment).