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TENDER DOCUMENT (Execution of Civil Work under Revamping Program in THQ Hospital Kallar Syedan) Tehsil Head Quarter Hospital Kallar Syedan Primary & Secondary Healthcare Department Phone : 051-3572181 Tehsil Head Quarter Hospital Kallar Syedan 1

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Page 1: TENDER DOCUMENT - eproc.punjab.gov.pk · 6.7 The Procuring agency shall notify the amendment(s) in writing to the prospective Tenderers as per Punjab Procurement Rules, 2014. 6.7

TENDER DOCUMENT

(Execution of Civil Work under Revamping Program in THQHospital Kallar Syedan)

Tehsil Head Quarter Hospital Kallar Syedan

Primary & Secondary Healthcare Department

Phone : 051-3572181

Tehsil Head Quarter Hospital Kallar Syedan1

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Important Note:Sealed tenders are invited from contractors/firms enlisted with Building Department (C&W) andrenewed in current financial year 2019-20 for execution of civil works under revamping programin THQ Hospital Kallar Syedan.Bidding documents are immediate available from the office of Medical Superintendent, Kallar Syedan after date of publication of advertisement. The last date of submission of Bid proposalalongwith bid security amounting 60,000/- in the form of bank draft/CDR is 31st Aug, 2019 till10:00 am and will be opened on same day at 10:30 PM in office of MedicalSuperintendent, Kallar Syedan.Bidders must ensure that they submit all the required documents indicated in theBidding Documents without fail. Bids received without undertakings, valid documentaryevidence, supporting documents and the manner for the various requirements mentioned in theBidding Documents are liable to be rejected at the initial stage itself. The valid documentaryevidences as detailed hereinafter should be submitted by the Bidder for preliminary anddetailed examination.

Applicability of Punjab Procurement Rules, 2014This Bidding Process will be governed Single stage – one envelope under Punjab ProcurementRules 2014, as amended from time to time and instructions of the Government of the Punjabreceived.

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Table of Content

1 Invitation to bid 5

1.1 Punjab procurement rules to be followed 5

1.2 Mode of advertisement 5

1.3 Type of open competitive bidding 5

2 Instruction to bidders 5

2.1 Bidding detail 5

3 Terms and condition of the tender 7

3.1 Notice 7

3.2 Tender scope 7

3.3 Tender eligibility/qualification criteria 7

3.4 Tender cost 8

3.5 Examination of the tender documents 8

3.6 Clarification of the tender documents 8

3.7 Amendment of the tender document 8

3.8 Preparation/submission of tender 8

3.9 Tender price 10

3.10 Bid security 11

3.11 Tender Validity 11

3.12 Modification/withdrawal of the tender 11

3.13 Opening of the tender 11

3.14 Clarification of the tender 12

3.15 Determination of responsiveness of the bid 12

3.16 Rejection of the bid 12

3.17 Performance guarantee 13

3.18 Award criteria 13

3.19 Acceptance letter 13

3.20 Redressal of grievances by the procuring agency 14

4 Terms & conditions of the contract 15

Tehsil Head Quarter Hospital Kallar Syedan3

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5 General conditions of contract 17

5.1 Contract duration 17

5.2 Contract documents and information 17

5.3 Contract language 17

5.4 Standards 17

5.5 Patent right 17

5.6 Deliverables 17

5.7 Work completion certificate 18

5.8 Payment 18

5.9 Price 18

5.10 Contract amendment 18

5.11 Assignment/subcontract 18

5.12 Extension in time for performance of obligations under the contract 19

5.13 Liquidated damages 19

5.14 Blacklisting 19

5.15 Termination for default 19

5.16 Termination for insolvency 20

5.17 Force majeure 20

5.18 Dispute resolution 21

5.19 Statutes and regulations 21

5.20 Taxes and duties 21

5.21 Contract cost 21

5.22 Authorized representative 21

5.23 Wavier 22

6 Special stipulations (Bio data sheet) 23

7 Annexures 25

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1 INVITATION TO BID

1.1 Punjab Procurement Rules to be followed

6.1 Punjab Procurement Rules 2014 will strictly be followed. These may be obtained from PPRA’swebsite.

6.1 In this document, unless otherwise mentioned to the contrary, "Rule" means a Rule under thePunjab Procurement Rules 2014.

1.2 Mode of Advertisement(s)

6.2 As per Rule 12(2), this Tender is being placed online at PPRA’s website, website of Procuringagency as well as being advertised in two national daily newspapers, one in English and one inUrdu.1.3 Type of Open Competitive Bidding

6.3 As per Rule 38(1) of Punjab Procurement Rules 2014, Single Stage – one Envelope BiddingProcedure shall be followed.

1.3.1.1 The bid shall be a single Envelope containing technical and financial bid.

1.3.1.2 The procuring agency shall evaluate the technical and financial bid in the manner prescribed by the PPRA rule 2014.

1.3.1.3 The lowest evaluated bidder shall be awarded the contract.

2 INSTRUCTIONS TO BIDDERS (ITB)

6.1 Bidding DetailsAll bids must be accompanied by Bid Security (Earnest Money), as perprovisions of this tender document clause “Bid Security” in favor of “ Medical Superintendentof THQ Hospital Kallar Syedan”. The complete bids as required under this tenderdocument, must be delivered into the Tender Box placed in the office of Procurement Officer,THQ Hospital Kallar Syedan , not later than 10:00 am on last date of submission of bids i.e31st Aug, 2019, late bids shall not be accepted.

6.1 The bid shall be publicly opened in the office of THQ Hospital Kallar Syedan, at 10:30 am, onthe same day. In case the last date of bid submission falls in/ within the official holidays, the lastdate for submission of the bids shall be the next working day.

6.1 Queries of the Bidders (if any) for seeking clarifications regarding the specifications ofthe works must be received in writing to the Procuring agency till 31st Aug, 2019 . Anyquery received after said date may not be entertained. All queries shall be responded to withindue time.

6.1 The bidder shall submit bid complying with the Bidding Document. Alternative bids shall not be considered. The attention of bidders is drawn to the provisions of this tender document

Tehsil Head Quarter Hospital Kallar Syedan5

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Clauses regarding “Determination of Responsiveness of Bid” and “Rejection of the Bid” formaking their bids substantially responsive to the requirements of the Bidding Document.

6.1 It will be the responsibility of the Bidder that all factors have been investigated and consideredwhile submitting the Bid and no claim whatsoever including those of financial adjustments to the contract awarded under this Bid Process will be entertained by the Procuring agency. Neither any time schedule, nor financial adjustments arising thereof shall be permitted on account of failure by the Bidder.

6.1 The Bidder shall be deemed to have satisfied itself fully before Bid as to the correctness and sufficiency of its Bids for the contract and price/ cost quoted in the Bid to cover all obligationsunder this Bid Process.

6.1 It must be clearly understood that the Terms and Conditions and Specifications are intended to be strictly enforced. No escalation of cost except arising from increase in quantity by the Bidderon the demand and approval of the Procuring agency will be permitted throughout the period of completion of the contract.

6.1 The Bidder should be fully and completely responsible for all the deliveries and deliverables to the Procuring agency under this contract.

6.1 The Primary Contact & Secondary Contact for all correspondence in relation to this bid is as follows:

Primary ContactName: Dr. Humayun Anwar Mir Designation: Medical SuperintendentContact No: 03040925215Email: [email protected]

Secondary ContactName: Mr. Haseeb Ullah khan Designation: Procurement OfficerContact No: 03045587146Email: [email protected]

6.1 Bidders should note that during the period from the receipt of the bid and until furthernotice, all queries should be communicated via the Primary Contact and inwriting only. In the case of an urgent situation where the Primary Contact cannot becontacted, the bidder may alternatively direct their enquiries through the SecondaryContact.

6.1 Bidders are also required to state, in their proposals, the name, title, contact number

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(Landline, mobile), fax number and e-mail address of the bidder’s authorized

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representative through whom all communications shall be directed until the process has been completed or terminated.

6.1 The Procuring agency will not be responsible for any costs or expenses incurred by bidders in connection with the preparation or delivery of bids.

3 Failure to complete required Works within the specified time period will invoke penalty as specified in this document. TERMS AND CONDITIONS OF THE TENDER

3.1 Notice

In this document, unless otherwise specified, wherever provision is made for exchanging notice, certificate, order, consent, approval or instructions amongst the Contractor and theProcuring agency, the same shall be:

6.1 in writing;6.1 issued within reasonable time;

6.1 served by sending the same by email/ courier to their principal office in Pakistan or such other address as they shall notify for the purpose; and

6.1 The words "notify", "certify", "order", “consent”, “approve”, "instruct", shall be construedaccordingly.3.2 Tender Scope

THQ Hospital Kallar Syedan is established hospital of Government of the Punjab. To meet the requirements, Department is to provide the Work: -

Sr. No Description

1 Execution of Minor civil Work under

Revamping Program.

The detail of scope of work is given in Schedule of Prices attached as AnnexF.

6.2 Picture will also be shared with the bidders if required.

6.2 Department invites sealed financial bid to execute the above mentioned Work.

6.2 Successful bidder is required to execute e the above mentioned Work at THQ hospital KallarSyedan .3.3 Tender Eligibility/ Qualification Criteria

Eligible Bidder/ Tenderer is a Bidder/ Tenderer who:6.3 Is Registered/ enlisted with Building Department (C&W) Punjab and renewed his enlistment in

current financial year 2019-20.;

6.3 Has valid National Tax Number (NTN) ;

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6.3 has not been blacklisted by any of Provincial or Federal Government Department,Agency, Organization or autonomous body or Private Sector Organization anywhere inPakistan.

6.3 Has not any litigation with any of Provincial or Federal Government Department,Agency, Organization or autonomous body or Private Sector Organization anywhere in Pakistan.

Note: Verifiable documentary proof for all above requirements is mandatory, noncompliance will lead to disqualification.

3.4 Tender Cost

The Tenderer shall bear all costs/ expenses associated with the preparation and submission of the Tender(s) and the Procuring agency shall in no case be responsible/ liable for those costs/ expenses.

3.5 Examination of the Tender Document

The Tenderer is expected to examine the Tender Document, including all instructions andterms and conditions.

3.6 Clarification of the Tender Document

6.6 The Tenderer may require further information or clarification of the Tender Document, before 31st Aug, 2019

in writing. The clarification and its replies will be shared with all prospective bidders.

6.6 Bidders should note that during the period from the receipt of the bid and until further noticefrom the Primary Contact given herein this document, all queries should be communicated viathe Primary Contact and in writing only.

3.7 Amendment of the Tender Document

6.7 The Procuring agency may, at any time prior to the deadline for submission of the Tender, at itsown initiative or in response to a clarification requested by the Bidder(s), amend theTender Document, on any account, for any reason. All amendment(s) shall be part of theTender Document and binding on the Bidder(s).

6.7 The Procuring agency shall notify the amendment(s) in writing to the prospective Tenderers asper Punjab Procurement Rules, 2014.

6.7 The Procuring agency may, at its exclusive discretion, amend the Tender Document to extend thedeadline for the submission of the Tender as per rulesof Punjab Procurement Rules, 2014.3.8 Preparation/ Submission of Tender

6.8 The Tender and all documents relating to the Tender, exchanged between the Tenderer and theProcuring agency, shall be in English.

6.8 Technical Bid shall comprise the following:

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3.8.2.1 Undertaking (All terms & conditions and qualifications listed anywhere in this tenderdocument have been satisfactorily vetted) and Affidavit (Integrity Pact) (Annexure-B&C)

3.8.2.2 Covering letter duly signed and stamped by authorized representative. (Annexure-D)

3.8.2.3 Certificate of Company/Firm Registration/Enlistment under Building/C&W Dept.

3.8.2.4 Evidence of conformity of the Works to the Tender Document

3.8.2.5 Submission of undertaking on legal valid and attested stamp paper that the firm is notBlacklisted by any of Provincial or Federal Government Department, Agency,Organization or autonomous body or Private Sector Organization anywherein Pakistan.

3.8.2.6 Submission of undertaking on legal valid and attested stamp paper that the firm hasnot any LITIGATION by any of Provincial or Federal GovernmentDepartment, Agency, Organization or autonomous body or Private Sector Organizationanywhere in Pakistan.

3.8.2.7 Valid Registration Certificate for Income Tax & General Sales Tax/ Provincial SalesTax

3.8.2.8 Power of Attorney, if an authorized representative is appointed (Annexure-E)

6.8 Financial Bid shall comprise the following

3.8.3.1 Bid Submission Form (Annexure-A)

3.8.3.2 Bid Security amounting 100,000/- as per provisions of the clause Bid Security ofthis document.

3.8.3.3 Price of Schedule (Annexure-F)

6.8 The Firm shall seal the Technical and Financial Bid in an outer envelope duly marked as under:

Strictly ConfidentialTechnical and Financial Bid for Tender No. [Number of Tender & Title] [Name of the Procuring agency] [Address of the Firm]

[Name of the Firm]

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[Address of the Firm] [Phone No. of the Firm]

6.8 The Tender shall be dropped in the prescribed Tender Box placed at the office of ProcurementOfficer, not later than 2:00 PM on last date of submission of bids. No late bid shall be accepted.

6.8 This is made obligatory to affix authorized signatures with official stamp on alldocuments, annexures, copies, certificates, letters, forms and all relevant documents as part ofthe bids submitted by the tenderer

3.9 Tender Price

The quoted price shall be:6.9 best/ final/ fixed and valid until completion of all obligations under the Contract i.e. not subject

to variation/ escalation;6.9 in Pak Rupees;6.9 inclusive of all taxes, duties, levies, insurance, freight, etc.;

6.9 If not specifically mentioned in the Tender, it shall be presumed that the quoted price is as perthe above requirements.

6.9 Price Schedule shall only be submitted with the financial Bid (Annexure-F).6.9 The bidder must provide price of each job/item as per Price of Schedule.

6.9 The Bid received with quoted bid prices in the form of some percentage (above or below)of estimated cost shall be rejected.

6.9 Bid with the lowest price will be awarded the contract.6.9 The Bid shall be checked for any arithmetic errors which shall be rectified, as follows:

3.9.9.1 If there is a discrepancy between the amount in figures and the amount in words forthe Total Bid Price entered in the Bid Form, the amount which tallies with the TotalBid Price entered in the Price Schedule, shall govern.

3.9.9.2 If there is a discrepancy between the unit rate and the total price entered in the priceSchedule, resulting from incorrect multiplication of the unit rate by the quantity, theunit rate as quoted shall govern and the total price shall be corrected, unless there is anobvious and gross misplacement of the decimal point in the unit rate, in which case thetotal price as quoted shall govern and the unit rate shall be corrected.

3.9.9.3 If there is a discrepancy in the actual sum of the itemized total prices and the total bidprice quoted in the Price Schedule, the actual sum of the itemized total prices shallgovern.

3.9.9.4 The Bid price as determined after arithmetic corrections shall be termed as thecorrected total bid price which shall be binding upon the Bidder.

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3.9.9.5 Adjustment shall be based on corrected Bid Prices. The price determined after makingsuch adjustments shall be termed as Evaluated Total Bid Price.

3.9.9.6 The cost of making good any deficiency resulting from any acceptable, quantifiablevariations and deviations from the terms and conditions of the Contract / TechnicalSpecifications, shall be added to the corrected Bid Price for comparisonpurposes only. No credit shall be given for offering delivery period earlier than thespecified period.

3.9.9.7 The Bidder shall state the Bid Price for the payment terms outlined in the Conditionsof Contract will be considered for the evaluation of the Bid.

3.9.9.8 The Bidders may offer discounts for jobs which shall be taken into account in the

evaluation of the Bids so as to determine the Bid offering the lowest evaluated costfor the Procuring agency in deciding award(s) for whole bid

3.10 Bid Security (Earnest Money)

The Tenderer shall furnish the Bid Security (Earnest Money) as under:6.10 Shall be in the form of Call Deposit Receipt/CDR in the name of Medical Superintendent THQ

Hospital Kallar Syedan;

6.10 Shall be amounting to 60,000/- ;

6.10 Denominated in Pak Rupees;6.10 Shall be included in the envelop of Bid;

6.10 Having a minimum validity period of ninety days from the last date for submission of the Bid oruntil furnishing of the Performance Guarantee, whichever is later;

6.10 The unsuccessful bidders shall be returned the bid security only. The Bid Security shall be returned to the successful Bidder on furnishing the Performance Guarantee.3.11 Tender Validity

The Tender shall have a minimum validity period of ninety (90) days from the last datefor submission of the Tender. The Procuring agency may solicit the Tenderer's consent toan extension of the validity period of the Tender. The request and the response theretoshall be made in writing. If the Tenderer agrees to extension of validity period of theTender, the validity period of the Bid Security shall also be suitably extended.The Tenderer may refuse extension of validity period of the Tender, without forfeitingthe Bid security as per Clause 28(4)(c).

3.12 Modification/ Withdrawal of the Tender

6.12 The Tenderer may, by written notice served on the Procuring agency, modify or withdraw theTender after submission of the Tender, prior to the deadline for submission of the

Tender.

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6.12 The Tender, withdrawn after the deadline for submission of the Tender and prior to theexpiration of the period of the Tender validity, shall result in forfeiture of theBid Security.

3.13 Opening of the Tender

6.13 The bid shall be opened at 2:30 pm on the last date of submission of bids i.e. 31st Aug, 2019 inthe presence of the Tenderer(s) who may choose / wish to be present without further invitation.In case the last date of bid submission falls in/ within the official holidays, the last datefor submission of the bids shall be the next working day.

6.13 The Tenderer's name, modifications, withdrawal, security, attendance of the Tenderer and suchother details as the Procuring agency may, at its exclusive discretion, consider appropriate, shallbe announced and recorded.

3.14 Clarification of the Tender

The Procuring agency shall have the right in case of any discretion, to require, in writing,further information or clarification of the Tender, from any or all the Tenderer(s).No change in the price or substance of the Tender shall be sought, offered orpermitted except as required to confirm any ambiguity / the corrections ofarithmetical errors discovered in the Tender. Acceptance of any such correction issole discretion of the Procuring agency.

3.15 Determination of Responsiveness of the Bid (Tender)

The Procuring agency shall determine the substantial responsiveness of the Tender to theTender Document, prior to the Tender evaluation, on the basis of the contents ofthe Tender itself without recourse to extrinsic evidence. A substantially responsive Tenderis one which:

6.15 Meets the eligibility criteria given herein this tender document;6.15 Offers fixed price for all Works as per Price Schedule;

6.15 Is accompanied by the required Bid Security as part of financial proposal;6.15 Conforms to all terms and conditions of the Tender Document, without material deviation or

reservation.

6.15 A material deviation or reservation is one which affects the scope, quality Works or limits theProcuring agency's rights or the Tenderer's obligations under the Contract.

6.15 The Tender determined as not substantially responsive shall not subsequently be maderesponsive by the Tenderer by correction or withdrawal of the material deviation or reservation.3.16 Rejection of the Bid

The Procuring agency may reject all bids or proposals at any time prior to the acceptanceof a bid or proposal. The Procuring agency shall upon request communicate to any bidder, the grounds for its rejection of all bids or proposals, but shall not be

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required to justify those grounds. The Procuring agency shall incur no liability, solely, by virtue of rejection of bidders. However, bidders shall be promptly informed about the rejection of the bids, if any (As per Rule 35 of Punjab Procurement Rules, 2014). The Tender shall be rejected if it is:

6.16 Substantially non-responsive in a manner prescribed in this tender document; or

6.16 Submitted in other than prescribed forms, annexes, documents by other than specified mode; or6.16 Incomplete, partial, conditional, alternative, late; or

6.16 The Tenderer has conflict of interest with the Procuring agency; or

6.16 The Tenderer tries to influence the Tender evaluation/ Contract award; or

6.16 The Tenderer engages in corrupt or fraudulent practices in competing for the Contract award;6.16 The Tenderer fails to meet the requirements of Tender Eligibility/ Qualification Criteria

6.16 There is any discrepancy between bidding documents and bidder’s proposal i.e. any non-conformity or inconsistency or informality or irregularity in the submitted bid.

6.16 The Tenderer submits any financial conditions as part of its bid which are not in conformity with tender document.3.17 Performance Guarantee

The successful contractor shall furnish Performance Guarantee as under:6.17 Within Five (05) working days of the receipt of the Acceptance Letter from the

Procuring agency;6.17 In the form of a CDR/ Pay Order/ Demand Draft, issued by a scheduled bank operating in

Pakistan;

6.17 For a sum equivalent to 5% (Five Percent) of the contract value;6.17 In Pak Rupees;

6.17 Have a minimum validity period of (90) ninety days from the date of Award Notification or until the date of completion of work, whichever is later.

6.17 The proceeds of the Performance Guarantee may be payable to the Procuring agency, onoccurrence of any/ all of the following conditions:

3.17.6.1 If the contractor commits a default under the Contract;

3.17.6.2 If the contractor fails to fulfill any of the obligations under the Contract;

3.17.6.3 If the contractor violates any of the terms and conditions of the Contract.

6.17 The contractor shall cause the validity period of the Performance Guarantee to be extended for such period(s) as the contract performance may be extended. The Performance Guarantee shall

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be returned to the contractor within thirty (30) days after successful completion of maintenance period.3.18 Award Criteria

The eligible bidder/ tenderer will be evaluated in the light of all Pre-Conditions,necessary requisites and shall be selected on lowest cost quoted as per rules and fulfillingall coral formalities.

3.19 Acceptance Letter

As per provisions of Rule (55) of Punjab Procurement Rules 2014, the Procuring agencyshall issue the Acceptance Letter to the successful Tenderer, at least after 10 daysof announcement of bid evaluation reports (Ref. Rule-37 of Punjab ProcurementRules,2014) and prior to the expiry of the original validity period or extended validity period ofthe Tender, which shall constitute a contract, until execution of the formal Contract.

3.20 Redressal of grievances by the procuring agency

The Procuring agency has constituted a committee comprising of odd number of persons,with proper powers and authorizations, to address the complaints of bidders thatmay occur prior to the entry into force of the procurement contract.

6.20 Any bidder feeling aggrieved by any act of the Procuring agency after the submission of his bidmay lodge a written complaint concerning his grievances not later than ten days after the announcement of the bid evaluation report.

6.20 The committee shall investigate and decide upon the complaint within fifteen days of the receiptof the complaint.

6.20 Mere fact of lodging of a complaint shall not warrant suspension of the procurement process.6.20 Any bidder not satisfied with the decision of the committee of the Procuring agency may lodge

an appeal in the relevant court of jurisdiction.

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4 THE SCOPE OF WORK

The scope of work to be executed under revamping program is given in Annex-F, “The Schedule Prices”.

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Execution of Civil Work under Revamping Program in THQ Hospital KallarSyedan

[Name of Contractor]

Dated:

This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month],[year], between THQ Hospital Kallar Syedan (the “Procuring agency”), on the one part,

And[full legal name of Contractor & Address], on the other part severally liable tothe Procuring agency for all of the Contractor’s obligations under this Contract and isdeemed to be included in any reference to the term “the Contractor.”

RECITALS

WHEREAS,

(a) The Procuring agency intends to spend a part of its budget / funds formaking eligible payments under this contract. Payments made under thiscontract will be subject, in all respects, to the terms and conditions of theContract in lieu of the Works as described in the contract.

(b) The Procuring agency has requested the Contractor to provide certain complete ofWorks as described in Tender Document; and

(c) The Contractor, having represented to the Procuring agency that it has the requiredprofessional skills, and personnel and technical resources, has agreed toprovide such works on the terms and conditions set forth in this Contract.

NOW THEREFORE, the Parties to this Contract agree as follows:1. The Contractor hereby covenants with the Procuring agency to complete the Works and

to remedy damage therein, at the time and in the manner, in conformity in all respects

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with the provisions of the Contract, in consideration of the payments to be made by the Procuring agency to the Contractor.

2. The Procuring agency hereby covenants with the Contractor to pay the Contractor, theContract Price as may become payable, at the times and in the manner, in conformity inall respects with the provisions of the Contract, in consideration of complete ofthe Works and remedying of damage therein.

3. The following shall be deemed to form and be read and construed as part of thisContract:

a. The Letter of Acceptance / Award of Work

b. Tender/Bid Documentc. General Conditions of Contractd. Special Conditions of Contracte. Price of Schedule

f. The Technical Specifications

g. The Scope of Work

h. Affidavit(s)

i. Bidder’s Proposal (if any)

j. Performance Guarantee4. This Contract shall prevail over all other documents. In the event of any discrepancy/

inconsistency within the Contract, the above Documents shall prevail in the order listedabove.

IN WITNESS whereof the Parties hereto have caused this Contract to be executed in accordance with the laws of Pakistan as of the day, month and year first indicated above.

For THQ Hospital Kallar Syedan: For [full legal name of the Contractor]:

Signature Signature

Name Name

WITNESSESSignature Signature

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CNIC # CNIC # Name Name Designation Address

Designation Address

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Contract5 GENERAL CONDITIONS OFCONTRACT

The Procuring agency shall, after receipt of the Performance Guarantee from thesuccessful Tenderer, send the Contract provided in the Tender Document, to thesuccessful Tenderer. Within three working days of the receipt of such Contract, theTenderer shall sign and date the Contract and return it to the Procuring agency.

5.1 Contract Duration

The Contract duration shall be for the period of 60 days from the date of signingofContract or until the completion of work.

5.2 Contract Documents and Information

The Contractor shall not, without the Procuring agency's prior written consent,make use of the Contract, or any provision thereof, or any document(s), specificationsor information furnished by or on behalf of the Procuring agency in connection therewith,except for purposes of performing the Contract or disclose the same to any person otherthan a person employed by the Contractor in the performance of the Contract. Disclosureto any such employed person shall be made in confidence and shall extend only as far asmay be necessary for purposes of such performance.

5.3 Contract Language

The Contract and all documents relating to the Contract, exchanged between the Contractor and the Procuring agency, shall be in English. The Contractor shall bear allcosts of translation to English and all risks of the accuracy of such translation.

5.4 Standards

The Works executedunder this Contract shall conform to therequired standards.5.5 Patent Right

The Contractor shall indemnify and hold the Procuring agency harmless against all thirdparty claims of infringement of patent, trademark or industrial design rights arising fromuse of the Works or any part thereof.

5.6 Deliverables

5.6.1 The contractor shall complete the works within Sixty (60) days from the issuance ofAcceptance Letter / signing of contract.

5.6.2 The Contractor shall execute the required Works as is sufficient to prevent the damageor deterioration during storing and transit to their final destination as indicated in theContract.

5.6.3 The Works shall remain at the risk and under the physical custody of theContractor until the delivery and taking over of the Works is completed.

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5.6.4 The Contractor shall ensure that the works shall be completed as per schedule. If it shallappear to the Procuring agency that the works have been or are likely to bedelayed byreason of incompletion or for any other reasons, he may require the Contractor at theexpense of the Contractor to dispatch the right jobs of the Works thereof.

5.6.5 The Contractor shall ensure to get signed “Satisfactory Work Done” fromProcuring agency Representative upon successful discharge of Works.

5.7 Work Completion Certificate

The Procuring agency will issue Work Completion Certificate to the Contractorupon successful completion of delivery of Works which the Contractor is liable to providein consideration of this Contract.

5.8 Payment

5.8.1 The Contractor shall provide separate breakup of job/item wiseWorks in the invoice.5.8.2 The Procuring agency shall pay the amount verified within thirty (30) days. Payment

shall not be made in advance and against partial deliveries until work completioncertificate is issued by the Procuring agency. The Procuring agency shall make paymentfor the Works executed, to the Contractor, as per Government policy, in Pak Rupees.The 10% retention money shall be deducted from each bill of contractor and shall bereturned/paid upon expiry of maintenance period.

Sr.

NO.

Description of

work

Quantity Unit Rate Amount

5.8.3 All payments shall be subject to any and all taxes, duties and levies applicable under the laws of Pakistan.

5.9 Price

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The Contractor shall not charge prices for the Works supplied and for other obligationsdischarged, under the Contract, varying from the prices quoted by the Contractor in thePrice Schedule.

5.10 Contract Amendment

5.10.1 The Procuring agency may at any time, by written notice served to the Contractor, alteror amend the contract for any identified need/ requirement in the light ofprevailing rules and regulations.

5.10.2 The Contractor shall not execute any Change until and unless the Procuring agency hasallowed the said Change, by written order served on the Contractor.

5.10.3 The Change, mutually agreed upon, shall constitute part of the obligations under thisContract, and the provisions of the Contract shall apply to the said Change.

5.10.4 No variation in or modification in the Contract shall be made, except by writtenamendment signed by both the Procuring agency and the Contractor.

5.11 Assignment / Subcontract

5.11.1 The Contractor shall not assign or sub-contract its obligations under the Contract,in whole or in part, except with the Procuring agency's prior written consent.

5.11.2 The Contractor shall guarantee that any and all assignees/ subcontractors of theContractor shall, for performance of any part/ whole of the work under thecontract, comply fully with the terms and conditions of the Contract applicable tosuch part/ whole of the work under the contract.

5.12 Extensions in time for performance of obligations under the Contract

If the Contractor encounters conditions impeding timely performance of any of theobligations, under the Contract, at any time, the Contractor shall, by written notice servedon the Procuring agency, promptly indicate the facts of the delay, its likely durationand its cause(s). As soon as practicable after receipt of such notice, theProcuring agency shall evaluate the situation and may, at its exclusive discretion, withoutprejudice to any other remedy it may have, by written order served on the Contractor,extend the Contractor's time for performance of its obligations under the Contract.

5.13 Liquidated Damages

If the Contractor fails to provide the required Works as is sufficient to prevent thedamage or deterioration of Works during storing as indicated in the Contract, theProcuring agency may either deduct the amount from the Contract Price or thecontractor shall pay the Procuring agency the amount equal to the original cost of thedamaged/lost Works due to any reason e.g. Accident, rain, damage and theft etc.If the Contractor fails to provide any job within delivery time, penalty 0.1% per day up tomaximum 10 % of the contract amount will be imposed for that particular job.

5.14 Blacklisting

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If the Contractor fails/ delays in performance of any of the obligations, under theContract, violates any of the provisions of the Contract, commits breach of any ofthe terms and conditions of the Contract or found to have engaged in corrupt orfraudulent practices in competing for the award of contract or during the execution ofthe contract, the Procuring agency may without prejudice to any other right ofaction/ remedy it may have, blacklist the Contractor, either indefinitely or for a statedperiod, for future tenders in public sector, as per provision of Punjab Procurement Rules,2014.

5.15 Termination for Default

5.15.1 If the Contractor fails/ delays in performance of any of the obligations, underthe Contract/ violates any of the provisions of the Contract/ commits breach of any ofthe terms and conditions of the Contract the Procuring agency may, at any time, withoutprejudice to any other right of action/ remedy it may have, by writtennotice served on the Contractor, indicate the nature of the default(s) andterminate the Contract, in whole or in part, without any compensation to the Contractor.Provided that the termination of the Contract shall be resorted to only if the Contractordoes not cure its failure/ delay, within fifteen working days (or such longer period as theClient may allow in writing), after receipt of such notice.

5.15.2 If the Procuring agency terminates the Contract for default, in whole or in part,the Procuring agency may procure, upon such terms and conditions and in such manneras it deems appropriate, Works, similar to those undelivered, and the Contractor shall beliable to the Procuring agency for any excess costs for such similar Works. However, theContractor shall continue performance of the Contract to the extent not terminated.

5.16 Termination for Insolvency

If the Contractor becomes bankrupt or otherwise insolvent, the Procuring agency may, atany time, without prejudice to any other right of action/ remedy it may have, by writtennotice served on the Contractor, indicate the nature of the insolvency and terminate theContract, in whole or in part, without any compensation to the Contractor.

5.17 Force Majeure

5.17.1 For the purpose of this contract “Force Majeure” means an event which is beyond thereasonable control of a party and which makes a party’s performance of its obligationsunder the Contract impossible or so impractical as to be considered impossible underthe circumstances, and includes, but is not limited to, War, Riots, Storm, Flood or otherindustrial actions (except where such strikes, lockouts or other industrial are within thepower of the party invoking Force Majeure), confiscation or any other action byGovernment agencies. In all disputes between the parties as to matters arising pursuantto this Contract, the dispute be referred for resolution by arbitration under the PakistanArbitration Act, 1940, as amended, by one or more arbitrators selected in accordance

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with said Law. The place for arbitration shall be Lahore, Pakistan. The award shall be final and binding on the parties.

5.17.2 The Contractor shall not be liable for liquidated damages, blacklisting for futuretenders, if and to the extent his failure/ delay in performance/ discharge of obligationsunder the Contract is the result of an event of Force Majeure.

5.17.3 If a Force Majeure situation arises, The Contractor shall, by written notice served onThe Procuring agency, indicate such condition and the cause thereof. Unless otherwisedirected by The Procuring agency in writing, The Contractor shall continue to performunder the Contract as far as is reasonably practical, and shall seek all reasonablealternative means for performance not prevented by the Force Majeure event.

5.17.4 Force Majeure shall not include

5.17.4.1 Any event which is caused by the negligence or intentional action of a Party or Agents or Employees, nor

5.17.4.2 Any event which a diligent Party could reasonably have been expected to both5.17.4.2.1 Take into account at the time of the conclusion of this Contract and5.17.4.2.2 Avoid or overcome in the carrying out of its obligations here under.

5.17.5 Force Majeure shall not include insufficiency of funds or failure to make any paymentrequired hereunder.

5.18 Dispute Resolution

5.18.1 The Procuring agency and the Contractor shall make every effort to amicably resolve,by direct informal negotiation, any disagreement or dispute arising between them underor in connection with the Contract.

5.18.2 If, after thirty (30) working days, from the commencement of suchinformal negotiations, the Procuring agency and the Contractor have beenunable to amicably resolve a Contract dispute, either party may, require thatthe dispute be referred for resolution by arbitration under the Pakistan ArbitrationAct, 1940, as amended, by one or more arbitrators selected in accordance withsaid Law. The place for arbitration shall be Lahore, Pakistan. The award shall be finaland binding on the parties.

5.19 Statutes and Regulations

5.19.1 The Contract shall be governed by and interpreted in accordance with the lawsof Pakistan.

5.19.2 The Contractor shall, in all matters arising in the performance of the Contract, conform,in all respects, with the provisions of all Central, Provincial and Local Laws, Statutes,Regulations and By-Laws in force in Pakistan, and shall give all notices and pay all fees

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required to be given or paid and shall keep the Procuring agency indemnified against all penalties and liability of any kind for breach of any of the same.

5.19.3 The Courts at Lahore shall have the exclusive territorial jurisdiction in respect of anydispute or difference of any kind arising out of or in connection with the Contract.

5.20 Taxes and Duties

The Contractor shall be entirely responsible for all taxes, duties and other suchlevies imposed, make inquiries on income tax to the concerned authorities of Income Tax.

5.21 Contract Cost

The Contractor shall bear all costs/ expenses associated with the preparation of theContract and the Procuring agency shall in no case be responsible/ liable for thosecosts/ expenses. The successful bidder shall provide legal stamp papers of relevant valueaccording to Govt. rules and regulations for signing of the formal contract.

5.22 Authorized Representative

5.22.1 The Procuring agency or the Contractor may, at their exclusive discretion, appoint theirAuthorized Representative and may, from time to time, delegate any/ all of the duties/authority, vested in them, to their authorized Representative(s), including but notlimited to, signing on their behalf to legally bind them, and may, at any time, revokesuch delegation.

5.22.2 The Authorized Representative shall only carry out such duties and exercise suchauthority as may be delegated to him, by the Procuring agency or the Contractor.

5.22.3 Any such delegation or revocation shall be in writing and shall not take effectuntil notified to the other parties to the Contract.

5.22.4 Any decision, instruction or approval given by the Authorized Representative, inaccordance with such delegation, shall have the same effect as though it had been givenby the Principal.

5.22.5 If the Contractor questions any decision or instruction of the Authorized Representativeof the Procuring agency, the Contractor may refer the matter to theProcuring agency who shall confirm, reverse or vary such decision or instruction.

5.23 Waiver

Failure of either party to insist upon strict performance of the obligations of theother party, under the Contract, shall in no way be deemed or construed to affect in anyway the right of that party to require such performance.

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6 SPECIAL CONDITIONS OF CONTRACT

6.1 The 10% retention money shall be deducted from each bill of the contractor and shall bereturned/paid upon the expiry of Maintenance period.

6.2 The maintenance period shall be six (6 months) after successful completion of the work.

6.3 The establishment of the office, arrangement of water and electricity shall be theresponsibility of the contractor. However the water supply and electricity from hospitalcomplex may be arranged against the payment/charges for installation of sub meter onmutually agreed terms and conditions.

6.4 The client/department reserve the right to engage any firm/company for Third PartyValidation (TPV) of the subject work.

6.5 The contractor shall be responsible for any kind of mishap/accidental damages occurredin area under his possession.

6.6 The Performance Guarantee shall be returned to the contractor within thirty (30)days after successful completion of maintenance period/defective liability period.

6.7 The mode of payment shall be against actual work done. No advance payment shall beadmissisble.

6.8 The all laws/act on child labor and environmental protection shall be followed strictly.

SPECIAL STIPULATIONS (BID DATA SHEET)

SPECIAL STIPULATIONS (BID DATA SHEET)

For ease of Reference, certain special stipulations are as under:

Reference Description DetailsLast date and time for the Submission of

Clause 2.1.2 bidding doc. 10:00 am, 31st Aug, 2019

Clause 2.1.3

Date, time and venue of opening ofbid

10:30 am, 31st Aug, 2019 THQ HospitalKallar Syedan.

Clause 5.4 Language of bid English

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Clause 3.11 Bid Security(Earnest Money)

The Contractor shall furnish the BidSecurity (earnest Money) as under:

• in the form of Demand Draft/ PayOrder/ Call Deposit Receipt, in the name ofthe Medical Superintendent, Procuringagency; for amounting to 100,000/- ;

• denominated in Pak Rupees;

• Have a minimum validity period ofninety days from the last date forsubmission of the Tender or until furnishingof the Performance

Guarantee, whichever is later.

Clause 3.10

Bid PriceShould be best and final prices including allapplicable taxes as no negotiations on the pricesare allowed

Clause 3.12 Bid validity period 90 Days

Clause 1.3 Bidding procedure Single stage – One Envelop Procedure

PerformanceClause 3.19 Guarantee 5% of bid/contract value

Clause 5.7 TimePeriod/Deliverable

• The contactor shall complete the workwithin Sixty (60) days after issuance ofAcceptance Letter/Singing of contract.

• The Contractor shall ensure to get signed“Satisfactory Work Done” from Procuringagency Representative upon successfulcompletion of Works.

Clause 5.14 Liquidated damages for failure / delay in complete of Works by the Contractor

If the contractor fails to complete the Works in time as specified in the scope of work, penalty0.1% per day up to maximum 10 % of thecontract amount shall be imposed as or otherwise time extension is granted byprocuring agency on reasonable ground.

Clause 6.2 Maintenance Period Maintenance period shall be 6 Months aftersuccessful completion of work

Medical Superintendent,Contact Person for Procurement Officer,

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Clause 2.1.9 Communication: Tehsil Head Quarter Hospital Kallar Syedan, District Kallar Syedan

7 ANNEXURES

ANNEXURE-ATo be attached with Financial Bid

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BID SUBMISSION FORM

To _(Name and address of Procuring agency)_

[Location, Date]

Dear Sir,We, the undersigned, offer to provide the _ (Insert title of assignment) _ in accordance

with your Bidding Document No. dated _(insert date)_. Our attached Bid is for the sum of _ (insert amount in words and figures) _. This amount is inclusive of all taxes.

Our Bid shall be binding upon us up to expiration of the validity period of the Bid, i.e. beforethe date indicated in of the Bid Data Sheet.

We also declare that the Government of Pakistan / Punjab has not declared usblacklisted on charges of engaging in corrupt, fraudulent, collusive, or coercive practices. Wefurthermore, pledge not to indulge in such practices in competing for or in executingthe Contract, and are aware of the relevant provisions of the Bid Document.

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

Yours sincerely,Authorized Signature (Original)(In full and initials)Name and Designation of Signatory

Name of FirmAddress

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ANNEXURE-BTo be attached with technical bid

UNDERTAKING

It is certified that the information furnished here in and as per the document submitted is true andcorrect and nothing has been concealed or tampered with. We have gone through all theconditions of tender and are liable to any punitive action for furnishingfalse information/documents.

Dated this day of 20

Signature

(Company Stamp)

In the capacity of

Duly authorized to sign bids for and on behalf of:

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Annexure-CTo be attached on legal stamp paper with technical bid

AFFIDAVIT(Integrity Pact)

We (Name of the bidder/contractor) being the first duly sworn on oath submit, that Mr./Ms.

(If participating through agent / representative) is the agent / representative duly authorized by_(Name of the bidder company)_ hereinafter called the Contractor to submit the attached bidto the _(Name of the Procuring agency)_. Affiant further states that the said M/s(Bidding Firm/Company Name) has not paid, given or donate or agreed to pay, given ordonate to any line officer or employee of the _(Name of the Procuring agency)_ anymoney or thing of value, either directly or indirectly, for special consideration in the lettingof the contract, or for giving undue advantage to any of the bidder in the bidding and in theevaluation and selection of the bidder for contract or for refraining from properly andthoroughly maintaining projects implementations, reporting violation of the contractspecification or other forms of non- compliance.[The Seller/Supplier/Contractor] certifies that it has made and will make full disclosure of allagreements and arrangements with all persons in respect of or related to the transaction withthe Procuring agency and has not taken any action or will not take any action to circumventthe above declaration, representation or warranty / support. TheSeller/Supplier/Contractor certifies that it has made and will make full disclosure of allagreements and arrangements with all person in respect of or related to the transaction withthe Procuring agency and has not taken any action or will not take any action tocircumvent the above declaration, representation or warranty / support.[The Seller/Supplier/Contractor] accepts full responsibility and strict liability for making anyfalse declaration, not making full disclosure, misrepresentation facts or taking anyaction likely to defeat the purpose of this declaration, representation and warranty/support. Itagrees that any contract, right, interest, privilege or other obligation or benefit obtained orprocured as aforesaid shall, without prejuidice to any other right and remedies availableto the Procuring agency under any law, contract or other instrument, be voidable at theoption of Procuring agency.Notwithstanding any rights and remedies exercised by the Procuring agency inthis regard, [the Seller/Supplier/Contractor] agrees to indemnify the Procuring agency for anyloss or damage incurred by it on account of its corrupt business practices and furtherpay compensation to the Procuring agency in an amount equivalent to ten time the sum ofany commission, gratification, bribe, finder’s fee or kickback given by

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[the Seller/Supplier/Contractor] as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit inwhatsoever form from the Procuring agency.

Subscribed and sworn to me this day of 20

Notary Public

Signature & Stamp

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ANNEXURE-DTo be attached with technical bid

FORMAT FOR COVERING LETTERTo

(Name and address of procuring agency)Sub: Dear Sir,

a) Having examined the tender document and Appendixes we, the undersigned, inconformity with the said document, offer to provide the said works on terms ofreference to be signed upon the award of contract for the sum indicated as per PriceSchedule.

b) We undertake, if our proposal is accepted, to provide the works comprise in thecontract within time frame specified, starting from the date of receipt of notification ofaward from the client Department / Office.

c) We agree to abide by this proposal for the period of days (as per requirement of theproject) from the date of bid opening and it shall remain binding upon us and may beaccepted at any time before the expiration of that period.

d) We agree to execute a contract in the form to be communicated by the (insert name ofthe Procuring agency)_, incorporating all agreements with such alterations or additionsthereto as may be necessary to adapt such agreement to the circumstances ofthe standard.

e) We understand that you are not bound to accept a lowest or any bid you may receive,not to justify for rejection of any bid and that you will not defray anyexpenses incurred by us in biding.

Authorized Signatures with Official Stamp

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ANNEXURE-EINSTRUCTION FOR PREPARATION OF POWER OF ATTORNEY

a) To be executed by an authorized representative of the bidder.

b) The mode of execution of the Power of Attorney should be in accordancewith the procedure, if any, laid down by the applicable law and the charter documents ofthe executants and when it is so required the same should be under common stamp affixedin accordance with the required procedure.

c) Also, wherever required, the Bidder should submit for verification the extract ofthe charter documents and documents such as a resolution/power of attorney in favor of thePerson executing this Power of Attorney for the delegation of power hereunder on behalfof the

Bidder.In case the Application is signed by an authorized Director / Partner or Proprietor of the Applicant, a certified copy of the appropriate resolution / document conveying such authoritymay be enclosed in lieu of the Power of Attorney.

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Format of Power-of-AttorneyTo be submitted with technical proposal

POWER OF ATTORNEY

(On Stamp Paper of relevant value)

Know all men by these presents, we (name of the company and address of theregistered office) do hereby appoint and authorize Mr. (full name and residentialaddress) who is presently employed with us and holding the position of as our attorney, to doin our name and on our behalf, all such acts, deeds and things necessary inconnection with or incidental to our proposal for (name of the project) in response to thetenders invited by the (name of the Procuring agency) including signing and submissionof all documents and providing information/responses to (name of the Procuringagency) in all matters in connection with our Bid.We hereby agree to ratify all acts, deeds and things lawfully done by our saidattorney pursuant to this Power of Attorney and that all acts, deeds and things done by ouraforesaid attorney shall and shall always be deemed to have been done by us.

Dated this day of 20For

(Signature)(Name, Designation and Address)Accepted

(Signature)(Name, Title and Address of the Attorney) Date

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Annexure FTo be submitted with Bid Form

SCHEDULE OF PRICES

Internal Development

Scope of Work Quantity Units Unit Cost Cost in

millions

Flooring and Skirting

Provision of full body porcelain tileFlooring 24" x 24" 650

sft

Provision of full body porcelain tileSkirting/dado 12" x 24" 4700

sft

Internal paint

Internal distemper paint 2 Coats 19,000

sft

Doors

Provision of 1.8mm aluminium door with5mm thick glass 125

sft

Provision of uPVC doors 1.5 inch thickfor washroom. 125

sft

Internal electrification

Provision of SMD lights 24 Watts,Size 12" x 12" with ducting and allcomplete accessories including switchesExhaust fan plastic frame 18" for Toilets with all complete accessories including switchesInternal Wiring for AC (7/44) with

100 EA

20 EA

complete power sockets. 10 Roll

Internal Wiring for Switches (7/29) 10 RollInternal Wiring for lights and Fans (3/29)with complete power sockets.

15 Roll

DBs (200 Amp) 2 EA

DBs (300 Amp) 2 EA

Power cable150 mm 4 Core Copper 50 MT

Toilet block/Lavatories

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Renovation of washroom including flooring & skirting (upto 6' high) 12" x24" Matt finished , replacement of all requisite sanitary fittings and provision ofnew fixtures including flush tanks, seats,taps, mixers and basins complete in allrespect.

06 Nos

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Total ( Internal Development)

B I D D I N G D O C U M E N T

Framework Contract for Purchase OfGENERAL STORE ITEMS ITEMS

For the year 2019-20AT

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THQ HOSPITAL KALLAR SYEDANDISTRICT RWP

CONTACT # 051- TENDER # THQ/GS/01

IPL NUMBER: IPL-7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

Section IINSTRUCTION TO BIDDERS

INTRODUCTION1. Source of

Funds1.1 The Procuring Agency named in the Bid Data Sheet has received budget from

the Government of Punjab. The Procuring Agency intends to apply a portionof the proceeds of this budget to eligible payments under the contract forwhich this Invitation for Bids is issued.

2. Eligible Bidders

2.1 This Invitation for Bids is open to all suppliers, except as provided hereinafter.2.2 Bidders should not be associated, or have been associated in thewith a firm or any of its affiliates which have been engaged by the Procuring Agency

to provide consulting services for the preparation of the design, specifications,and other documents to be used for the procurement of the goods to bepurchased under this Invitation for Bids.

2.3 Government-owned enterprises may participate only if they are legally andfinancially autonomous, if they operate under commercial law, and if they arenot a dependent agency of the Government.

2.4 Bidders shall not be under a declaration of blacklisting by any Governmentdepartment or Punjab Procurement Regulatory Authority (PPRA).

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3. Eligible Goods and Services

3.1 All goods and related services to be supplied under the contract shall havetheir origin in eligible source countries, defined in the Bid Data Sheet (BDS),and all expenditures made under the contract will be limited to such goods andservices.

3.2 For purposes of this clause, “origin” means the place where the goods aremined, grown, or produced, or the place from which the related services aresupplied. Goods are produced when, through manufacturing, processing, orsubstantial and major assembly of components, a commercially-recognizedproduct results that is substantially different in basic characteristics or inpurpose or utility from its components.

3.3 The origin of goods and services is distinct from the nationality of the Bidder.

4. Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and submissionof its bid, and the Procuring Agency named in the Bid Data Sheet, hereinafterreferred to as “the Purchaser,” will in no case be responsible or liable for thosecosts, regardless of the conduct or outcome of the bidding process.

BIDDING DOCUMENTS

5. Content of Bidding Documents

5.1 The goods required, bidding procedures, and contract terms are prescribed inthe bidding documents. In addition to the Invitation for Bids, the biddingdocuments include:

(a) Instructions to Bidders (ITB)(b) Schedule of Requirements(c) Technical Specifications(d) Price Schedules (e) Contract Form(f) General Conditions of Contract (GCC)(g) Special Conditions of Contract (SCC)

5.2 The Bidder is expected to examine all instructions, forms, terms, andspecifications in the bidding documents. Failure to furnish all informationrequired by the bidding documents or to submit a bid not substantiallyresponsive to the bidding documents in every respect will be at the Bidder’srisk and may result in the rejection of its bid.

6. Clarification ofBidding Documents

6.1 A prospective Bidder requiring any clarification of the bidding documentsmay notify the Purchaser in writing or by email at the Purchaser’s addressindicated in ITB Clause 19.1. The Purchaser will respond in writing to anyrequest for clarification of the bidding documents which it receives no laterthan three (3) days prior to the deadline for the submission of bids prescribedin the Bid Data Sheet. Written copies of the Purchaser’s response (includingan explanation of the query but without identifying the source of inquiry) willbe sent to all prospective bidders that have received the bidding documents.

7. Amendment ofBidding Documents

7.1 At any time prior to the deadline for submission of bids, the Purchaser, for anyreason, whether at its own initiative or in response to a clarification requestedby a prospective Bidder, may modify the bidding documents by amendment.

7.2 All prospective bidders that have received the bidding documents will benotified of the amendment in writing or by email, and will be bidding onthem.

7.3 In order to allow prospective bidders reasonable time in which to take theamendment into account in preparing their bids, the Purchaser, at itsdiscretion, may extend the deadline for the submission of bids.

PREPARATION OF BIDS8. Language of

Bid8.1 The bid prepared by the Bidder, as well as all correspondence and documents

relating to the bid exchanged by the Bidder and the Purchaser shall be writtenin the language specified in the Bid Data Sheet. Supporting documents andprinted literature furnished by the Bidder may be in same language.

9. Documents Comprising the Bid

9.1 The bid prepared by the Bidder shall comprise the following components:(a) a Bid Form and a Price Schedule completed in accordance with ITB

Clauses 10, 11, and 12;

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(b) documentary evidence established in accordance with ITB Clause 13that the Bidder is eligible to bid and is qualified to perform the contractif its bid is accepted;

(c) documentary evidence established in accordance with ITB Clause 14that the goods and ancillary services to be supplied by the Bidder areeligible goods and services and conform to the bidding documents; and

(d) bid security furnished in accordance with ITB Clause 15.

10. Bid Form 10.1 The Bidder shall complete the Bid Form and the appropriate Price Schedulefurnished in the bidding documents, indicating the goods to be supplied, abrief description of the goods, and their country of origin, quantity, and prices.

11. Bid Prices 11.1 The Bidder shall indicate on the appropriate Price Schedule the unit prices(where applicable) and total bid price of the goods it proposes to supply underthe contract.

11.2 Prices indicated on the Price Schedule shall be delivered duty paid (DDP)prices.

11.3 The Bidder’s separation of price components in accordance with ITB Clause11.2 above will be solely for the purpose of facilitating the comparison of bidsby the Purchaser and will not in any way limit the Purchaser’s right tocontract on any of the terms offered.

11.4 Prices quoted by the Bidder shall be fixed during the Bidder’s performance ofthe contract and not subject to variation on any account, unless otherwisespecified in the Bid Data Sheet. A bid submitted with an adjustable pricequotation will be treated as nonresponsive and will be rejected, pursuant toITB Clause 24.

12. Bid Currencies 12.1 Prices shall be quoted in Pak Rupees unless otherwise specified in the BidData Sheet.

13. Documents Establishing Bidder’s Eligibility and Qualification

13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the Bidder’s eligibility to bid and its qualifications toperform the contract if its bid is accepted.

13.2 The documentary evidence of the Bidder’s eligibility to bid shall establish tothe Purchaser’s satisfaction that the Bidder, at the time of submission of itsbid, is eligible as defined under ITB Clause 2.

13.3 The documentary evidence of the Bidder’s qualifications to perform thecontract if its bid is accepted shall establish to the Purchaser’s satisfaction:

(a) that, in the case of a Bidder offering to supply goods under the contractwhich the Bidder did not manufacture or otherwise produce, the Bidderhas been duly authorized by the goods’ Manufacturer or producer tosupply the goods in Pakistan;

(b) that the Bidder has the financial, technical, and production capabilitynecessary to perform the contract;

(c) that, in the case of a Bidder not doing business within Pakistan, theBidder is or will be (if awarded the contract) represented by an Agentin that country equipped, and able to carry out the Supplier’smaintenance, repair, and spare parts-stocking obligations prescribed inthe Conditions of Contract and/or Technical Specifications; and

(d) That the Bidder meets the qualification criteria listed in the Bid DataSheet.

14. Documents Establishing Goods’ Eligibility and Conformity to Bidding

14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the eligibility and conformity to the biddingdocuments of all goods and services which the Bidder proposes to supplyunder the contract.

14.2 The documentary evidence of the eligibility of the goods and services shallconsist of a statement in the Price Schedule of the country of origin of the

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Documents goods and services offered which shall be confirmed by a certificate of originissued at the time of shipment.

14.3 The documentary evidence of conformity of the goods and services to thebidding documents may be in the form of literature, drawings, and data, andshall consist of:

(a) a detailed description of the essential technical and performancecharacteristics of the goods;

(b) a list giving full particulars, including available sources and currentprices of spare parts, special tools, etc., necessary for the proper andcontinuing functioning of the goods for a period to be specified in theBid Data Sheet, following commencement of the use of the goods bythe Purchaser; and

(c) an item-by-item commentary on the Purchaser’s TechnicalSpecifications demonstrating substantial responsiveness of the goodsand services to those specifications, or a statement of deviations andexceptions to the provisions of the Technical Specifications.

14.4 For purposes of the commentary to be furnished pursuant to ITB Clause14.3(c) above, the Bidder shall note that standards for workmanship, material,and equipment, as well as references to brand names or catalogue numbersdesignated by the Purchaser in its Technical Specifications, are intended to bedescriptive only and not restrictive. The Bidder may substitute alternativestandards, brand names, and/or catalogue numbers in its bid, provided that itdemonstrates to the Purchaser’s satisfaction that the substitutions ensuresubstantial equivalence to those designated in the Technical Specifications.

15. Bid Security 15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bidsecurity in the amount specified in the Bid Data Sheet.

15.2 The bid security is required to protect the Purchaser against the risk ofBidder’s conduct which would warrant the security’s forfeiture, pursuant toITB Clause 15.7.

15.3 The bid security shall be in Pak. Rupees and shall be in one of the followingforms:(b) Bank call-deposit (CDR), Demand Draft (DD), Pay Order (PO) or

Banker’s cheque valid for thirty (30) days beyond the validity of bid.15.4 Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be

rejected by the Purchaser as nonresponsive, pursuant to ITB Clause 24.15.5 Unsuccessful bidders’ bid security will be discharged or returned as promptly

as possible but not later than thirty (30) days after the expiration of the periodof bid validity prescribed by the Purchaser pursuant to ITB Clause 16.

15.6 The successful Bidder’s bid security will be discharged upon the Biddersigning the contract, pursuant to ITB Clause 31, and furnishing theperformance security, pursuant to ITB Clause 32.

15.7 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specifiedby the Bidder on the Bid Form; or

(b) in the case of a successful Bidder, if the Bidder fails:(i) to sign the contract in accordance with ITB Clause 31; or(ii) to furnish performance security in accordance with ITB Clause

32.

16. Period of Validity of Bids

16.1 Bids shall remain valid for the period specified in the Bid Data Sheet after thedate of bid opening prescribed by the Purchaser, pursuant to ITB Clause 19.A bid valid for a shorter period shall be rejected by the Purchaser asnonresponsive.

16.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consentto an extension of the period of validity. The request and the responses

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thereto shall be made in writing (or by email). The bid security providedunder ITB Clause 15 shall also be suitably extended. A Bidder may refuse therequest without forfeiting its bid security. A Bidder granting the request willnot be required nor permitted to modify its bid, except as provided in ITBClause 16.3.

16.3 In the case of fixed price contracts, if the award is delayed by a periodexceeding sixty (60) days beyond the expiry of the initial bid validity, thecontract price will be adjusted by a factor specified in the request forextension.

17. Format and Signing of Bid

17.1 The Bidder shall prepare an original and the number of copies of the bidindicated in the Bid Data Sheet, clearly marking each “ORIGINAL BID” and“COPY OF BID,” as appropriate. In the event of any discrepancy betweenthem, the original shall govern.

17.2 The original and the copy or copies of the bid shall be typed or written inindelible ink and shall be signed by the Bidder or a person or persons dulyauthorized to bind the Bidder to the contract. All pages of the bid, except forunamended printed literature, shall be initialed by the person or personssigning the bid.

17.3 Any interlineation, erasures, or overwriting shall be valid only if they areinitialed by the person or persons signing the bid.

17.4 The Bidder shall furnish information as described in the Form of Bid oncommissions or gratuities, if any, paid or to be paid to agents relating to thisBid, and to contract execution if the Bidder is awarded the contract.

SUBMISSION OF BIDS18. Sealing and

Marking of Bids

18.1 The Bidder shall seal the original envelopes 18.2 The inner and outer envelopes shall:

(a) be addressed to the Purchaser at the address given in the Bid DataSheet; and

(b) bear the title of procurement Activity indicated in the Bid Data Sheet,the Invitation for Bids (IFB) title and number indicated in the Bid DataSheet, and a statement: “DO NOT OPEN BEFORE,” to be completedwith the time and the date specified in the tender notice.

18.3 The inner envelopes shall also indicate the name and address of the Bidder toenable the bid to be returned unopened in case it is declared “late”.

18.4 If the outer envelope is not sealed and marked the Purchaser will assume noresponsibility for the bid’s misplacement or premature opening.

19. Deadline for Submission of Bids

19.1 Bids must be received by the Purchaser at the address specified as in TenderNotice not later than the time and date specified in the Tender notice.

19.2 The Purchaser may, at its discretion, extend this deadline for the submissionof bids by amending the bidding documents in accordance with ITB Clause 7,in which case all rights and obligations of the Purchaser and bidderspreviously subject to the deadline will thereafter be subject to the deadline asextended.

20. Late Bids 20.1 Any bid received by the Purchaser after the deadline for submission of bidsprescribed by the Purchaser pursuant to ITB Clause 19 will be rejected andreturned unopened to the Bidder.

21. Modification and Withdrawal of Bids

21.1 The Bidder may modify or withdraw its bid after the bid’s submission,provided that written notice of the modification, including substitution orwithdrawal of the bids, is received by the Purchaser prior to the deadlineprescribed for submission of bids.

21.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed,marked, and dispatched in accordance with the provisions of ITB Clause 18.A withdrawal notice may also be sent by email, but followed by a signedconfirmation copy, postmarked not later than the deadline for submission ofbids.

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21.3 No bid may be modified after the deadline for submission of bids.21.4 No bid may be withdrawn in the interval between the deadline for submission

of bids and the expiration of the period of bid validity specified by the Bidderon the Bid Form. Withdrawal of a bid during this interval may result in theBidder’s forfeiture of its bid security, pursuant to the ITB Clause 15.7.

OPENING AND EVALUATION OF BIDS

22. Opening of Bids by the Purchaser

22.1 The Purchaser will open all bids in the presence of bidders’ representativeswho choose to attend, at the time, on the date, and at the place specified in theBid Data Sheet. The bidders’ representatives who are present shall sign anattendance sheet evidencing their presence.

22.2 The bidders’ names, bid modifications or withdrawals, bid prices, discounts,and the presence or absence of requisite bid security and such other details asthe Purchaser, at its discretion, may consider appropriate, will be announced atthe opening. No bid shall be rejected at bid opening, except for late bids,which shall be returned unopened to the Bidder pursuant to ITB Clause 20.

22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are not openedand read out at bid opening shall not be considered further for evaluation,irrespective of the circumstances. Withdrawn bids will be returned unopenedto the bidders.

22.4 The Purchaser will prepare minutes of the bid opening.

23. Clarification ofBids

23.1 During evaluation of the bids, the Purchaser may, at its discretion, ask theBidder for a clarification of its bid. The request for clarification and theresponse shall be in writing, and no change in the prices or substance of thebid shall be sought, offered, or permitted.

24. Preliminary Examination

24.1 The Purchaser will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required suretieshave been furnished, whether the documents have been properly signed, andwhether the bids are generally in order.

24.2 Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and thetotal price shall be corrected. If the Supplier does not accept the correction ofthe errors, its bid will be rejected, and its bid security may be forfeited. Ifthere is a discrepancy between words and figures, the amount in words willprevail.

24.3 The Purchaser may waive any minor informality, nonconformity, orirregularity in a bid which does not constitute a material deviation, providedsuch waiver does not prejudice or affect the relative ranking of any Bidder.

24.4 Prior to the detailed evaluation, pursuant to ITB Clause 25 the Purchaser willdetermine the substantial responsiveness of each bid to the biddingdocuments. For purposes of these Clauses, a substantially responsive bid isone which conforms to all the terms and conditions of the bidding documentswithout material deviations. Deviations from, or objections or reservations tocritical provisions, such as those concerning Bid Security (ITB Clause 15),Applicable Law (GCC Clause 30), and Taxes and Duties (GCC Clause 32),will be deemed to be a material deviation. The Purchaser’s determination of abid’s responsiveness is to be based on the contents of the bid itself withoutrecourse to extrinsic evidence.

24.5 If a bid is not substantially responsive, it will be rejected by the Purchaser andmay not subsequently be made responsive by the Bidder by correction of thenonconformity.

25. Qualification & Evaluation

25.1 In the absence of prequalification, the Purchaser will determine to itssatisfaction whether the Bidder is qualified to perform the contractsatisfactorily, in accordance with the criteria.

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of Bids 25.2 The determination will take into account the Bidder’s financial, technical, andproduction capabilities. It will be based upon an examination of thedocumentary evidence of the Bidder’s qualifications submitted by the Bidder,pursuant to ITB Clause 13.3, as well as such other information as thePurchaser deems necessary and appropriate.

25.3 The Purchaser will technically evaluate and compare the bids which havebeen determined to be substantially responsive, pursuant to ITB Clause 24, asper Technical Specifications required.

25.4 The Purchaser’s financial evaluation of a bid will be on delivered duty paid(DDP) price inclusive of prevailing taxes and duties.

26. Contacting the Purchaser

26.1 Subject to ITB Clause 23, no Bidder shall contact the Purchaser on any matterrelating to its bid, from the time of the bid opening to the time evaluationreport is made public i.e. 10 days before the contract is awarded. If the Bidderwishes to bring additional information or has grievance to the notice of thePurchaser, it should do so in writing.

26.2 Any effort by a Bidder to influence the Purchaser during bid evaluation, or bidcomparison may result in the rejection of the Bidder’s bid.

AWARD OF CONTRACT

27. Award Criteria 27.1 Subject to ITB Clause 30, the Purchaser will award the contract to thesuccessful Bidder whose bid has been determined to be substantiallyresponsive and has been determined to be the lowest evaluated bid, providedfurther that the Bidder is determined to be qualified to perform the contractsatisfactorily.

28. Purchaser’s Right to Vary Quantities at Time of Award

28.1 The Purchaser reserves the right at the time of contract award to increase ordecrease, by the percentage indicated in the Bid Data Sheet, the quantity ofgoods and services originally specified in the Schedule of Requirementswithout any change in unit price or other terms and conditions.

29. Purchaser’s Right to Accept or Reject All Bids

29.1 The Purchaser reserves the right to accept or reject all bids, and to annul thebidding process at any time prior to contract award, without thereby incurringany liability to the Bidder or bidders or any obligation to inform the Bidder orbidders of the grounds for the Purchaser’s action.

30. Notification of Award

30.1 Prior to the expiration of the period of bid validity, the Purchaser will notifythe successful Bidder in writing by registered letter or by email, to beconfirmed in writing by registered letter, that its bid has been accepted.

30.2 The notification of award will constitute the formation of the Contract.30.3 Upon the successful Bidder’s furnishing of the performance security pursuant

to ITB Clause 33, the Purchaser will promptly notify each unsuccessfulBidder and will discharge its bid security, pursuant to ITB Clause 15.

31. Signing of Contract

31.1 At the same time as the Purchaser notifies the successful Bidder that its bidhas been accepted, the Purchaser will send the Bidder the Contract Formprovided in the bidding documents, incorporating all agreements between theparties.

31.2 Within seven (07) days of receipt of the Contract Form, the successful Biddershall sign and date the contract and return it to the Purchaser.

32 Performance Security

32.1 Within fourteen (14) days of the receipt of notification of award from thePurchaser, the successful Bidder shall furnish the performance security 5%of the contract amount.

32.2 Failure of the successful Bidder to comply with the requirement of ITBClause 32 or ITB Clause 33.1 shall constitute sufficient grounds for theannulment of the award and forfeiture of the bid security, in which event thePurchaser may make the award to the next lowest evaluated Bidder or call fornew bids.

33. Corrupt or Fraudulent

33.1 The Procuring Agency requires that Bidders, Suppliers, and Contractorsobserve the highest standard of ethics during the procurement and execution

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Practices of contracts. For the purposes of this provision, the terms set forth below aredefined as follows:

(i) “corrupt practice” means the offering, giving, receiving or soliciting anything ofvalue to influence the action of a public official in theprocurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence aprocurement process or the execution of a contract to thedetriment of the Procuring Agency,

(iii) “collusive practice” is an arrangement among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial, non-competitive levels for any wrongful gains, and to deprive theProcuring Agency of the benefits of free and open competition;

(b) The Procuring Agency will reject a proposal for award ifit determines that the Bidder recommended for award has engagedin corrupt or fraudulent practices in competing for the contract inquestion;

(c) The Procuring Agency will sanction a firm, in accordancewith prevailing Blacklisting procedures under Punjab ProcurementRules 2014, if it at any time determines that the firm has engagedin corrupt or fraudulent practices in competing for, or in executing,a Bank-financed contract.

33.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 5.4and sub-clause 24.1 of the General Conditions of Contract.

Section II. Bid Data Sheet

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

IntroductionITB 1 Name of Procuring Agency: THQ hospital, KALLAR SYEDAN,DISTRICT RWP,

Government of the Punjab

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ITB 2 Name of Procurement: Frame work Contract for purchase of GENERAL STORE ITEMS

ITB 3 Name of Purchaser: Procuring Agency THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 4 For clarification purposes, the Employer’s address is:THQ hospital, KALLAR SYEDAN, DISTRICT RWP.

ITB 5 Language of the bid – English

Bid Price and CurrencyITB 6 The price quoted shall be Delivered Duty Paid at the following locations in

accordance with the Schedule of Requirements including the delivery charges:THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 7 The price shall be in Pak Rupees and shall be fixed.

Preparation and Submission of Bids

ITB 8

a. Certificate of Incorporation of bidder’s firm showing its location and the date of registration etc.

b. NTN Registration Certificate

ITB 9 Amount of Bid Security:

Package Item Bid Security

1Frame work Contract for purchase ofGENERAL STORE ITEMS

2 % of the estimatedcost

Bids shall be in the prescribed format, sealed and accompanied by the BidSecurity in the form of Call Deposit, Bank Draft, or Pay Order in favor of medicalsuperintendent THQ hospital, KALLAR SYEDAN, DISTRICT RWP, having itsvalidity 90 days from the date of opening of bid.

ITB 10 Bid Validity Period: 90 days after the date of opening of bid.

ITB 11 Number of Copies: Original along with one Copy of the bid. Bids must beaccompanied by unit price and total price.

ITB 12 Address for Bid Submission:,THQ hospital, Kallar Syedan,District Rwp

ITB 13 Deadline for Bid Submission: 31 AUG 2019 10:00 am

ITB 14 Time, Date, and Place for Bid Opening: On 31 AUG 2019 at 10:30 a.m. at THQ hospital, KALLAR

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SYEDAN,DISTRICT RWP

Bid EvaluationITB 15 Criteria for bid evaluation: Lowest Delivered Duty Paid (DDP) Total Price offered

by the qualified responsive bidder.

Contract AwardITB 16 Percentage for quantity increase or decrease:

15 % of total contract value

1. Section III.

2. Schedule of RequirementsThe delivery schedule expressed as weeks stipulates hereafter a delivery date which is the date of delivery required.

TABLE 1 DELIVERY SCHEDULE

Location ItemDelivery Period from the date ofNotification of Award/supply order

THQ hospital,KALLAR

SYEDAN,DISTRICTRWP

Frame work Contract for purchase ofGENERAL STORE ITEMS

Supply order will be issued as perneed and delivery period is 15 days.

Location ItemPENALTY from the date of supply

order

THQ hospital,KALLAR

SYEDAN,DISTRICTRWP

Frame work Contract for purchase ofGENERAL STORE ITEMS

@ 0.5% per day of the purchaseorder amount after 15 day will be

imposed

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Section IV Technical Specifications

CRITERIA FOR TECHNICAL EVALUATION OF THE TENDER

The quotation /bid who secure 65% marks will qualify for the competition.

TOTAL 100%

Note: Firms have to provide samples/Brochure along with the tender submission.

Section VPRICE SCHEDULE

Sr no Item NameTentative quantity to

be procuredcomment

s

Priceoffered per

unit

1. Head cover Caps (Greendisposable) 2000 Nos

Samplerequired

2. Examination Gloves (large) 20,000 NosSample

required

3. BP Apparatus Dial type (Japan) 20 NosBrochure is

needed

4. Mercury BP Apparatus (Japan)Stand Type 10 Nos

Brochure isneeded

5. BP Apparatus Pump 50 NosBrochure is

needed

6. BP Apparatus Cuff (normal size)with bladder 50 Nos

Brochure isneeded

7. BP Apparatus Cuff (large size)with bladder 30 Nos

Brochure isneeded

8. Stethoscope (Best quality) 20 Nos Brochure is

needed

9. Nebulizer (Imported) 10 NosBrochure is

needed

10. Ambu Bag (Adult) 10 NosBrochure is

needed

11. Ambu Bag (Neo nates) 05 NosBrochure is

needed

12. Ambu Bag (Peads) 05 NosBrochure is

needed

Sr. No. Parameter Weight age1 Age of Company/Firm 20%2 H.R. Strength 20%3 Relevant experience 20%4 Sample/Brochure 40%

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13. Oxygen Gauge/Regulator (BestQuality) 10 Nos

14. Patient Stool (GOOD QUALITY) 20 NosSample

required

15. Wheel Chair (GOOD QUALITY) 05 NosBrochure is

needed

16. Face Mask (green disposable) 10,000 NosBrochure is

needed

17. Element for autoclave 600 wat 05 NosBrochure is

needed

18. Element for autoclave 1000 wator equivalent 05 Nos

Brochure isneeded

19. Steel Cupboard (6X4) (Bestquality) 05 Nos

Brochure isneeded

20. Steel bench with back 3 seater(Minimum 32 kg) 15 Nos

Brochure isneeded

21. Syring Cuter (Best quality) 50 NosSample

required

22. Suction Machine (best quality) 03 NosBrochure is

needed

23. Instruments Tray (Steel Tray) 03 NosSample

required

24. Instruments Trolly 10 NosBrochure is

needed

25. Crockery China (Plates) 01 set

26. Crockery China (Glass) 10 Nos

27. Crockery China (Jug) 03 Nos

28. Crockery China (Cup Set) 03 set

29. Crockery China (Thermas) 02 Nos

30. Crockery China (12 LARGESpoon) 2 SET

31. Crockery China (12 Small Spoon) 1 SET

32. Crockery China (Knife) 02 Nos

33. Insect Killer (30 WATT) 02 NosBrochure is

needed

34. Pulse Oximeter (Hand held) 05 NosBrochure is

needed

35. Nebulizer Kit (infant) 10 NosSample

required

36. Nebulizer Kit (peads) 10 NosSample

required

37. Nebulizer Kit (Adult) 10 NosSample

required

38. Locks (medium size) 30 NosSample

required

39. Electric fan heater (1000 WATT) 10 NosSample

required

40. Air Ways (All sizes) 50 packetsSample

required

41. Throat Examination Light (handheld) 10 Nos

Samplerequired

42. Thermometer (Mercury) 500 NosSample

required

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43. Foot Steps (Best Quality) 10 NosSample

required

44. Folding Screen (Best Quality) 10 NosBrochure is

needed

45. Exhaust Fan 12'' (Copperwinding) 20 Nos

Samplerequired

46. Dirty Linen Trolly (Best quality) 05 NosBrochure is

needed

47. Strips for Gluco Meter includingglucometer per 1500 strips 10,000 Nos

Samplerequired

48. Shoppers small size 10 kgSample

required

49. Shoppers big size 15 kgSample

required

50. Rubber Mat Door Mat (Bestquality) 05 Nos

Samplerequired

51. Medicine Cabinet (Iron) 10 NosBrochure is

needed

52. PVC TAPE 10 NosSample

required

53. Dry Bateries (APC) 10 Nos Sample

required

54. Medicin Trolly (Best quality) 05 NosSample

required

55. USB 32 GB 20 NosSample

required

56. Alcohol Swab 100 BoxSample

required

57. Tissue Paper Box (100 tissues) 100 boxSample

required

58. Weight machine with heightscale 05 Nos

Brochure isneeded

59. Steel spirit jars 4*4 10 NosSample

required

60. Electric cable 7/64 5 coilSample

required

61. Electric cable 7/52 3 coilSample

required

62. Electric cable 7/29 2 coilSample

required

63. Electric cable 7/36, 2 coil

Samplerequired

64. Electric cable 3/29 2 coilSample

required

65. Light plug (Universal)50 Nos

Samplerequired

66. 2 pin socket 50 NosSample

required

67. 2 pin shoe (male) 50 NosSample

required

68. 2 pin shoe (Female)50 Nos

Samplerequired

69. 3 pin shoe (male) 50 NosSample

required

70. 3 pin shoe (Female)50 Nos

Samplerequired

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71. Power plug (30 AMP)50 Nos

Samplerequired

72. UPS 1000 WATT (12 V) 02 NosSample

required

73. Batery for ups (200 AMP) (12V)05 Nos

Brochure isneeded

74. Stablizer 1500 wat (Copperwinding) 10 Nos

Brochure isneeded

75. lotay (Best quality) 50 NosSample

required

76. Small waste basket (Best quality)100 Nos

Samplerequired

77. EXTENSION WITH WIRE (Bestquality) 15 Nos

Samplerequired

78. Wax Seal (Seal lock)50 Nos

Samplerequired

79. Sharp container box 10 NosSample

required

80. Steel container for plant 16x16 20 NosSample

required

81. search light with Complete frame(2000 wat) 05 Nos

Samplerequired

82. Ac drainage pipe (plastic) 100 meterSample

required

83. AC cabnit cover 4 ton(parashoot) 05 Nos

Samplerequired

84. AC cabnit cover 2 ton(parashoot) 23 Nos

Samplerequired

85. AC cover (wall mounted) 1.5 ton(parashoot) 10 Nos

Samplerequired

86. AC cover (wall mounted) 2 ton(parashoot) 10 Nos

Samplerequired

87. Lancet/pricker 100 packsSample

required

88. Surf (Good quality) 200 Kg

89. Bleach 100 Botles

90. Tub 10 No’s

91. Plastic Buckets20 No’s

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IMPORTANT NOTE:

3. Items for which samples & brochure are needed must be submitted along with bid submission.

Section VI. Contract Forms

1.

2. 1. Contract Form

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:

WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [brief description of goods andservices] and has accepted a bid by the Supplier for the supply of those goods and services in the sum of [contractprice in words and figures] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, theSupplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein inconformity in all respects with the provisions of the Contract

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods andservices and the remedying of defects therein, the Contract Price or such other sum as may become payable under theprovisions of the contract at the times and in the manner prescribed by the contract.

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

Signed, sealed, delivered by the (for the Purchaser)

Signed, sealed, delivered by the (for the Supplier)

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Section VII. General Conditions of Contract

1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between thePurchaser and the Supplier, as recorded in the Contract Form signed bythe parties, including all attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.

(c) “The Goods” means all of the equipment, machinery, and/or othermaterials which the Supplier is required to supply to the Purchaserunder the Contract.

(d) “The Services” means those services ancillary to the supply of theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision of technicalassistance, training, and other such obligations of the Supplier coveredunder the Contract.

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

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

(g) “The Purchaser” means the organization purchasing the Goods, asnamed in SCC.

(h) “The Purchaser’s country” is Islamic Republic of Pakistan.

(i) “The Supplier” means the individual or firm supplying the Goods andServices under this Contract.

(j) “The Project Site,” where applicable, means the place or places namedin SCC.

(k) “Day” means calendar day.2. Application 2.1 These General Conditions shall apply to the extent that they are not

superseded by provisions of other parts of the Contract.

3. Country of Origin

3.2 For purposes of this Clause, “origin” means the place where the Goods weremined, grown, or produced, or from which the Services are supplied. Goodsare produced when, through manufacturing, processing, or substantial andmajor assembly of components, a commercially recognized new productresults that is substantially different in basic characteristics or in purpose or

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utility from its components.

3.3 The origin of Goods and Services is distinct from the nationality of theSupplier.

4. Standards 4.1 The Goods supplied under this Contract shall conform to the standardsmentioned in the Technical Specifications, and, when no applicable standardis mentioned, to the authoritative standards appropriate to the Goods’ countryof origin. Such standards shall be the latest issued by the concernedinstitution.

5. Use of Contract Documents and Information; Inspection and Audit by the Bank

5.1 The Supplier shall not, without the Purchaser’s prior written consent, disclosethe Contract, or any provision thereof, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalf of the Purchaser inconnection therewith, to any person other than a person employed by theSupplier in the performance of the Contract. Disclosure to any such employedperson shall be made in confidence and shall extend only so far as may benecessary for purposes of such performance.

5.2 The Supplier shall not, without the Purchaser’s prior written consent, makeuse of any document or information enumerated in GCC Clause 5.1 except forpurposes of performing the Contract.

5.3 Any document, other than the Contract itself, enumerated in GCC Clause 5.1shall remain the property of the Purchaser and shall be returned (all copies) tothe Purchaser on completion of the Supplier’s performance under the Contractif so required by the Purchaser.

5.4 The Supplier shall permit the Procuring Agency to inspect the Supplier’saccounts and records relating to the performance of the Supplier and to havethem audited by auditors appointed by the Procuring Agency, if so required bythe Procuring Agency.

6. Patent Rights 6.1 The Supplier shall indemnify the Purchaser against all third-party claims ofinfringement of patent, trademark, or industrial design rights arising from useof the Goods or any part thereof.

7. Performance Security

7.1 Within ten (10) days of receipt of the notification of Contract award, thesuccessful Bidder shall furnish to the Purchaser the performance security inthe amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the Purchaser ascompensation for any loss resulting from the Supplier’s failure to complete itsobligations under the Contract.

7.3 The performance security shall be denominated in the currency of theContract acceptable to the Purchaser and shall be in one of the followingforms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputablebank located in Pakistan, in the form provided in the biddingdocuments or another form acceptable to the Purchaser; or

(b) a cashier’s or certified check.

7.4 The performance security will be discharged by the Purchaser and returned tothe Supplier not later than thirty (30) days following the date of completion ofthe Supplier’s performance obligations under the Contract, including anywarranty obligations, unless specified otherwise in SCC.

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8. Inspections and Tests

8.1 The Purchaser or its representative shall have the right to inspect and/or to testthe Goods to confirm their conformity to the Contract specifications at noextra cost to the Purchaser. SCC and the Technical Specifications shallspecify what inspections and tests the Purchaser requires and where they areto be conducted. The Purchaser shall notify the Supplier in writing, in atimely manner, of the identity of any representatives retained for thesepurposes.

8.2 The inspections and tests may be conducted on the premises of the Supplier orits subcontractor(s), at point of delivery, and/or at the Goods’ final destination.If conducted on the premises of the Supplier or its subcontractor(s), allreasonable facilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at no charge to thePurchaser.

8.3 Should any inspected or tested Goods fail to conform to the Specifications, thePurchaser may reject the Goods, and the Supplier shall either replace therejected Goods or make alterations necessary to meet specificationrequirements free of cost to the Purchaser.

8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goodsafter the Goods’ arrival in Pakistan shall in no way be limited or waived byreason of the Goods having previously been inspected, tested, and passed bythe Purchaser or its representative prior to the Goods’ shipment from thecountry of origin.

8.5 Nothing in GCC Clause 8 shall in any way release the Supplier from anywarranty or other obligations under this Contract.

9. Packing 9.1 The Supplier shall provide such packing of the Goods as is required to preventtheir damage or deterioration during transit to their final destination, asindicated in the Contract. The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extremetemperatures, salt and precipitation during transit, and open storage. Packingcase size and weights shall take into consideration, where appropriate, theremoteness of the Goods’ final destination and the absence of heavy handlingfacilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packagesshall comply strictly with such special requirements as shall be expresslyprovided for in the Contract, including additional requirements, if any,specified in SCC, and in any subsequent instructions ordered by the Purchaser.

10. Delivery and Documents

10.1 Delivery of the Goods shall be made by the Supplier in accordance with theterms specified in the Schedule of Requirements. The details of shippingand/or other documents to be furnished by the Supplier are specified in SCC.

10.2 Documents to be submitted by the Supplier are specified in SCC.

11. Insurance 11.1 The Goods supplied under the Contract shall be delivered duty paid (DDP)under which risk is transferred to the buyer after having been delivered; henceinsurance coverage is seller’s responsibility.

12. Transportation 12.1 The Supplier is required under the Contact to transport the Goods to aspecified place of destination within the Purchaser’s country, transport to suchplace of destination in the Purchaser’s country, including insurance andstorage, as shall be specified in the Contract, shall be arranged by theSupplier, and related costs shall be included in the Contract Price.

13. Incidental 13.1 The Supplier may be required to provide any or all of the following services,

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Services including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or start-up of thesupplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of thesupplied Goods;

(c) furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of thesupplied Goods, for a period of time agreed by the parties, providedthat this service shall not relieve the Supplier of any warrantyobligations under this Contract; and

(e) Training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of thesupplied Goods.

13.2 Prices charged by the Supplier for incidental services, if not included in theContract Price for the Goods, shall be agreed upon in advance by the partiesand shall not exceed the prevailing rates charged for other parties by theSupplier for similar services.

14. Spare Parts 14.1 As specified in SCC, the Supplier may be required to provide any or all of thefollowing materials, notifications, and information pertaining to spare partsmanufactured or distributed by the Supplier:

(a) such spare parts as the Purchaser may elect to purchase from theSupplier, provided that this election shall not relieve the Supplier of anywarranty obligations under the Contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the Purchaser of the pending termination,in sufficient time to permit the Purchaser to procure neededrequirements; and

(ii) Following such termination, furnishing at no cost to thePurchaser, the blueprints, drawings, and specifications of thespare parts, if requested.

15. Warranty 15.1 The Supplier warrants that the Goods supplied under the Contract are new,unused, of the most recent or current models and those they incorporate allrecent improvements in design and materials unless provided otherwise in theContract. The Supplier further warrants that all Goods supplied under thisContract shall have no defect, arising from design, materials, or workmanship(except when the design and/or material is required by the Purchaser’sspecifications) or from any act or omission of the Supplier, that may developunder normal use of the supplied Goods in the conditions prevailing in thecountry of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the Goods, orany portion thereof as the case may be, have been delivered to and accepted atthe final destination indicated in the Contract, or for eighteen (18) monthsafter the date of shipment from the port or place of loading in the sourcecountry, whichever period concludes earlier, unless specified otherwise inSCC.

15.3 The Purchaser shall promptly notify the Supplier in writing of any claims

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arising under this warranty.

15.4 Upon receipt of such notice, the Supplier shall, within the period specified inSCC and with all reasonable speed, repair or replace the defective Goods orparts thereof, without costs to the Purchaser.

15.5 If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in SCC, within a reasonable period, the Purchaser mayproceed to take such remedial action as may be necessary, at the Supplier’srisk and expense and without prejudice to any other rights which thePurchaser may have against the Supplier under the Contract.

16. Payment 16.1 The method and conditions of payment to be made to the Supplier under thisContract shall be specified in SCC.

16.2 The Supplier’s request(s) for payment shall be made to the Purchaser inwriting, accompanied by an invoice describing, as appropriate, the Goodsdelivered and Services performed, and by documents submitted pursuant toGCC Clause 10, and upon fulfillment of other obligations stipulated in theContract.

16.3 Payments shall be made promptly by the Purchaser, but in no case later thanthirty (30) days after submission of an invoice or claim by the Supplier.

16.4 The currency of payment is Pak. Rupees.

17. Prices 17.1 Prices charged by the Supplier for Goods delivered and Services performedunder the Contract shall not vary from the prices quoted by the Supplier in itsbid, with the exception of any price adjustments authorized in SCC or in thePurchaser’s request for bid validity extension, as the case may be.

18. Change Orders 18.1 The Purchaser may at any time, by a written order given to the Supplierpursuant to GCC Clause 31, make changes within the general scope of theContract in any one or more of the following:

(a) drawings, designs, or specifications, where Goods to be furnishedunder the Contract are to be specifically manufactured for thePurchaser;

(b) the method of shipment or packing;(c) the place of delivery; and/or

(d) the Services to be provided by the Supplier.

18.2 If any such change causes an increase or decrease in the cost of, or the timerequired for, the Supplier’s performance of any provisions under the Contract,an equitable adjustment shall be made in the Contract Price or deliveryschedule, or both, and the Contract shall accordingly be amended. Any claimsby the Supplier for adjustment under this clause must be asserted within thirty(30) days from the date of the Supplier’s receipt of the Purchaser’s changeorder.

19. Contract Amendments

19.1 Subject to GCC Clause 18, no variation in or modification of the terms of theContract shall be made except by written amendment signed by the parties.

20. Assignment 20.1 The Supplier shall not assign, in whole or in part, its obligations to performunder this Contract, except with the Purchaser’s prior written consent.

21. Subcontracts 21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awardedunder this Contract if not already specified in the bid. Such notification, in the

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original bid or later, shall not relieve the Supplier from any liability orobligation under the Contract.

21.2 Subcontracts must comply with the provisions of GCC Clause 3.

22. Delays in the Supplier’s Performance

22.1 Delivery of the Goods and performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the Purchaser inthe Schedule of Requirements.

22.2 If at any time during performance of the Contract, the Supplier or itssubcontractor(s) should encounter conditions impeding timely delivery of theGoods and performance of Services, the Supplier shall promptly notify thePurchaser in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier’s notice, thePurchaser shall evaluate the situation and may at its discretion extend theSupplier’s time for performance, with or without liquidated damages, in whichcase the extension shall be ratified by the parties by amendment of Contract.

22.3 Except as provided under GCC Clause 25, a delay by the Supplier in theperformance of its delivery obligations shall render the Supplier liable to theimposition of liquidated damages pursuant to GCC Clause 23, unless anextension of time is agreed upon pursuant to GCC Clause 22.2 without theapplication of liquidated damages.

23. Liquidated Damages

23.1 Subject to GCC Clause 25, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under theContract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delayuntil actual delivery or performance, up to a maximum deduction of the percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 24.

24. Termination for Default

24.1 The Purchaser, without prejudice to any other remedy for breach of Contract,by written notice of default sent to the Supplier, may terminate this Contractin whole or in part:

(a) if the Supplier fails to deliver any or all of the Goods within theperiod(s) specified in the Contract, or within any extension thereofgranted by the Purchaser pursuant to GCC Clause 22; or

(b) if the Supplier fails to perform any other obligation(s) under theContract.

(c) if the Supplier, in the judgment of the Purchaser has engaged in corruptor fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting ofanything of value to influence the action of a public official in theprocurement process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Procuring Agency, and includes collusive practiceamong Bidders (prior to or after bid submission) designed to establishbid prices at artificial non-competitive levels and to deprive theProcuring Agency of the benefits of free and open competition.

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24.2 In the event the Purchaser terminates the Contract in whole or in part,pursuant to GCC Clause 24.1, the Purchaser may procure, upon such termsand in such manner as it deems appropriate, Goods or Services similar tothose undelivered, and the Supplier shall be liable to the Purchaser for anyexcess costs for such similar Goods or Services. However, the Supplier shallcontinue performance of the Contract to the extent not terminated.

25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22, 23, and 24, the Suppliershall not be liable for forfeiture of its performance security, liquidateddamages, or termination for default if and to the extent that it’s delay inperformance or other failure to perform its obligations under the Contract isthe result of an event of Force Majeure.

25.2 For purposes of this clause, “Force Majeure” means an event beyond thecontrol of the Supplier and not involving the Supplier’s fault or negligenceand not foreseeable. Such events may include, but are not restricted to, acts ofthe Purchaser in its sovereign capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions, and freight embargoes.

25.3 If a Force Majeure situation arises, the Supplier shall promptly notify thePurchaser in writing of such condition and the cause thereof. Unlessotherwise directed by the Purchaser in writing, the Supplier shall continue toperform its obligations under the Contract as far as is reasonably practical, andshall seek all reasonable alternative means for performance not prevented bythe Force Majeure event.

26. Termination for Insolvency

26.1 The Purchaser may at any time terminate the Contract by giving written noticeto the Supplier if the Supplier becomes bankrupt or otherwise insolvent. Inthis event, termination will be without compensation to the Supplier, providedthat such termination will not prejudice or affect any right of action or remedywhich has accrued or will accrue thereafter to the Purchaser.

27. Termination for Convenience

27.1 The Purchaser, by written notice sent to the Supplier, may terminate theContract, in whole or in part, at any time for its convenience. The notice oftermination shall specify that termination is for the Purchaser’s convenience,the extent to which performance of the Supplier under the Contract isterminated, and the date upon which such termination becomes effective.

27.2 The Goods that are complete and ready for shipment within thirty (30) daysafter the Supplier’s receipt of notice of termination shall be accepted by thePurchaser at the Contract terms and prices. For the remaining Goods, thePurchaser may elect:

(a) to have any portion completed and delivered at the Contract terms andprices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount forpartially completed Goods and Services and for materials and partspreviously procured by the Supplier.

28. Resolution of Disputes

28.1 The Purchaser and the Supplier shall make every effort to resolve amicably bydirect informal negotiation any disagreement or dispute arising between themunder or in connection with the Contract.

28.2 If, after thirty (30) days from the commencement of such informalnegotiations, the Purchaser and the Supplier have been unable to resolveamicably a Contract dispute, either party may require that the dispute bereferred for resolution to the formal mechanisms specified in SCC. Thesemechanisms may include, but are not restricted to, conciliation mediated by athird party, adjudication in an agreed and/or arbitration.

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29. Governing Language

29.1 The Contract shall be written in the language specified in SCC. Subject toGCC Clause 30, the version of the Contract written in the specified languageshall govern its interpretation. All correspondence and other documentspertaining to the Contract which are exchanged by the parties shall be writtenin the same language.

30. Applicable Law

30.1 The Contract shall be interpreted in accordance with the laws of IslamicRepublic of Pakistan.

31. Notices 31.1 Any notice given by one party to the other pursuant to this Contract shall besent to the other party in writing or by fax and confirmed in writing to theother party’s address specified in SCC.

31.2 A notice shall be effective when delivered or on the notice’s effective date,whichever is later.

32. Taxes and Duties

32.1 Supplier shall be entirely responsible for all taxes, duties, license fees, etc.,incurred until delivery of the contracted Goods to the Purchaser.

4.

5.

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Section VIII. Special Conditions of Contract

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there isa conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The correspondingclause number of the GCC is indicated in parentheses.

1. Definitions (GCC Clause 1)

GCC 1.1 (g)—The Purchaser is: THQ hospital, KALLAR SYEDAN,DISTRICT RWP, Government of thePunjab.

GCC 1.1 (h)—The Purchaser’s country is: Islamic Republic of Pakistan

GCC 1.1 (i)—The Supplier is:

GCC 1.1 (j)—The Project Site is: THQ hospital, KALLAR SYEDAN,DISTRICT RWP

2. Country of Origin (GCC Clause 3)

3. Performance Security (GCC Clause 7)

GCC 7.1—The amount of performance security, as a percentage of the Contract Price, shall be 5% (Five percent of the contract price) in the shape of non recourse, irrevocable and unconditional bank guarantee fromscheduled bank of Pakistan on the prescribed format attached with the bidding document.

4. Inspections and Tests (GCC Clause 8)

GCC 8.6—Inspection and tests prior to delivery of goods and at final acceptance are:-i) For being Brand New, bearing relevant reference numbers of the equipment (Certificate

from supplier)ii) For Physical Fitness having No Damages (Certificate from supplier)iii) For the Country of Origin as quoted by the Supplier (Certificate from manufacturer)iv) For conformance to specifications and performance parameters, through Prior to delivery

inspection.v) For successful operation at site after complete installation, testing and commissioning of the

equipment (Installation, Testing and Commissioning Report by THQ hospital, KALLARSYEDAN,DISTRICT RWP.)

5. Delivery and Documents (GCC Clause 10)

GCC 10.3— upon shipment, the Supplier shall notify the Purchaser the full details of the shipment, includingContract number, description of Goods, quantity and usual transport document. The Supplier shall mail thefollowing documents to the Purchaser:

(i) Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;(ii) Original and two copies of the usual transport document (for example, a negotiable bill of lading, a non-

negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a roadconsignment note, or a multimodal transport document) which the buyer may require to take the goods;

(iii) Copies of the packing list identifying contents of each package;(iv) Insurance Certificate;(v) Manufacturer’s or Supplier’s Valid Warranty Certificate;(vi) Inspection Certificate issued by the Nominated Inspection Agency (if any), and the Supplier’s Factory

Inspection Report; and

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(vii) Certificate of Origin.(viii) The above documents would be required even if the equipment has already been imported and is available

with the supplier ex-stock

6. Insurance (GCC Clause 11)

GCC 11.1— The Goods supplied under the Contract shall be Delivered Duty Paid (DDP) under which risk istransferred to the Buyer after having been delivered. Hence insurance coverage is seller’s responsibility. Sincethe Insurance is seller’s responsibility they may arrange appropriate coverage.

7. Incidental Services (GCC Clause 13)

GCC 13.1—Incidental services to be provided are:A) At site complete training of Purchaser’s nominated staff regarding maintenance and

operation of Goods.B) At site preventive maintenance on quarterly basis by the bidder’s qualified staff for one

year, starting from final acceptance of goods.

The rate must include cost for all kinds of labor, inputs and material required for above, and all applicable government taxes and levies. In case a separate rate is not provided by the bidder for the above items, it shall be deemed to have been covered in the overall quoted cost.

8. Warranty (GCC Clause 15)

GCC 15.2—In accordance with the provisions, the warranty period shall be 2000 hours of operation or 12months (parts and labor warranty) from date of Handing Over (Final Acceptance) of the Goods whicheveroccurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guaranteesspecified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained inwhole or in part, the Supplier shall, at its discretion, either:

(a) Make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessaryin order to attain the contractual guarantees specified in the Contract at its own cost and expense and tocarry out further performance tests in accordance with SCC 4,

or

(b) Pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees.The rate of these liquidated damages shall be 0.1 % of the contract price per day. The maximum amountof liquidated damages for the whole of the goods or part thereof shall be 5% of the contract price.

or

(c) Replacement of the whole unit at site including transportation, installation, testing & commissioning etc incase of major defect at his own cost.

GCC 15.4 & 15.5—the period for correction of defects in the warranty period is 72 hours.

9. Payment (GCC Clause 16)

GCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be asfollows:

Payment for Goods supplied:

Payment shall be made in Pak. Rupees in the following manner:

(i) Payment against Delivered Goods: Upon submission of claim, the supplier shall be paid within thirty(30) days of receipt of the Goods at site after performing the requisite inspection and tests as mentionedin SCC 4.

12. Prices (GCC Clause 17)

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GCC 17.1—Prices shall be: Fixed.

13. Liquidated Damages (GCC Clause 23)GCC 23.1—Applicable rate: 0.1 % of contract price per day Maximum deduction: 5 % of contract price

14. Resolution of Disputes (GCC Clause 28)

GCC 28.3—the dispute resolution mechanism to be applied pursuant to GCC Clause 28.2 shall be as follows:

In the case of a dispute between the Purchaser and the Supplier, the dispute shall be referred to adjudication orarbitration in accordance with the Pakistan Arbitration Act, 1940.

15. Governing Language (GCC Clause 29)

GCC 29.1—The Governing Language shall be: English.

16. Applicable Law (GCC Clause 30)

GCC 30.1-The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan whichincludes the following legislation:

The Employment of Children (ECA) Act 1991The Bonded Labour System (Abolition) Act of 1992The Factories Act 1934

17. Notices (GCC Clause 31)

GCC 31.1—Purchaser’s address for notice purposes – Office of MEDICAL SUPRINTENDENT THQ hospital,KALLAR SYEDAN,DISTRICT RWP, Government of Punjab.

—Supplier’s address for notice purposes:

B I D D I N G D O C U M E N T

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Framework Contract for Purchase/Supply ofLab Material & Blood bank items

For the year 2019-2020AT

THQ HOSPITAL KALLAR SYEDANDISTRICT RWP

CONTACT # 051-3570237TENDER # THQ/LAB/01

IPL NUMBER: IPL-7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

INSTRUCTIONS TO BIDDERS1. Sealed bids in conformity with bidding documents should reach in the office of the

Procurement Officer, not later than 10:00 am on 31.08.2019. Sealed Technical proposalsshall be opened on the same day i.e 31.08.2019 at 10:30 am in the presence of bidders ortheir representative having a valid authority letter from their respective organization.

2. The items are laid down in items list (Annex-A) along with specifications. 3. Proposal must contain bid Security in form of CDR/Demand Draft/Pay Order, as mentioned

in the TENDER NOTICE in favor of “Medical Superintendent” THQ Hospital KALLARSYEDAN.

4. The bids must be submitted as per given format of bid sheets (Annex-A). (Annex-B).5. Hand written bids shall not be entertained.

6. Bids which are incomplete, without signatures & stamp, unsealed, without bid security andlate by specified time shall not be considered.

7. Cash receipt of Tender Fee of Rs. 1,000/- in original of it indicating of having purchasedthe tender documents must be attached with the bid.

8. Organization must be registered with Federal Board of Revenue for Income Tax. Theregistration of Sale Tax may be relaxed.

9. The quoted diluent pack set, rapid test kits and devices (available in Annex-A) samplesmust be submitted along with the bids, reports of the technical scrutiny committee will befinal in this regard. Only technically qualified samples financials will be considered. The

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bidder must attach the brochure to confirm the specifications & certifications of theitems.

10. The validity of the contract will be till 30-06-2020, extendable for three (03) months.

11. The envelope must also clearly show the Bid title and bidder’s name and address.

12. Single stage-Two Envelopes bidding procedure shall be applied as per PPRA Rule No.38(2)(a), as follows: -

i. The bid shall be a single package consisting of two separate envelopes, containingseparately the financial and the technical proposals.

ii. The envelopes shall be marked as “FINANCIAL PROPOSAL AND TECHNICALPROPOSAL” separately in bold and legible letters.

iii. In the first instance, the “Technical Proposal” shall be opened and the envelopemarked as “Financial Proposal” shall be retained unopened in the custody of theprocuring agency.

iv. The procuring agency shall evaluate the technical proposal in the mannerprescribed in advance, without reference to the price and shall reject any proposalwhich does not conform the specified requirements.

v. Financial proposal of bids found technically non-responsive shall be returned un-opened to the respective bidders.

13. The purchaser reserves the right to purchase full or part of the items, or ignore/scarp anyitem or cancel the tender without assigning any reason.

14. If the successful bidders fail to make supply as per orders within the stipulated time / as perterms and conditions of the contract or they try to withdraw/amend/revise their offer withinthe validity period, the offer shall stand cancelled, the security deposit will be forfeited andthe relevant goods will be purchased at the risks and cost of the bidder.

15. All the tenderers shall submit an affidavit on judicial paper worth Rs. 100/- statingtherein thati.) The firm has not been blacklisted by any government body in past.ii.) The prices quoted against this tender are not more than the prices charged from any

other public entity/organization in the Punjab and in case of any discrepancy, thetenderer hereby undertakes to refund the prices charged in excess.

Note: - If this affidavit is not attached, the tender will not be accepted. (Very Important)

16. Tenders should be addressed to the Medical Superintendent THQ Hospital KALLARSYEDAN.

17. Bidders / firms should quote their final rates both in words & figures. 18. Bidders are requested to read each & every clause of bidding documents carefully including

instructions for bidder part.19. The hospital officials before award of the contract may seek clarifications and visit

offices/pharmacies mentioned by bidding organizations (if needed). 20. Under rule 21(1) of Punjab Procurement Rules 2014, hospital management may, for a

specified period, debar a bidder or contractor from participating in any public procurementprocess, if the bidder or contractor has:

(i) acted in a manner detrimental to the public interest or good practices. (ii) consistently failed to perform his obligation under the contract. (iii) not performed the contract up to the mark.(iv) indulged in any corrupt practice.

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21. Performance guarantee equaling 5% of the contract amount in shape of CDR/BankDraft/unconditional bank guarantee shall be submitted by successful contractor. Insuranceguarantees/cheques or third-party undertakings shall not be acceptable.

22. Successful bidder shall have to enter into contract where needed on standard terms &conditions of bidding regarding items, technical specifications, their costs, delivery time,warranty, inspection of qualitative and quantitative aspects, billing, payments, closing ofcontract and other necessary terms.

23. Schedule of requirement : 15 days from the date of issuance of purchase order withpenalty @ 0.5% per day of the purchase order amount after 15 day will be imposed.

24. The Prices must be quoted in Pak Rupees only inclusive of all relevant taxes FOR basisKALLAR SYEDAN.

25. In case of holiday or unforeseen situation resulting in closure of hospital on the date ofopening, bids shall be submitted/opened on next working day at the same time & venue.

26. All the pages of bids should be marked with page. No's.27. Substandard, broken seal & substituted bids will not be acceptable.28. Contract will be awarded to the lowest responsive evaluated bidder.29. No bidder shall be allowed to alter or modify his bid after the bid has been opened.

However, the procuring agency may seek and accept clarifications to the bid that do notchange the substance of the bid.

30. Under PPRA rules there shall be no negotiations allowed with the bidder.31. The authority may reject all bids or proposals at any time prior to the award of contract

without assigning any reason as provided under Rule-35 of Punjab Procurement Rules,2014 (Amended upto Jan 2016).

32. The procuring agency, at any stage of the procurement proceedings, may require thesuppliers or contractors to provide information concerning their professional, technical,financial, legal or managerial competence whether already prequalified or not.

33. Any offer not received as per terms & conditions of the tender enquiry shall be liable to beignored.

34. No offer shall be considered if: -i. It is submitted without bid security by firm in the name of Medical Superintendent

THQ Hospital KALLAR SYEDAN ii. It is submitted without Valid Manufacturing License/Import License/Letter of

Distributor/Sole Agent/Authorized Business Partneriii. The Tender/Tender Certificate is un-signed (Annex B). iv. It is received after the time & date fixed for its receipt.v. The offer is ambiguous.

vi. The offer is conditional.vii. The offer unsigned.

viii. It is not typed on the letter head.ix. The offer is from a firm blacklisted / suspended by the Government.x. The offer received is of shorter validity than required in the Tender enquiry.

xi. The offer is received through telegram/fax/email.xii. The offer is for stores not conforming to the specifications indicated in the Tender

enquiry.xiii. The offer is given by the firm black listed/suspended by the Government.xiv. Is received with a validity period shorter than that required in the tender inquiry.

35. In case of any dispute the decision of the Grievance Redressal Committee of THQ HospitalKALLAR SYEDAN, will be final.

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36. The bidders are advised to attach all required documents in same order as mentioned in thechecklist (Annex C & D).

37. The bidders must submit complete tender document each page dully signed & stampedalong with bid.

38. All bids submitted after the given time shall not be accepted and returned unopened.

39. Incomplete and/or conditional proposals and bids without having appropriate bid securityshall not be considered.

40. The successful bidder shall abide by all the conditions of the contract.41. No interest shall be payable by the department on the securities.42. Inspecting authority will be the officers / inspection committee nominated by Medical

Superintendent THQ Hospital KALLAR SYEDAN.

Annex-A

DILUENT PACK SET, RAPID TEST KITS AND DEVICES

Samples are required of these itemsSr no Name of article Quantity

1. Cover slip 200

2. GLASS SLIDES 100 packs

3. Syphilis device 150 device

4. HIV Device 200 device

5.CBC Reagent (sysmax 0r equivalent)

(diluent+lyse) stand by machine will beprovided by the successful bidder

DILUENT=24 LYSANT=12 CLEANER=12(FOR ABACUS - 380

DIATRON)6. CBC Vials 36,000

7. Gel Vials 8000

8. Combi-10 secreen urine (100 tests) 40

9. Serum Potassium kit (2x50ml) 01 KIT

10. HBs Ag Devices 3000

11. Anti HCV Devices 3000

12. MP Devices 200

13. Typhidot Devices 200

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14. Pregnancy Devices 2400 STRIPS

15. Yellow Tips 02 packs

16. Urine Container 1000

17. Serum Sodium kit (2x50ml) 01 kit

18. Blue tip 02 packs

19. Anti-human globin 01 set

20. Citrated vial tube 200

21. Albumine bovine 01 vial

22. Blood lancet 25 packs

23. Tooth pic 25 packs

24. Blood Group Set 25 set

25. Blood bag Jms with B.T set (500ml) 150 + IV-SETS

26. Blood bag Jms with B.T set (250ml) 50 + IV-SETS

27. Saniplast or equivalent 10 packs

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LAB TESTING KITS

Sr no Name of Item Estimated kits

1. Blood Sugar kit 02 KITS (1000ml)

2. Blood Urea kit (BERTHELOT method) 01

3. Serum Creatinine kit 01

4. Serum Uric Acid kit 01

5. Serum Bilirubin kit 01

6. Serum ALT kit 02

7. Serum alkaline kit 01

8. Tri glycerides kit 01

9. Blood cholesterol kit 02

Annex- C

FOR ANNEX A ITEMS

TECHNICAL BID FORMAT FINANCIAL BID FORMAT

Sr. No. Item No.BrandName

Specifications/Packing

Rate PerPack

Rate PerPiece/Kit/ML

1.Cover slip

2.GLASS SLIDES

3.Syphilis device

4. HIV Device

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5.

CBC Reagent (sysmex0r equivalent)

(diluent+lyse) stand bymachine will beprovided by the

successful bidder6.

CBC Vials

7. Combi-10 secreenurine (100 tests)

8.HBs Ag Devices

9.Anti HCV Devices

10.MP Devices

11.Widal Kit TO TH

12.Pregnancy Devices

13.Yellow Tips

14.Urine Container

15.Blue tip

16.Anti human globin

17. Sodium Citrated vialtube

18.Albumine bovine

19.Blood lancet

20. Blood grouping setABO

21.Glucose Kit

22.ESR

23.Blood CBC ControlMaterial (Normal &

abnormal)24.

Blood Collection Bag

25. Chlorine Solution

26Sysmex machine Printer Roll

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Annex-D

TECHNICAL BID FORMAT FINANCIAL BID FORMAT

Sr.No.

Item Name Brand NameSpecifications/

PackingRate Per Pack Rate Per ML

1.Blood Sugar kit

2.Blood Urea kit UV Method

3.Serum Creatinine kit

4.Serum Uric Acid kit

5.Serum Bilirubin kit

6.Serum ALT kit

7.Serum alkaline kit

8.Tri glycerides kit

9.Blood cholesterol kit

FOR ANNEX B ITEMS

Annex-E

Documents Checklist

Sr. No. Detail/Name of Document Yes No

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1. Bid Security in shape P.O/DD/CDR

2. Attested Photocopy of CNIC of Owners/Directors/Partners

3.Affidavit of Non-blacklisting & Pricing at stamp paper worthMinimum Rs. 100/- as mentioned in clause 16 of this document.

4. Company Profile all staff including their qualification

5.Valid Manufacturing License/Import License/Letter ofDistributor/Sole Agent/Authorized Business Partner

6. National Tax Number Certificate

7. Certificate singed by the concerned firm

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CERTIFICATE (TO BE SIGNED BY THE CONCERNED FIRM)

We hereby confirm to have read carefully the whole tender document including all the terms &conditions laid in. Further through signing this tender, we accept all the above-mentioned terms andconditions unconditionally.

We also hereby categorically confirm that the Items offered by us are exactly to the same particularsand specifications as per laid down in the tender enquiry in all respect.

We accept that if the required bid security is not furnished or our offer is found lacking in any of therequirement of Tender Advertisement/Document, it shall be ignored & our offer/bid shall standcancelled.

SIGNATURE & STAMP

NAME

DESIGNATION

FIRM NAME & ADDRESS

CONTRACT FORM

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THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [brief description of goods andservices] and has accepted a bid by the Supplier for the supply of those goods and services in the sum of [contractprice in words and figures] (hereinafter called “the Contract Price”).NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them inthe Conditions of Contract referred to.2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:(a) Price Schedule submitted by the Bidder;(b) the Schedule of Requirements;(c) the Technical Specifications;(d) the Purchaser’s Notification of Award.3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, theSupplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein inconformity in all respects with the provisions of the Contract4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods andservices and the remedying of defects therein, the Contract Price or such other sum as may become payable under theprovisions of the contract at the times and in the manner prescribed by the contract.

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

Signed, sealed, delivered by the (for the Purchaser)

Signed, sealed, delivered by the (for the Supplier)

B I D D I N G D O C U M E N T

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Framework Contract for PRINTING MATERIAL

For the year 2018-19 AT

THQ HOSPITAL KALLAR SYEDANDISTRICT RWP

CONTACT # 0304-0925180TENDER # THQ/PRN/01

IPL NUMBER: IPL-7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

Section IINSTRUCTION TO BIDDERS

INTRODUCTION1. Source of

Funds1.1 The Procuring Agency named in the Bid Data Sheet has received budget from

the Government of Punjab. The Procuring Agency intends to apply a portionof the proceeds of this budget to eligible payments under the contract for

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which this Invitation for Bids is issued.

2. Eligible Bidders

2.1 This Invitation for Bids is open to all suppliers, except as provided hereinafter.2.2 Bidders should not be associated, or have been associated in thewith a firm or any of its affiliates which have been engaged by the Procuring Agency

to provide consulting services for the preparation of the design, specifications,and other documents to be used for the procurement of the goods to bepurchased under this Invitation for Bids.

2.3 Government-owned enterprises may participate only if they are legally andfinancially autonomous, if they operate under commercial law, and if they arenot a dependent agency of the Government.

2.4 Bidders shall not be under a declaration of blacklisting by any Governmentdepartment or Punjab Procurement Regulatory Authority (PPRA).

3. Eligible Goods and Services

3.1 All goods and related services to be supplied under the contract shall havetheir origin in eligible source countries, defined in the Bid Data Sheet (BDS),and all expenditures made under the contract will be limited to such goods andservices.

3.2 For purposes of this clause, “origin” means the place where the goods aremined, grown, or produced, or the place from which the related services aresupplied. Goods are produced when, through manufacturing, processing, orsubstantial and major assembly of components, a commercially-recognizedproduct results that is substantially different in basic characteristics or inpurpose or utility from its components.

3.3 The origin of goods and services is distinct from the nationality of the Bidder.

4. Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and submissionof its bid, and the Procuring Agency named in the Bid Data Sheet, hereinafterreferred to as “the Purchaser,” will in no case be responsible or liable for thosecosts, regardless of the conduct or outcome of the bidding process.

BIDDING DOCUMENTS

5. Content of Bidding Documents

5.1 The goods required, bidding procedures, and contract terms are prescribed inthe bidding documents. In addition to the Invitation for Bids, the biddingdocuments include:

(a) Instructions to Bidders (ITB)(b) Schedule of Requirements(c) Technical Specifications(d) Price Schedules (e) Contract Form(f) General Conditions of Contract (GCC)(g) Special Conditions of Contract (SCC)

5.2 The Bidder is expected to examine all instructions, forms, terms, andspecifications in the bidding documents. Failure to furnish all informationrequired by the bidding documents or to submit a bid not substantiallyresponsive to the bidding documents in every respect will be at the Bidder’srisk and may result in the rejection of its bid.

6. Clarification ofBidding Documents

6.1 A prospective Bidder requiring any clarification of the bidding documentsmay notify the Purchaser in writing or by email at the Purchaser’s addressindicated in ITB Clause 19.1. The Purchaser will respond in writing to anyrequest for clarification of the bidding documents which it receives no laterthan three (3) days prior to the deadline for the submission of bids prescribedin the Bid Data Sheet. Written copies of the Purchaser’s response (includingan explanation of the query but without identifying the source of inquiry) willbe sent to all prospective bidders that have received the bidding documents.

7. Amendment ofBidding Documents

7.1 At any time prior to the deadline for submission of bids, the Purchaser, for anyreason, whether at its own initiative or in response to a clarification requestedby a prospective Bidder, may modify the bidding documents by amendment.

7.2 All prospective bidders that have received the bidding documents will benotified of the amendment in writing or by email, and will be bidding onthem.

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7.3 In order to allow prospective bidders reasonable time in which to take theamendment into account in preparing their bids, the Purchaser, at itsdiscretion, may extend the deadline for the submission of bids.

PREPARATION OF BIDS8. Language of

Bid8.1 The bid prepared by the Bidder, as well as all correspondence and documents

relating to the bid exchanged by the Bidder and the Purchaser shall be writtenin the language specified in the Bid Data Sheet. Supporting documents andprinted literature furnished by the Bidder may be in same language.

9. Documents Comprising the Bid

9.1 The bid prepared by the Bidder shall comprise the following components:(a) a Bid Form and a Price Schedule completed in accordance with ITB

Clauses 10, 11, and 12;(b) documentary evidence established in accordance with ITB Clause 13

that the Bidder is eligible to bid and is qualified to perform the contractif its bid is accepted;

(c) documentary evidence established in accordance with ITB Clause 14that the goods and ancillary services to be supplied by the Bidder areeligible goods and services and conform to the bidding documents; and

(d) bid security furnished in accordance with ITB Clause 15.

10. Bid Form 10.1 The Bidder shall complete the Bid Form and the appropriate Price Schedulefurnished in the bidding documents, indicating the goods to be supplied, abrief description of the goods, and their country of origin, quantity, and prices.

11. Bid Prices 11.1 The Bidder shall indicate on the appropriate Price Schedule the unit prices(where applicable) and total bid price of the goods it proposes to supply underthe contract.

11.2 Prices indicated on the Price Schedule shall be delivered duty paid (DDP)prices.

11.3 The Bidder’s separation of price components in accordance with ITB Clause11.2 above will be solely for the purpose of facilitating the comparison of bidsby the Purchaser and will not in any way limit the Purchaser’s right tocontract on any of the terms offered.

11.4 Prices quoted by the Bidder shall be fixed during the Bidder’s performance ofthe contract and not subject to variation on any account, unless otherwisespecified in the Bid Data Sheet. A bid submitted with an adjustable pricequotation will be treated as nonresponsive and will be rejected, pursuant toITB Clause 24.

12. Bid Currencies 12.1 Prices shall be quoted in Pak Rupees unless otherwise specified in the BidData Sheet.

13. Documents Establishing Bidder’s Eligibility and Qualification

13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the Bidder’s eligibility to bid and its qualifications toperform the contract if its bid is accepted.

13.2 The documentary evidence of the Bidder’s eligibility to bid shall establish tothe Purchaser’s satisfaction that the Bidder, at the time of submission of itsbid, is eligible as defined under ITB Clause 2.

13.3 The documentary evidence of the Bidder’s qualifications to perform thecontract if its bid is accepted shall establish to the Purchaser’s satisfaction:

(a) that, in the case of a Bidder offering to supply goods under the contractwhich the Bidder did not manufacture or otherwise produce, the Bidderhas been duly authorized by the goods’ Manufacturer or producer tosupply the goods in Pakistan;

(b) that the Bidder has the financial, technical, and production capabilitynecessary to perform the contract;

(c) that, in the case of a Bidder not doing business within Pakistan, theBidder is or will be (if awarded the contract) represented by an Agentin that country equipped, and able to carry out the Supplier’s

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maintenance, repair, and spare parts-stocking obligations prescribed inthe Conditions of Contract and/or Technical Specifications; and

(d) That the Bidder meets the qualification criteria listed in the Bid DataSheet.

14. Documents Establishing Goods’ Eligibility and Conformity to Bidding Documents

14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the eligibility and conformity to the biddingdocuments of all goods and services which the Bidder proposes to supplyunder the contract.

14.2 The documentary evidence of the eligibility of the goods and services shallconsist of a statement in the Price Schedule of the country of origin of thegoods and services offered which shall be confirmed by a certificate of originissued at the time of shipment.

14.3 The documentary evidence of conformity of the goods and services to thebidding documents may be in the form of literature, drawings, and data, andshall consist of:

(a) a detailed description of the essential technical and performancecharacteristics of the goods;

(b) a list giving full particulars, including available sources and currentprices of spare parts, special tools, etc., necessary for the proper andcontinuing functioning of the goods for a period to be specified in theBid Data Sheet, following commencement of the use of the goods bythe Purchaser; and

(c) an item-by-item commentary on the Purchaser’s TechnicalSpecifications demonstrating substantial responsiveness of the goodsand services to those specifications, or a statement of deviations andexceptions to the provisions of the Technical Specifications.

14.4 For purposes of the commentary to be furnished pursuant to ITB Clause14.3(c) above, the Bidder shall note that standards for workmanship, material,and equipment, as well as references to brand names or catalogue numbersdesignated by the Purchaser in its Technical Specifications, are intended to bedescriptive only and not restrictive. The Bidder may substitute alternativestandards, brand names, and/or catalogue numbers in its bid, provided that itdemonstrates to the Purchaser’s satisfaction that the substitutions ensuresubstantial equivalence to those designated in the Technical Specifications.

15. Bid Security 15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bidsecurity in the amount specified in the Bid Data Sheet.

15.2 The bid security is required to protect the Purchaser against the risk ofBidder’s conduct which would warrant the security’s forfeiture, pursuant toITB Clause 15.7.

15.3 The bid security shall be in Pak. Rupees and shall be in one of the followingforms:(c) Bank call-deposit (CDR), Demand Draft (DD), Pay Order (PO) or

Banker’s cheque valid for thirty (30) days beyond the validity of bid.15.4 Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be

rejected by the Purchaser as nonresponsive, pursuant to ITB Clause 24.15.5 Unsuccessful bidders’ bid security will be discharged or returned as promptly

as possible but not later than thirty (30) days after the expiration of the periodof bid validity prescribed by the Purchaser pursuant to ITB Clause 16.

15.6 The successful Bidder’s bid security will be discharged upon the Biddersigning the contract, pursuant to ITB Clause 31, and furnishing theperformance security, pursuant to ITB Clause 32.

15.7 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specified

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by the Bidder on the Bid Form; or(b) in the case of a successful Bidder, if the Bidder fails:

(i) to sign the contract in accordance with ITB Clause 31; or(ii) to furnish performance security in accordance with ITB Clause

32.

16. Period of Validity of Bids

16.1 Bids shall remain valid for the period specified in the Bid Data Sheet after thedate of bid opening prescribed by the Purchaser, pursuant to ITB Clause 19.A bid valid for a shorter period shall be rejected by the Purchaser asnonresponsive.

16.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consentto an extension of the period of validity. The request and the responsesthereto shall be made in writing (or by email). The bid security providedunder ITB Clause 15 shall also be suitably extended. A Bidder may refuse therequest without forfeiting its bid security. A Bidder granting the request willnot be required nor permitted to modify its bid, except as provided in ITBClause 16.3.

16.3 In the case of fixed price contracts, if the award is delayed by a periodexceeding sixty (60) days beyond the expiry of the initial bid validity, thecontract price will be adjusted by a factor specified in the request forextension.

17. Format and Signing of Bid

17.1 The Bidder shall prepare an original and the number of copies of the bidindicated in the Bid Data Sheet, clearly marking each “ORIGINAL BID” and“COPY OF BID,” as appropriate. In the event of any discrepancy betweenthem, the original shall govern.

17.2 The original and the copy or copies of the bid shall be typed or written inindelible ink and shall be signed by the Bidder or a person or persons dulyauthorized to bind the Bidder to the contract. All pages of the bid, except forunamended printed literature, shall be initialed by the person or personssigning the bid.

17.3 Any interlineation, erasures, or overwriting shall be valid only if they areinitialed by the person or persons signing the bid.

17.4 The Bidder shall furnish information as described in the Form of Bid oncommissions or gratuities, if any, paid or to be paid to agents relating to thisBid, and to contract execution if the Bidder is awarded the contract.

SUBMISSION OF BIDS18. Sealing and

Marking of Bids

18.1 The Bidder shall seal the original envelopes 18.2 The inner and outer envelopes shall:

(a) be addressed to the Purchaser at the address given in the Bid DataSheet; and

(b) bear the title of procurement Activity indicated in the Bid Data Sheet,the Invitation for Bids (IFB) title and number indicated in the Bid DataSheet, and a statement: “DO NOT OPEN BEFORE,” to be completedwith the time and the date specified in the tender notice.

18.3 The inner envelopes shall also indicate the name and address of the Bidder toenable the bid to be returned unopened in case it is declared “late”.

18.4 If the outer envelope is not sealed and marked the Purchaser will assume noresponsibility for the bid’s misplacement or premature opening.

19. Deadline for Submission of Bids

19.1 Bids must be received by the Purchaser at the address specified as in TenderNotice not later than the time and date specified in the Tender notice.

19.2 The Purchaser may, at its discretion, extend this deadline for the submissionof bids by amending the bidding documents in accordance with ITB Clause 7,in which case all rights and obligations of the Purchaser and bidderspreviously subject to the deadline will thereafter be subject to the deadline as

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extended.

20. Late Bids 20.1 Any bid received by the Purchaser after the deadline for submission of bidsprescribed by the Purchaser pursuant to ITB Clause 19 will be rejected andreturned unopened to the Bidder.

21. Modification and Withdrawal of Bids

21.1 The Bidder may modify or withdraw its bid after the bid’s submission,provided that written notice of the modification, including substitution orwithdrawal of the bids, is received by the Purchaser prior to the deadlineprescribed for submission of bids.

21.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed,marked, and dispatched in accordance with the provisions of ITB Clause 18.A withdrawal notice may also be sent by email, but followed by a signedconfirmation copy, postmarked not later than the deadline for submission ofbids.

21.3 No bid may be modified after the deadline for submission of bids.21.4 No bid may be withdrawn in the interval between the deadline for submission

of bids and the expiration of the period of bid validity specified by the Bidderon the Bid Form. Withdrawal of a bid during this interval may result in theBidder’s forfeiture of its bid security, pursuant to the ITB Clause 15.7.

OPENING AND EVALUATION OF BIDS

22. Opening of Bids by the Purchaser

22.1 The Purchaser will open all bids in the presence of bidders’ representativeswho choose to attend, at the time, on the date, and at the place specified in theBid Data Sheet. The bidders’ representatives who are present shall sign anattendance sheet evidencing their presence.

22.2 The bidders’ names, bid modifications or withdrawals, bid prices, discounts,and the presence or absence of requisite bid security and such other details asthe Purchaser, at its discretion, may consider appropriate, will be announced atthe opening. No bid shall be rejected at bid opening, except for late bids,which shall be returned unopened to the Bidder pursuant to ITB Clause 20.

22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are not openedand read out at bid opening shall not be considered further for evaluation,irrespective of the circumstances. Withdrawn bids will be returned unopenedto the bidders.

22.4 The Purchaser will prepare minutes of the bid opening.

23. Clarification ofBids

23.1 During evaluation of the bids, the Purchaser may, at its discretion, ask theBidder for a clarification of its bid. The request for clarification and theresponse shall be in writing, and no change in the prices or substance of thebid shall be sought, offered, or permitted.

24. Preliminary Examination

24.1 The Purchaser will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required suretieshave been furnished, whether the documents have been properly signed, andwhether the bids are generally in order.

24.2 Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and thetotal price shall be corrected. If the Supplier does not accept the correction ofthe errors, its bid will be rejected, and its bid security may be forfeited. Ifthere is a discrepancy between words and figures, the amount in words willprevail.

24.3 The Purchaser may waive any minor informality, nonconformity, orirregularity in a bid which does not constitute a material deviation, providedsuch waiver does not prejudice or affect the relative ranking of any Bidder.

24.4 Prior to the detailed evaluation, pursuant to ITB Clause 25 the Purchaser willdetermine the substantial responsiveness of each bid to the biddingdocuments. For purposes of these Clauses, a substantially responsive bid isone which conforms to all the terms and conditions of the bidding documentswithout material deviations. Deviations from, or objections or reservations to

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critical provisions, such as those concerning Bid Security (ITB Clause 15),Applicable Law (GCC Clause 30), and Taxes and Duties (GCC Clause 32),will be deemed to be a material deviation. The Purchaser’s determination of abid’s responsiveness is to be based on the contents of the bid itself withoutrecourse to extrinsic evidence.

24.5 If a bid is not substantially responsive, it will be rejected by the Purchaser andmay not subsequently be made responsive by the Bidder by correction of thenonconformity.

25. Qualification & Evaluation of Bids

25.1 In the absence of prequalification, the Purchaser will determine to itssatisfaction whether the Bidder is qualified to perform the contractsatisfactorily, in accordance with the criteria.

25.2 The determination will take into account the Bidder’s financial, technical, andproduction capabilities. It will be based upon an examination of thedocumentary evidence of the Bidder’s qualifications submitted by the Bidder,pursuant to ITB Clause 13.3, as well as such other information as thePurchaser deems necessary and appropriate.

25.3 The Purchaser will technically evaluate and compare the bids which havebeen determined to be substantially responsive, pursuant to ITB Clause 24, asper Technical Specifications required.

25.4 The Purchaser’s financial evaluation of a bid will be on delivered duty paid(DDP) price inclusive of prevailing taxes and duties.

26. Contacting the Purchaser

26.1 Subject to ITB Clause 23, no Bidder shall contact the Purchaser on any matterrelating to its bid, from the time of the bid opening to the time evaluationreport is made public i.e. 10 days before the contract is awarded. If the Bidderwishes to bring additional information or has grievance to the notice of thePurchaser, it should do so in writing.

26.2 Any effort by a Bidder to influence the Purchaser during bid evaluation, or bidcomparison may result in the rejection of the Bidder’s bid.

AWARD OF CONTRACT

27. Award Criteria 27.1 Subject to ITB Clause 30, the Purchaser will award the contract to thesuccessful Bidder whose bid has been determined to be substantiallyresponsive and has been determined to be the lowest evaluated bid, providedfurther that the Bidder is determined to be qualified to perform the contractsatisfactorily.

28. Purchaser’s Right to Vary Quantities at Time of Award

28.1 The Purchaser reserves the right at the time of contract award to increase ordecrease, by the percentage indicated in the Bid Data Sheet, the quantity ofgoods and services originally specified in the Schedule of Requirementswithout any change in unit price or other terms and conditions.

29. Purchaser’s Right to Accept or Reject All Bids

29.1 The Purchaser reserves the right to accept or reject all bids, and to annul thebidding process at any time prior to contract award, without thereby incurringany liability to the Bidder or bidders or any obligation to inform the Bidder orbidders of the grounds for the Purchaser’s action.

30. Notification of Award

30.1 Prior to the expiration of the period of bid validity, the Purchaser will notifythe successful Bidder in writing by registered letter or by email, to beconfirmed in writing by registered letter, that its bid has been accepted.

30.2 The notification of award will constitute the formation of the Contract.30.3 Upon the successful Bidder’s furnishing of the performance security pursuant

to ITB Clause 33, the Purchaser will promptly notify each unsuccessfulBidder and will discharge its bid security, pursuant to ITB Clause 15.

31. Signing of 31.1 At the same time as the Purchaser notifies the successful Bidder that its bid

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Contract has been accepted, the Purchaser will send the Bidder the Contract Formprovided in the bidding documents, incorporating all agreements between theparties.

31.2 Within seven (07) days of receipt of the Contract Form, the successful Biddershall sign and date the contract and return it to the Purchaser.

32 Performance Security

32.1 Within fourteen (14) days of the receipt of notification of award from thePurchaser, the successful Bidder shall furnish the performance security 5%of the contract amount.

32.2 Failure of the successful Bidder to comply with the requirement of ITBClause 32 or ITB Clause 33.1 shall constitute sufficient grounds for theannulment of the award and forfeiture of the bid security, in which event thePurchaser may make the award to the next lowest evaluated Bidder or call fornew bids.

33. Corrupt or Fraudulent Practices

33.1 The Procuring Agency requires that Bidders, Suppliers, and Contractorsobserve the highest standard of ethics during the procurement and executionof contracts. For the purposes of this provision, the terms set forth below aredefined as follows:

(iv) “corrupt practice” means the offering, giving, receiving or soliciting anything ofvalue to influence the action of a public official in theprocurement process or in contract execution; and

(v) “fraudulent practice” means a misrepresentation of facts in order to influence aprocurement process or the execution of a contract to thedetriment of the Procuring Agency,

(vi) “collusive practice” is an arrangement among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial, non-competitive levels for any wrongful gains, and to deprive theProcuring Agency of the benefits of free and open competition;

(b) The Procuring Agency will reject a proposal for award ifit determines that the Bidder recommended for award has engagedin corrupt or fraudulent practices in competing for the contract inquestion;

(c) The Procuring Agency will sanction a firm, in accordancewith prevailing Blacklisting procedures under Punjab ProcurementRules 2014, if it at any time determines that the firm has engagedin corrupt or fraudulent practices in competing for, or in executing,a Bank-financed contract.

33.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 5.4and sub-clause 24.1 of the General Conditions of Contract.

Section II. Bid Data Sheet

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

IntroductionITB 1 Name of Procuring Agency: THQ hospital, KALLAR SYEDAN,DISTRICT RWP,

Government of the Punjab

ITB 2 Name of Procurement: Frame work Contract for PRINTING MATERIALS

ITB 3 Name of Purchaser: Procuring Agency THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 4 For clarification purposes, the Employer’s address is:THQ hospital, KALLAR SYEDAN,DISTRICT RWP.

ITB 5 Language of the bid – English

Bid Price and CurrencyITB 6 The price quoted shall be Delivered Duty Paid at the following locations in

accordance with the Schedule of Requirements including the delivery charges:THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 7 The price shall be in Pak Rupees and shall be fixed.

Preparation and Submission of Bids

ITB 8

c. Certificate of Incorporation of bidder’s firm showing its location and the date of registration etc.

d. NTN Registration Certificate

ITB 9 Amount of Bid Security:

Package Item Bid Security

1Frame work Contract for PRINTINGMATERIALS

2 % of the estimatedcost

Bids shall be in the prescribed format, sealed and accompanied by the BidSecurity in the form of Call Deposit, Bank Draft, or Pay Order in favor of medicalsuperintendent THQ hospital, KALLAR SYEDAN,DISTRICT RWP, having itsvalidity 90 days from the date of opening of bid.

ITB 10 Bid Validity Period: 90 days after the date of opening of bid.

ITB 11 Number of Copies: Original along with one Copy of the bid. Bids must beaccompanied by unit price and total price.

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ITB 12 Address for Bid Submission:THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 13 Deadline for Bid Submission: 31 AUG 2019 10:00 a.m

ITB 14 Time, Date, and Place for Bid Opening: On 31 AUG 2019 at 10:30 a.m. at THQ hospital, KALLARSYEDAN,DISTRICT RWP

Bid EvaluationITB 15 Criteria for bid evaluation: Lowest Delivered Duty Paid (DDP) Total Price offered

by the qualified responsive bidder.

Contract AwardITB 16 Percentage for quantity increase or decrease:

15 % of total contract value

6. Section III.

7. Schedule of RequirementsThe delivery schedule expressed as weeks stipulates hereafter a delivery date which is the date of delivery required.

TABLE 1 DELIVERY SCHEDULE

Location ItemDelivery Period from the date ofNotification of Award/supply order

THQ hospital,KALLAR

SYEDAN,DISTRICTRWP

Frame work Contract for PRINTINGMATERIALS

Supply order will be issued as perneed and delivery period is 15 days.

Location ItemPENALTY from the date of supply

order

THQ hospital,KALLAR

SYEDAN,DISTRICTRWP

Frame work Contract for PRINTINGMATERIALS

@ 0.5% per day of the purchaseorder amount after 15 day will be

imposed

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Section IV Technical Specifications

CRITERIA FOR TECHNICAL EVALUATION OF THE TENDER

Knock out criteria will be adopted.

Documents Checklist

Sr. No. Detail/Name of Document Yes No

8. Bid Security in shape P.O/DD/CDR

9. Attested Photocopy of CNIC of Owners/Directors/Partners

10.Affidavit of Non-blacklisting at stamp paper worth Minimum Rs.100/-

11. Company Profile all staff including their qualification

12. National Tax Number Certificate

13. Bank statement of last 2 years up to Dec 2017.

Section VPRICE SCHEDULE

Srno

Item Namespecificatio

nTentativequantity

Priceoffered

perunit

1.Flex single sided plain Per square foot

2. Register (A4 SIZE) (100 pages per register) Nos 1000

3. Register (legal SIZE) (100 pages per register) Nos 500

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4. Pads (A4 SIZE) (100 pages per pad) Nos 2000

5. OPD Pads (legal SIZE) (100 pages per pad)

Nos 1000

6. Register double sided (A4 SIZE) (100 pages per register)

Nos 200

7. Register double sided (legal SIZE) (100 pages per register)

Nos 100

8. Antenatal Cards (AS PER SAMPLE) Nos 5000

9. OPD Registers Nos 100

10.EMERGENCY CARDS (AS PER SAMPLE) Nos 1000

11.RECIEPT BOOKS (AS PER SAMPLE) Nos 1000

Section VI. Contract Forms

1.

2. 1. Contract Form

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:

WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [brief description of goods andservices] and has accepted a bid by the Supplier for the supply of those goods and services in the sum of [contractprice in words and figures] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, theSupplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein inconformity in all respects with the provisions of the Contract

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods andservices and the remedying of defects therein, the Contract Price or such other sum as may become payable under theprovisions of the contract at the times and in the manner prescribed by the contract.

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

Signed, sealed, delivered by the (for the Purchaser)

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Signed, sealed, delivered by the (for the Supplier)

Section VII. General Conditions of Contract

1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between thePurchaser and the Supplier, as recorded in the Contract Form signed bythe parties, including all attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.

(c) “The Goods” means all of the equipment, machinery, and/or othermaterials which the Supplier is required to supply to the Purchaserunder the Contract.

(d) “The Services” means those services ancillary to the supply of theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision of technicalassistance, training, and other such obligations of the Supplier coveredunder the Contract.

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

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

(g) “The Purchaser” means the organization purchasing the Goods, asnamed in SCC.

(h) “The Purchaser’s country” is Islamic Republic of Pakistan.

(i) “The Supplier” means the individual or firm supplying the Goods andServices under this Contract.

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

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in SCC.

(k) “Day” means calendar day.2. Application 2.1 These General Conditions shall apply to the extent that they are not

superseded by provisions of other parts of the Contract.

3. Country of Origin

3.2 For purposes of this Clause, “origin” means the place where the Goods weremined, grown, or produced, or from which the Services are supplied. Goodsare produced when, through manufacturing, processing, or substantial andmajor assembly of components, a commercially recognized new productresults that is substantially different in basic characteristics or in purpose orutility from its components.

3.3 The origin of Goods and Services is distinct from the nationality of theSupplier.

4. Standards 4.1 The Goods supplied under this Contract shall conform to the standardsmentioned in the Technical Specifications, and, when no applicable standardis mentioned, to the authoritative standards appropriate to the Goods’ countryof origin. Such standards shall be the latest issued by the concernedinstitution.

5. Use of Contract Documents and Information; Inspection and Audit by the Bank

5.1 The Supplier shall not, without the Purchaser’s prior written consent, disclosethe Contract, or any provision thereof, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalf of the Purchaser inconnection therewith, to any person other than a person employed by theSupplier in the performance of the Contract. Disclosure to any such employedperson shall be made in confidence and shall extend only so far as may benecessary for purposes of such performance.

5.2 The Supplier shall not, without the Purchaser’s prior written consent, makeuse of any document or information enumerated in GCC Clause 5.1 except forpurposes of performing the Contract.

5.3 Any document, other than the Contract itself, enumerated in GCC Clause 5.1shall remain the property of the Purchaser and shall be returned (all copies) tothe Purchaser on completion of the Supplier’s performance under the Contractif so required by the Purchaser.

5.4 The Supplier shall permit the Procuring Agency to inspect the Supplier’saccounts and records relating to the performance of the Supplier and to havethem audited by auditors appointed by the Procuring Agency, if so required bythe Procuring Agency.

6. Patent Rights 6.1 The Supplier shall indemnify the Purchaser against all third-party claims ofinfringement of patent, trademark, or industrial design rights arising from useof the Goods or any part thereof.

7. Performance Security

7.1 Within ten (10) days of receipt of the notification of Contract award, thesuccessful Bidder shall furnish to the Purchaser the performance security inthe amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the Purchaser ascompensation for any loss resulting from the Supplier’s failure to complete itsobligations under the Contract.

7.3 The performance security shall be denominated in the currency of theContract acceptable to the Purchaser and shall be in one of the followingforms:

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(a) a bank guarantee or an irrevocable letter of credit issued by a reputablebank located in Pakistan, in the form provided in the biddingdocuments or another form acceptable to the Purchaser; or

(b) a cashier’s or certified check.

7.4 The performance security will be discharged by the Purchaser and returned tothe Supplier not later than thirty (30) days following the date of completion ofthe Supplier’s performance obligations under the Contract, including anywarranty obligations, unless specified otherwise in SCC.

8. Inspections and Tests

8.1 The Purchaser or its representative shall have the right to inspect and/or to testthe Goods to confirm their conformity to the Contract specifications at noextra cost to the Purchaser. SCC and the Technical Specifications shallspecify what inspections and tests the Purchaser requires and where they areto be conducted. The Purchaser shall notify the Supplier in writing, in atimely manner, of the identity of any representatives retained for thesepurposes.

8.2 The inspections and tests may be conducted on the premises of the Supplier orits subcontractor(s), at point of delivery, and/or at the Goods’ final destination.If conducted on the premises of the Supplier or its subcontractor(s), allreasonable facilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at no charge to thePurchaser.

8.3 Should any inspected or tested Goods fail to conform to the Specifications, thePurchaser may reject the Goods, and the Supplier shall either replace therejected Goods or make alterations necessary to meet specificationrequirements free of cost to the Purchaser.

8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goodsafter the Goods’ arrival in Pakistan shall in no way be limited or waived byreason of the Goods having previously been inspected, tested, and passed bythe Purchaser or its representative prior to the Goods’ shipment from thecountry of origin.

8.5 Nothing in GCC Clause 8 shall in any way release the Supplier from anywarranty or other obligations under this Contract.

9. Packing 9.1 The Supplier shall provide such packing of the Goods as is required to preventtheir damage or deterioration during transit to their final destination, asindicated in the Contract. The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extremetemperatures, salt and precipitation during transit, and open storage. Packingcase size and weights shall take into consideration, where appropriate, theremoteness of the Goods’ final destination and the absence of heavy handlingfacilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packagesshall comply strictly with such special requirements as shall be expresslyprovided for in the Contract, including additional requirements, if any,specified in SCC, and in any subsequent instructions ordered by the Purchaser.

10. Delivery and Documents

10.1 Delivery of the Goods shall be made by the Supplier in accordance with theterms specified in the Schedule of Requirements. The details of shippingand/or other documents to be furnished by the Supplier are specified in SCC.

10.2 Documents to be submitted by the Supplier are specified in SCC.

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11. Insurance 11.1 The Goods supplied under the Contract shall be delivered duty paid (DDP)under which risk is transferred to the buyer after having been delivered; henceinsurance coverage is seller’s responsibility.

12. Transportation 12.1 The Supplier is required under the Contact to transport the Goods to aspecified place of destination within the Purchaser’s country, transport to suchplace of destination in the Purchaser’s country, including insurance andstorage, as shall be specified in the Contract, shall be arranged by theSupplier, and related costs shall be included in the Contract Price.

13. Incidental Services

13.1 The Supplier may be required to provide any or all of the following services,including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or start-up of thesupplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of thesupplied Goods;

(c) furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of thesupplied Goods, for a period of time agreed by the parties, providedthat this service shall not relieve the Supplier of any warrantyobligations under this Contract; and

(e) Training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of thesupplied Goods.

13.2 Prices charged by the Supplier for incidental services, if not included in theContract Price for the Goods, shall be agreed upon in advance by the partiesand shall not exceed the prevailing rates charged for other parties by theSupplier for similar services.

14. Spare Parts 14.1 As specified in SCC, the Supplier may be required to provide any or all of thefollowing materials, notifications, and information pertaining to spare partsmanufactured or distributed by the Supplier:

(a) such spare parts as the Purchaser may elect to purchase from theSupplier, provided that this election shall not relieve the Supplier of anywarranty obligations under the Contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the Purchaser of the pending termination,in sufficient time to permit the Purchaser to procure neededrequirements; and

(ii) Following such termination, furnishing at no cost to thePurchaser, the blueprints, drawings, and specifications of thespare parts, if requested.

15. Warranty 15.1 The Supplier warrants that the Goods supplied under the Contract are new,unused, of the most recent or current models and those they incorporate allrecent improvements in design and materials unless provided otherwise in theContract. The Supplier further warrants that all Goods supplied under thisContract shall have no defect, arising from design, materials, or workmanship(except when the design and/or material is required by the Purchaser’sspecifications) or from any act or omission of the Supplier, that may develop

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under normal use of the supplied Goods in the conditions prevailing in thecountry of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the Goods, orany portion thereof as the case may be, have been delivered to and accepted atthe final destination indicated in the Contract, or for eighteen (18) monthsafter the date of shipment from the port or place of loading in the sourcecountry, whichever period concludes earlier, unless specified otherwise inSCC.

15.3 The Purchaser shall promptly notify the Supplier in writing of any claimsarising under this warranty.

15.4 Upon receipt of such notice, the Supplier shall, within the period specified inSCC and with all reasonable speed, repair or replace the defective Goods orparts thereof, without costs to the Purchaser.

15.5 If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in SCC, within a reasonable period, the Purchaser mayproceed to take such remedial action as may be necessary, at the Supplier’srisk and expense and without prejudice to any other rights which thePurchaser may have against the Supplier under the Contract.

16. Payment 16.1 The method and conditions of payment to be made to the Supplier under thisContract shall be specified in SCC.

16.2 The Supplier’s request(s) for payment shall be made to the Purchaser inwriting, accompanied by an invoice describing, as appropriate, the Goodsdelivered and Services performed, and by documents submitted pursuant toGCC Clause 10, and upon fulfillment of other obligations stipulated in theContract.

16.3 Payments shall be made promptly by the Purchaser, but in no case later thanthirty (30) days after submission of an invoice or claim by the Supplier.

16.4 The currency of payment is Pak. Rupees.

17. Prices 17.1 Prices charged by the Supplier for Goods delivered and Services performedunder the Contract shall not vary from the prices quoted by the Supplier in itsbid, with the exception of any price adjustments authorized in SCC or in thePurchaser’s request for bid validity extension, as the case may be.

18. Change Orders 18.1 The Purchaser may at any time, by a written order given to the Supplierpursuant to GCC Clause 31, make changes within the general scope of theContract in any one or more of the following:

(a) drawings, designs, or specifications, where Goods to be furnishedunder the Contract are to be specifically manufactured for thePurchaser;

(b) the method of shipment or packing;(c) the place of delivery; and/or

(d) the Services to be provided by the Supplier.

18.2 If any such change causes an increase or decrease in the cost of, or the timerequired for, the Supplier’s performance of any provisions under the Contract,an equitable adjustment shall be made in the Contract Price or deliveryschedule, or both, and the Contract shall accordingly be amended. Any claimsby the Supplier for adjustment under this clause must be asserted within thirty(30) days from the date of the Supplier’s receipt of the Purchaser’s change

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order.

19. Contract Amendments

19.1 Subject to GCC Clause 18, no variation in or modification of the terms of theContract shall be made except by written amendment signed by the parties.

20. Assignment 20.1 The Supplier shall not assign, in whole or in part, its obligations to performunder this Contract, except with the Purchaser’s prior written consent.

21. Subcontracts 21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awardedunder this Contract if not already specified in the bid. Such notification, in theoriginal bid or later, shall not relieve the Supplier from any liability orobligation under the Contract.

21.2 Subcontracts must comply with the provisions of GCC Clause 3.

22. Delays in the Supplier’s Performance

22.1 Delivery of the Goods and performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the Purchaser inthe Schedule of Requirements.

22.2 If at any time during performance of the Contract, the Supplier or itssubcontractor(s) should encounter conditions impeding timely delivery of theGoods and performance of Services, the Supplier shall promptly notify thePurchaser in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier’s notice, thePurchaser shall evaluate the situation and may at its discretion extend theSupplier’s time for performance, with or without liquidated damages, in whichcase the extension shall be ratified by the parties by amendment of Contract.

22.3 Except as provided under GCC Clause 25, a delay by the Supplier in theperformance of its delivery obligations shall render the Supplier liable to theimposition of liquidated damages pursuant to GCC Clause 23, unless anextension of time is agreed upon pursuant to GCC Clause 22.2 without theapplication of liquidated damages.

23. Liquidated Damages

23.1 Subject to GCC Clause 25, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under theContract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delayuntil actual delivery or performance, up to a maximum deduction of the percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 24.

24. Termination for Default

24.1 The Purchaser, without prejudice to any other remedy for breach of Contract,by written notice of default sent to the Supplier, may terminate this Contractin whole or in part:

(a) if the Supplier fails to deliver any or all of the Goods within theperiod(s) specified in the Contract, or within any extension thereofgranted by the Purchaser pursuant to GCC Clause 22; or

(b) if the Supplier fails to perform any other obligation(s) under theContract.

(c) if the Supplier, in the judgment of the Purchaser has engaged in corruptor fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

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“corrupt practice” means the offering, giving, receiving or soliciting ofanything of value to influence the action of a public official in theprocurement process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Procuring Agency, and includes collusive practiceamong Bidders (prior to or after bid submission) designed to establishbid prices at artificial non-competitive levels and to deprive theProcuring Agency of the benefits of free and open competition.

24.2 In the event the Purchaser terminates the Contract in whole or in part,pursuant to GCC Clause 24.1, the Purchaser may procure, upon such termsand in such manner as it deems appropriate, Goods or Services similar tothose undelivered, and the Supplier shall be liable to the Purchaser for anyexcess costs for such similar Goods or Services. However, the Supplier shallcontinue performance of the Contract to the extent not terminated.

25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22, 23, and 24, the Suppliershall not be liable for forfeiture of its performance security, liquidateddamages, or termination for default if and to the extent that it’s delay inperformance or other failure to perform its obligations under the Contract isthe result of an event of Force Majeure.

25.2 For purposes of this clause, “Force Majeure” means an event beyond thecontrol of the Supplier and not involving the Supplier’s fault or negligenceand not foreseeable. Such events may include, but are not restricted to, acts ofthe Purchaser in its sovereign capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions, and freight embargoes.

25.3 If a Force Majeure situation arises, the Supplier shall promptly notify thePurchaser in writing of such condition and the cause thereof. Unlessotherwise directed by the Purchaser in writing, the Supplier shall continue toperform its obligations under the Contract as far as is reasonably practical, andshall seek all reasonable alternative means for performance not prevented bythe Force Majeure event.

26. Termination for Insolvency

26.1 The Purchaser may at any time terminate the Contract by giving written noticeto the Supplier if the Supplier becomes bankrupt or otherwise insolvent. Inthis event, termination will be without compensation to the Supplier, providedthat such termination will not prejudice or affect any right of action or remedywhich has accrued or will accrue thereafter to the Purchaser.

27. Termination for Convenience

27.1 The Purchaser, by written notice sent to the Supplier, may terminate theContract, in whole or in part, at any time for its convenience. The notice oftermination shall specify that termination is for the Purchaser’s convenience,the extent to which performance of the Supplier under the Contract isterminated, and the date upon which such termination becomes effective.

27.2 The Goods that are complete and ready for shipment within thirty (30) daysafter the Supplier’s receipt of notice of termination shall be accepted by thePurchaser at the Contract terms and prices. For the remaining Goods, thePurchaser may elect:

(a) to have any portion completed and delivered at the Contract terms andprices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount forpartially completed Goods and Services and for materials and partspreviously procured by the Supplier.

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28. Resolution of Disputes

28.1 The Purchaser and the Supplier shall make every effort to resolve amicably bydirect informal negotiation any disagreement or dispute arising between themunder or in connection with the Contract.

28.2 If, after thirty (30) days from the commencement of such informalnegotiations, the Purchaser and the Supplier have been unable to resolveamicably a Contract dispute, either party may require that the dispute bereferred for resolution to the formal mechanisms specified in SCC. Thesemechanisms may include, but are not restricted to, conciliation mediated by athird party, adjudication in an agreed and/or arbitration.

29. Governing Language

29.1 The Contract shall be written in the language specified in SCC. Subject toGCC Clause 30, the version of the Contract written in the specified languageshall govern its interpretation. All correspondence and other documentspertaining to the Contract which are exchanged by the parties shall be writtenin the same language.

30. Applicable Law

30.1 The Contract shall be interpreted in accordance with the laws of IslamicRepublic of Pakistan.

31. Notices 31.1 Any notice given by one party to the other pursuant to this Contract shall besent to the other party in writing or by fax and confirmed in writing to theother party’s address specified in SCC.

31.2 A notice shall be effective when delivered or on the notice’s effective date,whichever is later.

32. Taxes and Duties

32.1 Supplier shall be entirely responsible for all taxes, duties, license fees, etc.,incurred until delivery of the contracted Goods to the Purchaser.

8.

9.

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Section VIII. Special Conditions of Contract

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there isa conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The correspondingclause number of the GCC is indicated in parentheses.

1. Definitions (GCC Clause 1)

GCC 1.1 (g)—The Purchaser is: THQ hospital, KALLAR SYEDAN, DISTRICT RWP, Government of thePunjab.

GCC 1.1 (h)—The Purchaser’s country is: Islamic Republic of Pakistan

GCC 1.1 (i)—The Supplier is:

GCC 1.1 (j)—The Project Site is: THQ hospital, KALLAR SYEDAN, DISTRICT RWP

2. Country of Origin (GCC Clause 3)

3. Performance Security (GCC Clause 7)

GCC 7.1—The amount of performance security, as a percentage of the Contract Price, shall be 5% (Five percent of the contract price) in the shape of non recourse, irrevocable and unconditional bank guarantee fromscheduled bank of Pakistan on the prescribed format attached with the bidding document.

4. Inspections and Tests (GCC Clause 8)

GCC 8.6—Inspection and tests prior to delivery of goods and at final acceptance are:-vi) For being Brand New, bearing relevant reference numbers of the equipment (Certificate

from supplier)vii) For Physical Fitness having No Damages (Certificate from supplier)viii) For the Country of Origin as quoted by the Supplier (Certificate from manufacturer)ix) For conformance to specifications and performance parameters, through Prior to delivery

inspection.x) For successful operation at site after complete installation, testing and commissioning of the

equipment (Installation, Testing and Commissioning Report by THQ hospital, KALLARSYEDAN, DISTRICT RWP.)

5. Delivery and Documents (GCC Clause 10)

GCC 10.3— upon shipment, the Supplier shall notify the Purchaser the full details of the shipment, includingContract number, description of Goods, quantity and usual transport document. The Supplier shall mail thefollowing documents to the Purchaser:

(i) Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;(ii) Original and two copies of the usual transport document (for example, a negotiable bill of lading, a non-

negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a roadconsignment note, or a multimodal transport document) which the buyer may require to take the goods;

(iii) Copies of the packing list identifying contents of each package;(iv) Insurance Certificate;(v) Manufacturer’s or Supplier’s Valid Warranty Certificate;(vi) Inspection Certificate issued by the Nominated Inspection Agency (if any), and the Supplier’s Factory

Inspection Report; and

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(vii) Certificate of Origin.(viii) The above documents would be required even if the equipment has already been imported and is available

with the supplier ex-stock

6. Insurance (GCC Clause 11)

GCC 11.1— The Goods supplied under the Contract shall be Delivered Duty Paid (DDP) under which risk istransferred to the Buyer after having been delivered. Hence insurance coverage is seller’s responsibility. Sincethe Insurance is seller’s responsibility they may arrange appropriate coverage.

7. Incidental Services (GCC Clause 13)

GCC 13.1—Incidental services to be provided are:C) At site complete training of Purchaser’s nominated staff regarding maintenance and

operation of Goods.D) At site preventive maintenance on quarterly basis by the bidder’s qualified staff for one

year, starting from final acceptance of goods.

The rate must include cost for all kinds of labor, inputs and material required for above, and all applicable government taxes and levies. In case a separate rate is not provided by the bidder for the above items, it shall be deemed to have been covered in the overall quoted cost.

8. Warranty (GCC Clause 15)

GCC 15.2—In accordance with the provisions, the warranty period shall be 2000 hours of operation or 12months (parts and labor warranty) from date of Handing Over (Final Acceptance) of the Goods whicheveroccurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guaranteesspecified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained inwhole or in part, the Supplier shall, at its discretion, either:

(a) Make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessaryin order to attain the contractual guarantees specified in the Contract at its own cost and expense and tocarry out further performance tests in accordance with SCC 4,

or

(b) Pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees.The rate of these liquidated damages shall be 0.1 % of the contract price per day. The maximum amountof liquidated damages for the whole of the goods or part thereof shall be 5% of the contract price.

or

(c) Replacement of the whole unit at site including transportation, installation, testing & commissioning etc incase of major defect at his own cost.

GCC 15.4 & 15.5—the period for correction of defects in the warranty period is 72 hours.

9. Payment (GCC Clause 16)

GCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be asfollows:

Payment for Goods supplied:

Payment shall be made in Pak. Rupees in the following manner:

(ii) Payment against Delivered Goods: Upon submission of claim, the supplier shall be paid within thirty(30) days of receipt of the Goods at site after performing the requisite inspection and tests as mentionedin SCC 4.

12. Prices (GCC Clause 17)

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GCC 17.1—Prices shall be: Fixed.

13. Liquidated Damages (GCC Clause 23)GCC 23.1—Applicable rate: 0.1 % of contract price per day Maximum deduction: 5 % of contract price

14. Resolution of Disputes (GCC Clause 28)

GCC 28.3—the dispute resolution mechanism to be applied pursuant to GCC Clause 28.2 shall be as follows:

In the case of a dispute between the Purchaser and the Supplier, the dispute shall be referred to adjudication orarbitration in accordance with the Pakistan Arbitration Act, 1940.

15. Governing Language (GCC Clause 29)

GCC 29.1—The Governing Language shall be: English.

16. Applicable Law (GCC Clause 30)

GCC 30.1-The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan whichincludes the following legislation:

The Employment of Children (ECA) Act 1991The Bonded Labour System (Abolition) Act of 1992The Factories Act 1934

17. Notices (GCC Clause 31)

GCC 31.1—Purchaser’s address for notice purposes – Office of MEDICAL SUPRINTENDENT THQ hospital,KALLAR SYEDAN,DISTRICT RWP, Government of Punjab.

—Supplier’s address for notice purposes:

B I D D I N G D O C U M E N T

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Framework Contract for PURCHASE OF X-RAY FILMS & RADIOLOGY

ACCESSORIESFor the year 2019-20

ATTHQ HOSPITAL KALLAR SYEDAN

DISTRICT RWPCONTACT # 051- 3570237

TENDER # THQ/RAD/19-20IPL NUMBER:7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

Section IINSTRUCTION TO BIDDERS

INTRODUCTION1. Source of

Funds1.1 The Procuring Agency named in the Bid Data Sheet has received budget from

the Government of Punjab. The Procuring Agency intends to apply a portionof the proceeds of this budget to eligible payments under the contract forwhich this Invitation for Bids is issued.

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2. Eligible Bidders

2.1 This Invitation for Bids is open to all suppliers, except as provided hereinafter.2.2 Bidders should not be associated, or have been associated in thewith a firm or any of its affiliates which have been engaged by the Procuring Agency

to provide consulting services for the preparation of the design, specifications,and other documents to be used for the procurement of the goods to bepurchased under this Invitation for Bids.

2.3 Government-owned enterprises may participate only if they are legally andfinancially autonomous, if they operate under commercial law, and if they arenot a dependent agency of the Government.

2.4 Bidders shall not be under a declaration of blacklisting by any Governmentdepartment or Punjab Procurement Regulatory Authority (PPRA).

3. Eligible Goods and Services

3.1 All goods and related services to be supplied under the contract shall havetheir origin in eligible source countries, defined in the Bid Data Sheet (BDS),and all expenditures made under the contract will be limited to such goods andservices.

3.2 For purposes of this clause, “origin” means the place where the goods aremined, grown, or produced, or the place from which the related services aresupplied. Goods are produced when, through manufacturing, processing, orsubstantial and major assembly of components, a commercially-recognizedproduct results that is substantially different in basic characteristics or inpurpose or utility from its components.

3.3 The origin of goods and services is distinct from the nationality of the Bidder.

4. Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and submissionof its bid, and the Procuring Agency named in the Bid Data Sheet, hereinafterreferred to as “the Purchaser,” will in no case be responsible or liable for thosecosts, regardless of the conduct or outcome of the bidding process.

BIDDING DOCUMENTS

5. Content of Bidding Documents

5.1 The goods required, bidding procedures, and contract terms are prescribed inthe bidding documents. In addition to the Invitation for Bids, the biddingdocuments include:

(a) Instructions to Bidders (ITB)(b) Schedule of Requirements(c) Technical Specifications(d) Price Schedules (e) Contract Form(f) General Conditions of Contract (GCC)(g) Special Conditions of Contract (SCC)

5.2 The Bidder is expected to examine all instructions, forms, terms, andspecifications in the bidding documents. Failure to furnish all informationrequired by the bidding documents or to submit a bid not substantiallyresponsive to the bidding documents in every respect will be at the Bidder’srisk and may result in the rejection of its bid.

6. Clarification ofBidding Documents

6.1 A prospective Bidder requiring any clarification of the bidding documentsmay notify the Purchaser in writing or by email at the Purchaser’s addressindicated in ITB Clause 19.1. The Purchaser will respond in writing to anyrequest for clarification of the bidding documents which it receives no laterthan three (3) days prior to the deadline for the submission of bids prescribedin the Bid Data Sheet. Written copies of the Purchaser’s response (includingan explanation of the query but without identifying the source of inquiry) willbe sent to all prospective bidders that have received the bidding documents.

7. Amendment ofBidding Documents

7.1 At any time prior to the deadline for submission of bids, the Purchaser, for anyreason, whether at its own initiative or in response to a clarification requestedby a prospective Bidder, may modify the bidding documents by amendment.

7.2 All prospective bidders that have received the bidding documents will benotified of the amendment in writing or by email, and will be bidding onthem.

7.3 In order to allow prospective bidders reasonable time in which to take the

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amendment into account in preparing their bids, the Purchaser, at itsdiscretion, may extend the deadline for the submission of bids.

PREPARATION OF BIDS8. Language of

Bid8.1 The bid prepared by the Bidder, as well as all correspondence and documents

relating to the bid exchanged by the Bidder and the Purchaser shall be writtenin the language specified in the Bid Data Sheet. Supporting documents andprinted literature furnished by the Bidder may be in same language.

9. Documents Comprising the Bid

9.1 The bid prepared by the Bidder shall comprise the following components:(a) a Bid Form and a Price Schedule completed in accordance with ITB

Clauses 10, 11, and 12;(b) documentary evidence established in accordance with ITB Clause 13

that the Bidder is eligible to bid and is qualified to perform the contractif its bid is accepted;

(c) documentary evidence established in accordance with ITB Clause 14that the goods and ancillary services to be supplied by the Bidder areeligible goods and services and conform to the bidding documents; and

(d) bid security furnished in accordance with ITB Clause 15.

10. Bid Form 10.1 The Bidder shall complete the Bid Form and the appropriate Price Schedulefurnished in the bidding documents, indicating the goods to be supplied, abrief description of the goods, and their country of origin, quantity, and prices.

11. Bid Prices 11.1 The Bidder shall indicate on the appropriate Price Schedule the unit prices(where applicable) and total bid price of the goods it proposes to supply underthe contract.

11.2 Prices indicated on the Price Schedule shall be delivered duty paid (DDP)prices.

11.3 The Bidder’s separation of price components in accordance with ITB Clause11.2 above will be solely for the purpose of facilitating the comparison of bidsby the Purchaser and will not in any way limit the Purchaser’s right tocontract on any of the terms offered.

11.4 Prices quoted by the Bidder shall be fixed during the Bidder’s performance ofthe contract and not subject to variation on any account, unless otherwisespecified in the Bid Data Sheet. A bid submitted with an adjustable pricequotation will be treated as nonresponsive and will be rejected, pursuant toITB Clause 24.

12. Bid Currencies 12.1 Prices shall be quoted in Pak Rupees unless otherwise specified in the BidData Sheet.

13. Documents Establishing Bidder’s Eligibility and Qualification

13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the Bidder’s eligibility to bid and its qualifications toperform the contract if its bid is accepted.

13.2 The documentary evidence of the Bidder’s eligibility to bid shall establish tothe Purchaser’s satisfaction that the Bidder, at the time of submission of itsbid, is eligible as defined under ITB Clause 2.

13.3 The documentary evidence of the Bidder’s qualifications to perform thecontract if its bid is accepted shall establish to the Purchaser’s satisfaction:

(a) that, in the case of a Bidder offering to supply goods under the contractwhich the Bidder did not manufacture or otherwise produce, the Bidderhas been duly authorized by the goods’ Manufacturer or producer tosupply the goods in Pakistan;

(b) that the Bidder has the financial, technical, and production capabilitynecessary to perform the contract;

(c) that, in the case of a Bidder not doing business within Pakistan, theBidder is or will be (if awarded the contract) represented by an Agentin that country equipped, and able to carry out the Supplier’smaintenance, repair, and spare parts-stocking obligations prescribed in

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the Conditions of Contract and/or Technical Specifications; and(d) That the Bidder meets the qualification criteria listed in the Bid Data

Sheet.

14. Documents Establishing Goods’ Eligibility and Conformity to Bidding Documents

14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the eligibility and conformity to the biddingdocuments of all goods and services which the Bidder proposes to supplyunder the contract.

14.2 The documentary evidence of the eligibility of the goods and services shallconsist of a statement in the Price Schedule of the country of origin of thegoods and services offered which shall be confirmed by a certificate of originissued at the time of shipment.

14.3 The documentary evidence of conformity of the goods and services to thebidding documents may be in the form of literature, drawings, and data, andshall consist of:

(a) a detailed description of the essential technical and performancecharacteristics of the goods;

(b) a list giving full particulars, including available sources and currentprices of spare parts, special tools, etc., necessary for the proper andcontinuing functioning of the goods for a period to be specified in theBid Data Sheet, following commencement of the use of the goods bythe Purchaser; and

(c) an item-by-item commentary on the Purchaser’s TechnicalSpecifications demonstrating substantial responsiveness of the goodsand services to those specifications, or a statement of deviations andexceptions to the provisions of the Technical Specifications.

14.4 For purposes of the commentary to be furnished pursuant to ITB Clause14.3(c) above, the Bidder shall note that standards for workmanship, material,and equipment, as well as references to brand names or catalogue numbersdesignated by the Purchaser in its Technical Specifications, are intended to bedescriptive only and not restrictive. The Bidder may substitute alternativestandards, brand names, and/or catalogue numbers in its bid, provided that itdemonstrates to the Purchaser’s satisfaction that the substitutions ensuresubstantial equivalence to those designated in the Technical Specifications.

15. Bid Security 15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bidsecurity in the amount specified in the Bid Data Sheet.

15.2 The bid security is required to protect the Purchaser against the risk ofBidder’s conduct which would warrant the security’s forfeiture, pursuant toITB Clause 15.7.

15.3 The bid security shall be in Pak. Rupees and shall be in one of the followingforms:(d) Bank call-deposit (CDR), Demand Draft (DD), Pay Order (PO) or

Banker’s cheque valid for thirty (30) days beyond the validity of bid.15.4 Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be

rejected by the Purchaser as nonresponsive, pursuant to ITB Clause 24.15.5 Unsuccessful bidders’ bid security will be discharged or returned as promptly

as possible but not later than thirty (30) days after the expiration of the periodof bid validity prescribed by the Purchaser pursuant to ITB Clause 16.

15.6 The successful Bidder’s bid security will be discharged upon the Biddersigning the contract, pursuant to ITB Clause 31, and furnishing theperformance security, pursuant to ITB Clause 32.

15.7 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specifiedby the Bidder on the Bid Form; or

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(b) in the case of a successful Bidder, if the Bidder fails:(i) to sign the contract in accordance with ITB Clause 31; or(ii) to furnish performance security in accordance with ITB Clause

32.

16. Period of Validity of Bids

16.1 Bids shall remain valid for the period specified in the Bid Data Sheet after thedate of bid opening prescribed by the Purchaser, pursuant to ITB Clause 19.A bid valid for a shorter period shall be rejected by the Purchaser asnonresponsive.

16.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consentto an extension of the period of validity. The request and the responsesthereto shall be made in writing (or by email). The bid security providedunder ITB Clause 15 shall also be suitably extended. A Bidder may refuse therequest without forfeiting its bid security. A Bidder granting the request willnot be required nor permitted to modify its bid, except as provided in ITBClause 16.3.

16.3 In the case of fixed price contracts, if the award is delayed by a periodexceeding sixty (60) days beyond the expiry of the initial bid validity, thecontract price will be adjusted by a factor specified in the request forextension.

17. Format and Signing of Bid

17.1 The Bidder shall prepare an original and the number of copies of the bidindicated in the Bid Data Sheet, clearly marking each “ORIGINAL BID” and“COPY OF BID,” as appropriate. In the event of any discrepancy betweenthem, the original shall govern.

17.2 The original and the copy or copies of the bid shall be typed or written inindelible ink and shall be signed by the Bidder or a person or persons dulyauthorized to bind the Bidder to the contract. All pages of the bid, except forunamended printed literature, shall be initialed by the person or personssigning the bid.

17.3 Any interlineation, erasures, or overwriting shall be valid only if they areinitialed by the person or persons signing the bid.

17.4 The Bidder shall furnish information as described in the Form of Bid oncommissions or gratuities, if any, paid or to be paid to agents relating to thisBid, and to contract execution if the Bidder is awarded the contract.

SUBMISSION OF BIDS18. Sealing and

Marking of Bids

18.1 The Bidder shall seal the original envelopes 18.2 The inner and outer envelopes shall:

(a) be addressed to the Purchaser at the address given in the Bid DataSheet; and

(b) bear the title of procurement Activity indicated in the Bid Data Sheet,the Invitation for Bids (IFB) title and number indicated in the Bid DataSheet, and a statement: “DO NOT OPEN BEFORE,” to be completedwith the time and the date specified in the tender notice.

18.3 The inner envelopes shall also indicate the name and address of the Bidder toenable the bid to be returned unopened in case it is declared “late”.

18.4 If the outer envelope is not sealed and marked the Purchaser will assume noresponsibility for the bid’s misplacement or premature opening.

19. Deadline for Submission of Bids

19.1 Bids must be received by the Purchaser at the address specified as in TenderNotice not later than the time and date specified in the Tender notice.

19.2 The Purchaser may, at its discretion, extend this deadline for the submissionof bids by amending the bidding documents in accordance with ITB Clause 7,in which case all rights and obligations of the Purchaser and bidderspreviously subject to the deadline will thereafter be subject to the deadline asextended.

20. Late Bids 20.1 Any bid received by the Purchaser after the deadline for submission of bids

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prescribed by the Purchaser pursuant to ITB Clause 19 will be rejected andreturned unopened to the Bidder.

21. Modification and Withdrawal of Bids

21.1 The Bidder may modify or withdraw its bid after the bid’s submission,provided that written notice of the modification, including substitution orwithdrawal of the bids, is received by the Purchaser prior to the deadlineprescribed for submission of bids.

21.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed,marked, and dispatched in accordance with the provisions of ITB Clause 18.A withdrawal notice may also be sent by email, but followed by a signedconfirmation copy, postmarked not later than the deadline for submission ofbids.

21.3 No bid may be modified after the deadline for submission of bids.21.4 No bid may be withdrawn in the interval between the deadline for submission

of bids and the expiration of the period of bid validity specified by the Bidderon the Bid Form. Withdrawal of a bid during this interval may result in theBidder’s forfeiture of its bid security, pursuant to the ITB Clause 15.7.

OPENING AND EVALUATION OF BIDS

22. Opening of Bids by the Purchaser

22.1 The Purchaser will open all bids in the presence of bidders’ representativeswho choose to attend, at the time, on the date, and at the place specified in theBid Data Sheet. The bidders’ representatives who are present shall sign anattendance sheet evidencing their presence.

22.2 The bidders’ names, bid modifications or withdrawals, bid prices, discounts,and the presence or absence of requisite bid security and such other details asthe Purchaser, at its discretion, may consider appropriate, will be announced atthe opening. No bid shall be rejected at bid opening, except for late bids,which shall be returned unopened to the Bidder pursuant to ITB Clause 20.

22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are not openedand read out at bid opening shall not be considered further for evaluation,irrespective of the circumstances. Withdrawn bids will be returned unopenedto the bidders.

22.4 The Purchaser will prepare minutes of the bid opening.

23. Clarification ofBids

23.1 During evaluation of the bids, the Purchaser may, at its discretion, ask theBidder for a clarification of its bid. The request for clarification and theresponse shall be in writing, and no change in the prices or substance of thebid shall be sought, offered, or permitted.

24. Preliminary Examination

24.1 The Purchaser will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required suretieshave been furnished, whether the documents have been properly signed, andwhether the bids are generally in order.

24.2 Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and thetotal price shall be corrected. If the Supplier does not accept the correction ofthe errors, its bid will be rejected, and its bid security may be forfeited. Ifthere is a discrepancy between words and figures, the amount in words willprevail.

24.3 The Purchaser may waive any minor informality, nonconformity, orirregularity in a bid which does not constitute a material deviation, providedsuch waiver does not prejudice or affect the relative ranking of any Bidder.

24.4 Prior to the detailed evaluation, pursuant to ITB Clause 25 the Purchaser willdetermine the substantial responsiveness of each bid to the biddingdocuments. For purposes of these Clauses, a substantially responsive bid isone which conforms to all the terms and conditions of the bidding documentswithout material deviations. Deviations from, or objections or reservations tocritical provisions, such as those concerning Bid Security (ITB Clause 15),Applicable Law (GCC Clause 30), and Taxes and Duties (GCC Clause 32),

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will be deemed to be a material deviation. The Purchaser’s determination of abid’s responsiveness is to be based on the contents of the bid itself withoutrecourse to extrinsic evidence.

24.5 If a bid is not substantially responsive, it will be rejected by the Purchaser andmay not subsequently be made responsive by the Bidder by correction of thenonconformity.

25. Qualification & Evaluation of Bids

25.1 In the absence of prequalification, the Purchaser will determine to itssatisfaction whether the Bidder is qualified to perform the contractsatisfactorily, in accordance with the criteria.

25.2 The determination will take into account the Bidder’s financial, technical, andproduction capabilities. It will be based upon an examination of thedocumentary evidence of the Bidder’s qualifications submitted by the Bidder,pursuant to ITB Clause 13.3, as well as such other information as thePurchaser deems necessary and appropriate.

25.3 The Purchaser will technically evaluate and compare the bids which havebeen determined to be substantially responsive, pursuant to ITB Clause 24, asper Technical Specifications required.

25.4 The Purchaser’s financial evaluation of a bid will be on delivered duty paid(DDP) price inclusive of prevailing taxes and duties.

26. Contacting the Purchaser

26.1 Subject to ITB Clause 23, no Bidder shall contact the Purchaser on any matterrelating to its bid, from the time of the bid opening to the time evaluationreport is made public i.e. 10 days before the contract is awarded. If the Bidderwishes to bring additional information or has grievance to the notice of thePurchaser, it should do so in writing.

26.2 Any effort by a Bidder to influence the Purchaser during bid evaluation, or bidcomparison may result in the rejection of the Bidder’s bid.

AWARD OF CONTRACT

27. Award Criteria 27.1 Subject to ITB Clause 30, the Purchaser will award the contract to thesuccessful Bidder whose bid has been determined to be substantiallyresponsive and has been determined to be the lowest evaluated bid, providedfurther that the Bidder is determined to be qualified to perform the contractsatisfactorily.

28. Purchaser’s Right to Vary Quantities at Time of Award

28.1 The Purchaser reserves the right at the time of contract award to increase ordecrease, by the percentage indicated in the Bid Data Sheet, the quantity ofgoods and services originally specified in the Schedule of Requirementswithout any change in unit price or other terms and conditions.

29. Purchaser’s Right to Accept or Reject All Bids

29.1 The Purchaser reserves the right to accept or reject all bids, and to annul thebidding process at any time prior to contract award, without thereby incurringany liability to the Bidder or bidders or any obligation to inform the Bidder orbidders of the grounds for the Purchaser’s action.

30. Notification of Award

30.1 Prior to the expiration of the period of bid validity, the Purchaser will notifythe successful Bidder in writing by registered letter or by email, to beconfirmed in writing by registered letter, that its bid has been accepted.

30.2 The notification of award will constitute the formation of the Contract.30.3 Upon the successful Bidder’s furnishing of the performance security pursuant

to ITB Clause 33, the Purchaser will promptly notify each unsuccessfulBidder and will discharge its bid security, pursuant to ITB Clause 15.

31. Signing of Contract

31.1 At the same time as the Purchaser notifies the successful Bidder that its bidhas been accepted, the Purchaser will send the Bidder the Contract Formprovided in the bidding documents, incorporating all agreements between theparties.

31.2 Within seven (07) days of receipt of the Contract Form, the successful Biddershall sign and date the contract and return it to the Purchaser.

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32 Performance Security

32.1 Within fourteen (14) days of the receipt of notification of award from thePurchaser, the successful Bidder shall furnish the performance security 5%of the contract amount.

32.2 Failure of the successful Bidder to comply with the requirement of ITBClause 32 or ITB Clause 33.1 shall constitute sufficient grounds for theannulment of the award and forfeiture of the bid security, in which event thePurchaser may make the award to the next lowest evaluated Bidder or call fornew bids.

33. Corrupt or Fraudulent Practices

33.1 The Procuring Agency requires that Bidders, Suppliers, and Contractorsobserve the highest standard of ethics during the procurement and executionof contracts. For the purposes of this provision, the terms set forth below aredefined as follows:

(vii) “corrupt practice” means the offering, giving, receiving or soliciting anything ofvalue to influence the action of a public official in theprocurement process or in contract execution; and

(viii) “fraudulent practice” means a misrepresentation of facts in order to influence aprocurement process or the execution of a contract to thedetriment of the Procuring Agency,

(ix) “collusive practice” is an arrangement among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial, non-competitive levels for any wrongful gains, and to deprive theProcuring Agency of the benefits of free and open competition;

(b) The Procuring Agency will reject a proposal for award ifit determines that the Bidder recommended for award has engagedin corrupt or fraudulent practices in competing for the contract inquestion;

(c) The Procuring Agency will sanction a firm, in accordancewith prevailing Blacklisting procedures under Punjab ProcurementRules 2014, if it at any time determines that the firm has engagedin corrupt or fraudulent practices in competing for, or in executing,a Bank-financed contract.

33.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 5.4and sub-clause 24.1 of the General Conditions of Contract.

Section II. Bid Data Sheet

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

IntroductionITB 1 Name of Procuring Agency: THQ hospital, KALLAR SYEDAN,DISTRICT RWP,

Government of the Punjab

ITB 2 Name of Procurement: Frame work Contract for purchase of X-ray films & Radiology Accessories.

ITB 3 Name of Purchaser: Procuring Agency THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 4 For clarification purposes, the Employer’s address is:THQ HOSPITAL KALLAR SYEDAN PINDI ROAD , KALLARSYEDAN,DISTRICT RWP.

ITB 5 Language of the bid – English

Bid Price and CurrencyITB 6 The price quoted shall be Delivered Duty Paid at the following locations in

accordance with the Schedule of Requirements including the delivery charges:THQ hospital, KALLAR SYEDAN,DISTRICT RWP

ITB 7 The price shall be in Pak Rupees and shall be fixed.

Preparation and Submission of Bids

ITB 8

e. Certificate of Incorporation of bidder’s firm showing its location and the date of registration etc.

f. NTN Registration Certificate

ITB 9 Amount of Bid Security:

Package Item Bid Security

1Frame work Contract for purchase ofX-ray films & Radiology Accessories

2 % of the estimatedcost

Bids shall be in the prescribed format, sealed and accompanied by the BidSecurity in the form of Call Deposit, Bank Draft, or Pay Order in favor of medicalsuperintendent THQ hospital, KALLAR SYEDAN,DISTRICT RWP, having itsvalidity 90 days from the date of opening of bid.

ITB 10 Bid Validity Period: 90 days after the date of opening of bid.

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ITB 11 Number of Copies: Original along with one Copy of the bid. Bids must beaccompanied by unit price and total price.

ITB 12 Address for Bid Submission:THQ HOSPITAL KALLAR SYEDAN PINDI ROAD, KALLARSYEDAN,DISTRICT RWP

ITB 13 Deadline for Bid Submission: 31 AUG 2019 10:00 a.m

ITB 14 Time, Date, and Place for Bid Opening: On 31 Aug 2019 at 10:30 a.m. at THQ hospital, KALLARSYEDAN,DISTRICT RWP

Bid EvaluationITB 15 Criteria for bid evaluation: Lowest Delivered Duty Paid (DDP) Total Price offered

by the qualified responsive bidder.

Contract AwardITB 16 Percentage for quantity increase or decrease:

15 % of total contract value

10. Section III.

11. Schedule of RequirementsThe delivery schedule expressed as weeks stipulates hereafter a delivery date which is the date of delivery required.

TABLE 1 DELIVERY SCHEDULE

Location ItemDelivery Period from the date ofNotification of Award/supply order

THQ hospital,KALLAR

SYEDAN,DISTRICTRWP

Frame work Contract for purchase of X-rayfilms & Radiology accessories

Supply order will be issued as perneed and delivery period is 15 days.

Location ItemPENALTY from the date of supply

order

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THQ hospital,KALLAR

SYEDAN,DISTRICTRWP

Frame work Contract for purchase of X-rayfilms & Radiology accessories.

@ 0.5% per day of the purchaseorder amount after 15 day will be

imposed

Section IV Technical Specifications

CRITERIA FOR TECHNICAL EVALUATION OF THE TENDER

The quotation /bid who secure 60% marks will qualify for the competition.

TOTAL 100%

Note: Firms have to provide samples along with the tender submission.

Section VPRICE SCHEDULE

X-ray films & Radiology Accessories

Sr. # Name of Article Brand NamePrice/unit

1. X-ray Films 12 X 15

2. X-ray Films 10 X 12

3. X-ray Films 08 X 10

Sr. No. Parameter Weight age1 Age of Company/Firm 30%2 H.R. Strength 20%3 Relevant experience 20%4 Sample 30%

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4. Fixer (powder)

5. Developer (powder)

6. X-ray Hanger 8x10 (best quality)

7. X-ray Hanger 10x12 (best quality)

8. X-ray Hanger 12x15 (best quality)

9. X Ray markers

10. Intensifying screen ( 8x10 ) , (10 x12) , (12 x15)

12.

13.

Section VI. Contract Forms

1.

2. 1. Contract Form

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:

WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [brief description of goods andservices] and has accepted a bid by the Supplier for the supply of those goods and services in the sum of [contractprice in words and figures] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

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3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, theSupplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein inconformity in all respects with the provisions of the Contract

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods andservices and the remedying of defects therein, the Contract Price or such other sum as may become payable under theprovisions of the contract at the times and in the manner prescribed by the contract.

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

Signed, sealed, delivered by the (for the Purchaser)

Signed, sealed, delivered by the (for the Supplier)

Section VII. General Conditions of Contract

1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between thePurchaser and the Supplier, as recorded in the Contract Form signed bythe parties, including all attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.

(c) “The Goods” means all of the equipment, machinery, and/or othermaterials which the Supplier is required to supply to the Purchaserunder the Contract.

(d) “The Services” means those services ancillary to the supply of theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision of technicalassistance, training, and other such obligations of the Supplier coveredunder the Contract.

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

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section.

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

(g) “The Purchaser” means the organization purchasing the Goods, asnamed in SCC.

(h) “The Purchaser’s country” is Islamic Republic of Pakistan.

(i) “The Supplier” means the individual or firm supplying the Goods andServices under this Contract.

(j) “The Project Site,” where applicable, means the place or places namedin SCC.

(k) “Day” means calendar day.2. Application 2.1 These General Conditions shall apply to the extent that they are not

superseded by provisions of other parts of the Contract.

3. Country of Origin

3.2 For purposes of this Clause, “origin” means the place where the Goods weremined, grown, or produced, or from which the Services are supplied. Goodsare produced when, through manufacturing, processing, or substantial andmajor assembly of components, a commercially recognized new productresults that is substantially different in basic characteristics or in purpose orutility from its components.

3.3 The origin of Goods and Services is distinct from the nationality of theSupplier.

4. Standards 4.1 The Goods supplied under this Contract shall conform to the standardsmentioned in the Technical Specifications, and, when no applicable standardis mentioned, to the authoritative standards appropriate to the Goods’ countryof origin. Such standards shall be the latest issued by the concernedinstitution.

5. Use of Contract Documents and Information; Inspection and Audit by the Bank

5.1 The Supplier shall not, without the Purchaser’s prior written consent, disclosethe Contract, or any provision thereof, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalf of the Purchaser inconnection therewith, to any person other than a person employed by theSupplier in the performance of the Contract. Disclosure to any such employedperson shall be made in confidence and shall extend only so far as may benecessary for purposes of such performance.

5.2 The Supplier shall not, without the Purchaser’s prior written consent, makeuse of any document or information enumerated in GCC Clause 5.1 except forpurposes of performing the Contract.

5.3 Any document, other than the Contract itself, enumerated in GCC Clause 5.1shall remain the property of the Purchaser and shall be returned (all copies) tothe Purchaser on completion of the Supplier’s performance under the Contractif so required by the Purchaser.

5.4 The Supplier shall permit the Procuring Agency to inspect the Supplier’saccounts and records relating to the performance of the Supplier and to havethem audited by auditors appointed by the Procuring Agency, if so required bythe Procuring Agency.

6. Patent Rights 6.1 The Supplier shall indemnify the Purchaser against all third-party claims ofinfringement of patent, trademark, or industrial design rights arising from useof the Goods or any part thereof.

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7. Performance Security

7.1 Within ten (10) days of receipt of the notification of Contract award, thesuccessful Bidder shall furnish to the Purchaser the performance security inthe amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the Purchaser ascompensation for any loss resulting from the Supplier’s failure to complete itsobligations under the Contract.

7.3 The performance security shall be denominated in the currency of theContract acceptable to the Purchaser and shall be in one of the followingforms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputablebank located in Pakistan, in the form provided in the biddingdocuments or another form acceptable to the Purchaser; or

(b) a cashier’s or certified check.

7.4 The performance security will be discharged by the Purchaser and returned tothe Supplier not later than thirty (30) days following the date of completion ofthe Supplier’s performance obligations under the Contract, including anywarranty obligations, unless specified otherwise in SCC.

8. Inspections and Tests

8.1 The Purchaser or its representative shall have the right to inspect and/or to testthe Goods to confirm their conformity to the Contract specifications at noextra cost to the Purchaser. SCC and the Technical Specifications shallspecify what inspections and tests the Purchaser requires and where they areto be conducted. The Purchaser shall notify the Supplier in writing, in atimely manner, of the identity of any representatives retained for thesepurposes.

8.2 The inspections and tests may be conducted on the premises of the Supplier orits subcontractor(s), at point of delivery, and/or at the Goods’ final destination.If conducted on the premises of the Supplier or its subcontractor(s), allreasonable facilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at no charge to thePurchaser.

8.3 Should any inspected or tested Goods fail to conform to the Specifications, thePurchaser may reject the Goods, and the Supplier shall either replace therejected Goods or make alterations necessary to meet specificationrequirements free of cost to the Purchaser.

8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goodsafter the Goods’ arrival in Pakistan shall in no way be limited or waived byreason of the Goods having previously been inspected, tested, and passed bythe Purchaser or its representative prior to the Goods’ shipment from thecountry of origin.

8.5 Nothing in GCC Clause 8 shall in any way release the Supplier from anywarranty or other obligations under this Contract.

9. Packing 9.1 The Supplier shall provide such packing of the Goods as is required to preventtheir damage or deterioration during transit to their final destination, asindicated in the Contract. The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extremetemperatures, salt and precipitation during transit, and open storage. Packingcase size and weights shall take into consideration, where appropriate, theremoteness of the Goods’ final destination and the absence of heavy handlingfacilities at all points in transit.

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9.2 The packing, marking, and documentation within and outside the packagesshall comply strictly with such special requirements as shall be expresslyprovided for in the Contract, including additional requirements, if any,specified in SCC, and in any subsequent instructions ordered by the Purchaser.

10. Delivery and Documents

10.1 Delivery of the Goods shall be made by the Supplier in accordance with theterms specified in the Schedule of Requirements. The details of shippingand/or other documents to be furnished by the Supplier are specified in SCC.

10.2 Documents to be submitted by the Supplier are specified in SCC.

11. Insurance 11.1 The Goods supplied under the Contract shall be delivered duty paid (DDP)under which risk is transferred to the buyer after having been delivered; henceinsurance coverage is seller’s responsibility.

12. Transportation 12.1 The Supplier is required under the Contact to transport the Goods to aspecified place of destination within the Purchaser’s country, transport to suchplace of destination in the Purchaser’s country, including insurance andstorage, as shall be specified in the Contract, shall be arranged by theSupplier, and related costs shall be included in the Contract Price.

13. Incidental Services

13.1 The Supplier may be required to provide any or all of the following services,including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or start-up of thesupplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of thesupplied Goods;

(c) furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of thesupplied Goods, for a period of time agreed by the parties, providedthat this service shall not relieve the Supplier of any warrantyobligations under this Contract; and

(e) Training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of thesupplied Goods.

13.2 Prices charged by the Supplier for incidental services, if not included in theContract Price for the Goods, shall be agreed upon in advance by the partiesand shall not exceed the prevailing rates charged for other parties by theSupplier for similar services.

14. Spare Parts 14.1 As specified in SCC, the Supplier may be required to provide any or all of thefollowing materials, notifications, and information pertaining to spare partsmanufactured or distributed by the Supplier:

(a) such spare parts as the Purchaser may elect to purchase from theSupplier, provided that this election shall not relieve the Supplier of anywarranty obligations under the Contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the Purchaser of the pending termination,in sufficient time to permit the Purchaser to procure needed

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requirements; and

(ii) Following such termination, furnishing at no cost to thePurchaser, the blueprints, drawings, and specifications of thespare parts, if requested.

15. Warranty 15.1 The Supplier warrants that the Goods supplied under the Contract are new,unused, of the most recent or current models and those they incorporate allrecent improvements in design and materials unless provided otherwise in theContract. The Supplier further warrants that all Goods supplied under thisContract shall have no defect, arising from design, materials, or workmanship(except when the design and/or material is required by the Purchaser’sspecifications) or from any act or omission of the Supplier, that may developunder normal use of the supplied Goods in the conditions prevailing in thecountry of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the Goods, orany portion thereof as the case may be, have been delivered to and accepted atthe final destination indicated in the Contract, or for eighteen (18) monthsafter the date of shipment from the port or place of loading in the sourcecountry, whichever period concludes earlier, unless specified otherwise inSCC.

15.3 The Purchaser shall promptly notify the Supplier in writing of any claimsarising under this warranty.

15.4 Upon receipt of such notice, the Supplier shall, within the period specified inSCC and with all reasonable speed, repair or replace the defective Goods orparts thereof, without costs to the Purchaser.

15.5 If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in SCC, within a reasonable period, the Purchaser mayproceed to take such remedial action as may be necessary, at the Supplier’srisk and expense and without prejudice to any other rights which thePurchaser may have against the Supplier under the Contract.

16. Payment 16.1 The method and conditions of payment to be made to the Supplier under thisContract shall be specified in SCC.

16.2 The Supplier’s request(s) for payment shall be made to the Purchaser inwriting, accompanied by an invoice describing, as appropriate, the Goodsdelivered and Services performed, and by documents submitted pursuant toGCC Clause 10, and upon fulfillment of other obligations stipulated in theContract.

16.3 Payments shall be made promptly by the Purchaser, but in no case later thanthirty (30) days after submission of an invoice or claim by the Supplier.

16.4 The currency of payment is Pak. Rupees.

17. Prices 17.1 Prices charged by the Supplier for Goods delivered and Services performedunder the Contract shall not vary from the prices quoted by the Supplier in itsbid, with the exception of any price adjustments authorized in SCC or in thePurchaser’s request for bid validity extension, as the case may be.

18. Change Orders 18.1 The Purchaser may at any time, by a written order given to the Supplierpursuant to GCC Clause 31, make changes within the general scope of theContract in any one or more of the following:

(a) drawings, designs, or specifications, where Goods to be furnishedunder the Contract are to be specifically manufactured for the

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Purchaser;

(b) the method of shipment or packing;(c) the place of delivery; and/or

(d) the Services to be provided by the Supplier.

18.2 If any such change causes an increase or decrease in the cost of, or the timerequired for, the Supplier’s performance of any provisions under the Contract,an equitable adjustment shall be made in the Contract Price or deliveryschedule, or both, and the Contract shall accordingly be amended. Any claimsby the Supplier for adjustment under this clause must be asserted within thirty(30) days from the date of the Supplier’s receipt of the Purchaser’s changeorder.

19. Contract Amendments

19.1 Subject to GCC Clause 18, no variation in or modification of the terms of theContract shall be made except by written amendment signed by the parties.

20. Assignment 20.1 The Supplier shall not assign, in whole or in part, its obligations to performunder this Contract, except with the Purchaser’s prior written consent.

21. Subcontracts 21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awardedunder this Contract if not already specified in the bid. Such notification, in theoriginal bid or later, shall not relieve the Supplier from any liability orobligation under the Contract.

21.2 Subcontracts must comply with the provisions of GCC Clause 3.

22. Delays in the Supplier’s Performance

22.1 Delivery of the Goods and performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the Purchaser inthe Schedule of Requirements.

22.2 If at any time during performance of the Contract, the Supplier or itssubcontractor(s) should encounter conditions impeding timely delivery of theGoods and performance of Services, the Supplier shall promptly notify thePurchaser in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier’s notice, thePurchaser shall evaluate the situation and may at its discretion extend theSupplier’s time for performance, with or without liquidated damages, in whichcase the extension shall be ratified by the parties by amendment of Contract.

22.3 Except as provided under GCC Clause 25, a delay by the Supplier in theperformance of its delivery obligations shall render the Supplier liable to theimposition of liquidated damages pursuant to GCC Clause 23, unless anextension of time is agreed upon pursuant to GCC Clause 22.2 without theapplication of liquidated damages.

23. Liquidated Damages

23.1 Subject to GCC Clause 25, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under theContract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delayuntil actual delivery or performance, up to a maximum deduction of the percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 24.

24. Termination for Default

24.1 The Purchaser, without prejudice to any other remedy for breach of Contract,by written notice of default sent to the Supplier, may terminate this Contractin whole or in part:

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(a) if the Supplier fails to deliver any or all of the Goods within theperiod(s) specified in the Contract, or within any extension thereofgranted by the Purchaser pursuant to GCC Clause 22; or

(b) if the Supplier fails to perform any other obligation(s) under theContract.

(c) if the Supplier, in the judgment of the Purchaser has engaged in corruptor fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting ofanything of value to influence the action of a public official in theprocurement process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Procuring Agency, and includes collusive practiceamong Bidders (prior to or after bid submission) designed to establishbid prices at artificial non-competitive levels and to deprive theProcuring Agency of the benefits of free and open competition.

24.2 In the event the Purchaser terminates the Contract in whole or in part,pursuant to GCC Clause 24.1, the Purchaser may procure, upon such termsand in such manner as it deems appropriate, Goods or Services similar tothose undelivered, and the Supplier shall be liable to the Purchaser for anyexcess costs for such similar Goods or Services. However, the Supplier shallcontinue performance of the Contract to the extent not terminated.

25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22, 23, and 24, the Suppliershall not be liable for forfeiture of its performance security, liquidateddamages, or termination for default if and to the extent that it’s delay inperformance or other failure to perform its obligations under the Contract isthe result of an event of Force Majeure.

25.2 For purposes of this clause, “Force Majeure” means an event beyond thecontrol of the Supplier and not involving the Supplier’s fault or negligenceand not foreseeable. Such events may include, but are not restricted to, acts ofthe Purchaser in its sovereign capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions, and freight embargoes.

25.3 If a Force Majeure situation arises, the Supplier shall promptly notify thePurchaser in writing of such condition and the cause thereof. Unlessotherwise directed by the Purchaser in writing, the Supplier shall continue toperform its obligations under the Contract as far as is reasonably practical, andshall seek all reasonable alternative means for performance not prevented bythe Force Majeure event.

26. Termination for Insolvency

26.1 The Purchaser may at any time terminate the Contract by giving written noticeto the Supplier if the Supplier becomes bankrupt or otherwise insolvent. Inthis event, termination will be without compensation to the Supplier, providedthat such termination will not prejudice or affect any right of action or remedywhich has accrued or will accrue thereafter to the Purchaser.

27. Termination for Convenience

27.1 The Purchaser, by written notice sent to the Supplier, may terminate theContract, in whole or in part, at any time for its convenience. The notice oftermination shall specify that termination is for the Purchaser’s convenience,the extent to which performance of the Supplier under the Contract isterminated, and the date upon which such termination becomes effective.

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27.2 The Goods that are complete and ready for shipment within thirty (30) daysafter the Supplier’s receipt of notice of termination shall be accepted by thePurchaser at the Contract terms and prices. For the remaining Goods, thePurchaser may elect:

(a) to have any portion completed and delivered at the Contract terms andprices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount forpartially completed Goods and Services and for materials and partspreviously procured by the Supplier.

28. Resolution of Disputes

28.1 The Purchaser and the Supplier shall make every effort to resolve amicably bydirect informal negotiation any disagreement or dispute arising between themunder or in connection with the Contract.

28.2 If, after thirty (30) days from the commencement of such informalnegotiations, the Purchaser and the Supplier have been unable to resolveamicably a Contract dispute, either party may require that the dispute bereferred for resolution to the formal mechanisms specified in SCC. Thesemechanisms may include, but are not restricted to, conciliation mediated by athird party, adjudication in an agreed and/or arbitration.

29. Governing Language

29.1 The Contract shall be written in the language specified in SCC. Subject toGCC Clause 30, the version of the Contract written in the specified languageshall govern its interpretation. All correspondence and other documentspertaining to the Contract which are exchanged by the parties shall be writtenin the same language.

30. Applicable Law

30.1 The Contract shall be interpreted in accordance with the laws of IslamicRepublic of Pakistan.

31. Notices 31.1 Any notice given by one party to the other pursuant to this Contract shall besent to the other party in writing or by fax and confirmed in writing to theother party’s address specified in SCC.

31.2 A notice shall be effective when delivered or on the notice’s effective date,whichever is later.

32. Taxes and Duties

32.1 Supplier shall be entirely responsible for all taxes, duties, license fees, etc.,incurred until delivery of the contracted Goods to the Purchaser.

14.

15.

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Section VIII. Special Conditions of Contract

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there isa conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The correspondingclause number of the GCC is indicated in parentheses.

1. Definitions (GCC Clause 1)

GCC 1.1 (g)—The Purchaser is: THQ hospital, KALLAR SYEDAN, DISTRICT RWP, Government of thePunjab.

GCC 1.1 (h)—The Purchaser’s country is: Islamic Republic of Pakistan

GCC 1.1 (i)—The Supplier is:

GCC 1.1 (j)—The Project Site is: THQ hospital, KALLAR SYEDAN, DISTRICT RWP

2. Country of Origin (GCC Clause 3)

3. Performance Security (GCC Clause 7)

GCC 7.1—The amount of performance security, as a percentage of the Contract Price, shall be 5% (Five percent of the contract price) in the shape of non recourse, irrevocable and unconditional bank guarantee fromscheduled bank of Pakistan on the prescribed format attached with the bidding document.

4. Inspections and Tests (GCC Clause 8)

GCC 8.6—Inspection and tests prior to delivery of goods and at final acceptance are:-xi) For being Brand New, bearing relevant reference numbers of the equipment (Certificate

from supplier)xii) For Physical Fitness having No Damages (Certificate from supplier)xiii) For the Country of Origin as quoted by the Supplier (Certificate from manufacturer)xiv) For conformance to specifications and performance parameters, through Prior to delivery

inspection.xv) For successful operation at site after complete installation, testing and commissioning of the

equipment (Installation, Testing and Commissioning Report by THQ hospital, KALLARSYEDAN, DISTRICT RWP.)

5. Delivery and Documents (GCC Clause 10)

GCC 10.3— upon shipment, the Supplier shall notify the Purchaser the full details of the shipment, includingContract number, description of Goods, quantity and usual transport document. The Supplier shall mail thefollowing documents to the Purchaser:

(i) Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;(ii) Original and two copies of the usual transport document (for example, a negotiable bill of lading, a non-

negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a roadconsignment note, or a multimodal transport document) which the buyer may require to take the goods;

(iii) Copies of the packing list identifying contents of each package;(iv) Insurance Certificate;(v) Manufacturer’s or Supplier’s Valid Warranty Certificate;(vi) Inspection Certificate issued by the Nominated Inspection Agency (if any), and the Supplier’s Factory

Inspection Report; and

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(vii) Certificate of Origin.(viii) The above documents would be required even if the equipment has already been imported and is available

with the supplier ex-stock

6. Insurance (GCC Clause 11)

GCC 11.1— The Goods supplied under the Contract shall be Delivered Duty Paid (DDP) under which risk istransferred to the Buyer after having been delivered. Hence insurance coverage is seller’s responsibility. Sincethe Insurance is seller’s responsibility they may arrange appropriate coverage.

7. Incidental Services (GCC Clause 13)

GCC 13.1—Incidental services to be provided are:E) At site complete training of Purchaser’s nominated staff regarding maintenance and

operation of Goods.F) At site preventive maintenance on quarterly basis by the bidder’s qualified staff for one

year, starting from final acceptance of goods.

The rate must include cost for all kinds of labor, inputs and material required for above, and all applicable government taxes and levies. In case a separate rate is not provided by the bidder for the above items, it shall be deemed to have been covered in the overall quoted cost.

8. Warranty (GCC Clause 15)

GCC 15.2—In accordance with the provisions, the warranty period shall be 2000 hours of operation or 12months (parts and labor warranty) from date of Handing Over (Final Acceptance) of the Goods whicheveroccurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guaranteesspecified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained inwhole or in part, the Supplier shall, at its discretion, either:

(a) Make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessaryin order to attain the contractual guarantees specified in the Contract at its own cost and expense and tocarry out further performance tests in accordance with SCC 4,

or

(b) Pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees.The rate of these liquidated damages shall be 0.1 % of the contract price per day. The maximum amountof liquidated damages for the whole of the goods or part thereof shall be 5% of the contract price.

or

(c) Replacement of the whole unit at site including transportation, installation, testing & commissioning etc incase of major defect at his own cost.

GCC 15.4 & 15.5—the period for correction of defects in the warranty period is 72 hours.

9. Payment (GCC Clause 16)

GCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be asfollows:

Payment for Goods supplied:

Payment shall be made in Pak. Rupees in the following manner:

(iii) Payment against Delivered Goods: Upon submission of claim, the supplier shall be paid within thirty(30) days of receipt of the Goods at site after performing the requisite inspection and tests as mentionedin SCC 4.

12. Prices (GCC Clause 17)

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GCC 17.1—Prices shall be: Fixed.

13. Liquidated Damages (GCC Clause 23)GCC 23.1—Applicable rate: 0.1 % of contract price per day Maximum deduction: 5 % of contract price

14. Resolution of Disputes (GCC Clause 28)

GCC 28.3—the dispute resolution mechanism to be applied pursuant to GCC Clause 28.2 shall be as follows:

In the case of a dispute between the Purchaser and the Supplier, the dispute shall be referred to adjudication orarbitration in accordance with the Pakistan Arbitration Act, 1940.

15. Governing Language (GCC Clause 29)

GCC 29.1—The Governing Language shall be: English.

16. Applicable Law (GCC Clause 30)

GCC 30.1-The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan whichincludes the following legislation:

The Employment of Children (ECA) Act 1991The Bonded Labour System (Abolition) Act of 1992The Factories Act 1934

17. Notices (GCC Clause 31)

GCC 31.1—Purchaser’s address for notice purposes – Office of MEDICAL SUPRINTENDENT THQ hospital,KALLAR SYEDAN,DISTRICT RWP, Government of Punjab.

—Supplier’s address for notice purposes:

Section IXTentative Quantity to be procured

X-ray films & Radiology Accessories

Sr .# Name of Article Quantity

1. X-ray Films 12 X 15 60 PKTS

2. X-ray Films 10 X 12 50 PKTS

3. X-ray Films 08 X 10 50 PKTS

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4. Fixer (powder) 30 packets

5. Developer (powder) 30 packets

6. X-ray Hanger 8x10 (best quality) 20 Nos

7. X-ray Hanger 10x12 (best quality) 20 Nos

8. X-ray Hanger 12x15 (best quality) 20 Nos

9. X ray film markers 03 Nos

10. Intensifying screen ( All sizes) 04 pairs each

11. X ray envelopes 5000

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B I D D I N G D O C U M E N T

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Framework contract for Local Purchase ofMedicines and Disposables

For the year 2019-20 For

THQ HOSPITAL KALLAR SYEDAN DISTRICT RWP

CONTACT # 051-3570237

TENDER # THQ/CSS-LP/01/19-20

IPL NUMBER: IPL-7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

THQ HOSPITAL KALLAR SYEDANDISTRICT RWP

SPECIAL SPITULATIONS

(For the financial year 2019-20)

SPECIAL STIPULATIONS (BID DATA SHEET)

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For ease of Reference, certain special stipulations are as under:

Description Details

Last date and time for theSubmission of bidding doc.

10:00 am, 31 August 2019

Date, time and venue of opening of bid

10:30 am, 31 August 2019at office of Medical Superintendent

THQ Hospital Kallar syedan, District RWP

Language of bid English

Bid Security

(Earnest Money)

The Contractor shall furnish the Bid Security (earnest Money) as under:

• in the form of Demand Draft/ Pay Order/ Call DepositReceipt, in the name of the Medical Superintendent, Procuringagency; i.e. 2% /- of estimated cost.

• denominated in Pak Rupees; • Have a minimum validity period of 120 days from the

last date for submission of the Tender or until furnishing ofthe Performance Guarantee, whichever is later.

Bid Price Should be best and final prices including all applicable

taxes as no negotiations on the prices are allowed

Bid validity period 120 DaysBidding procedure Single stage – Two Envelop Procedure

Performance Guarantee 2% of bid/contract value

Contact Person for Communication:

MEDICAL SUPERINTENDENT,

PROCUREMENT OFFICER,

THQ Hospital Kallar syedan, District RWP

THQ HOSPITAL KALLAR SYEDAN DISTRICT RWP

Terms & Conditions

(For the financial year 2019-20)

Sealed offers are invited from interested firms/agencies of repute with financially sound

background involved in running institutional Medical store/Pharmacy business/Chain of

Pharmacies/Distributors having a valid Retail drug sale license for supply of drugs/medicines/surgical

Disposables. Tender should be sent in the name of the Medical Superintendent, THQ Hospital Kallar

syedan, District RWP along with the following documents.

Note: Attach this check list on front page of the Technical Bid.Sr. Knock Out Clauses Yes/No Page #

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No

1 Original receipt for purchase of tender

2

Bid Security amounting 2% of total estimated cost (04 million) in

the favor of Medical Superintendent THQ Hospital Kallar syedan,

District RWP, Should Be Attached With Financial Bid &

Photocopy Of The Same Attached With Technical Bid as

demanded in bidding document.3 Valid Drug sale License

4

Bidder shall submit an affidavit worth Rs. 100/- that he accepted all

terms and conditions of tender documents and PPRA rules 2014

(Amended 2016) and shall continue the same in future, duly signed

and stamped

5Certificate of free replacement on firm’s letter pad.

6Warranty certificate according to clause 23 (1) of Drug act 1976.

7For day to day purchase the bidder shall have its registered premises

within 10km radius of this hospital.8 National Tax Number certificate.9 Affidavit on Rs.50 stamp paper that firm is Not Black listed.

10Good practice certificate from at least two government/autonomous

institutions for last two financial years.

1. All the procurement procedures will be done strictly in accordance with the PPRA Rules, 2014

(Amended up to 2017). Single stage/two envelops bidding procedure shall be applied. The Envelops shall

be marked as FINANCIAL PROPOSAL and TECHNICAL PROPOSAL in bold and in legible letters.

Envelops shall then be sealed in an outer envelope. The Financial proposal of bids found technically non-

responsive shall be returned un-opened to the respective bidders.

2. The inner envelops shall also indicate the name and address of the of the bidder to enable the bidto be returned unopened in case it is declared as “non-responsive” or “late”.

3. The envelope must also clearly show the Bid title and bidder’s name and address. Failure to comply with this requirement may result in rejection of the bid and the committee decision in this regardshall be final. Bids submitted after the prescribed time shall not be entertained.

4. Only technical proposal will be opened by the tender opening committee. The financial proposal will be opened by tender opening committee of responsive/ technically successful bidders later on the declared time, place & date. Financial proposal of the non-responsive/ technically unsuccessful bidders will be returned as such to them on that date without opening their financial offers as per PPRA Rules 2014.5. All the pages of technical & financial bids should be marked as page. No.6. Substandard, broken seal & substituted bids will not be acceptable.

7. Tenderer must have valid Drug Sale License, should be financially sound and well reputed. Badreputed will not be entertained.

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8. Bids shall remain valid for a period of three months after opening of Technical bid. A bid valid for

shorter period shall be rejected as non-responsive. Extendable equal to the period of the original bid

validity.

9. Facility of the supplies must be available round the clock.

10. Contract will be awarded to the tenderer offering highest discount to the Hospital.

11. The validity of the contract will be till 30-06-2019, extendable for three (03) months.

12. The offered discounts shall be from the maximum retail prices of medicines fixed by the

Government of the Pakistan or Manufacturers (where government has permitted to do so) or sole importers.

Offers can be given on the basis of,

i. Products of National Pharmaceuticals

ii. Products of Multinational Pharmaceuticals

iii. Surgical Disposables/implants etc.

13. For the calculation of maximum retail price of those items where price is not printed on the product

the retail price will be finalized after survey. In this regard the decision of hospital pharmacy incharge will

be final.

14. The tenderer must have the valid drug sale license and should have the comprehensive storage

facilities for drugs/medicines.

15. The supplier/tenderer background should be financially sound, based on authentic bank statement.

16. The supplier/tenderer shall be solely responsible for provision and stocking of quality medicines at

all times strictly in accordance with the provision of the drug act 1976 and drug sales rules 2007/DRAP Act

2012 and will be responsible for the quality/quantity of drugs supplied by him/her.

17. The supplier/tenderer shall ensure availability of wide range of medicines including those contained

in hospital Formulary. No alternate shall be acceptable. In case of default, the Hospital administration may

take appropriate action including fine to be decided by hospital administration.

18. The price of medicines/surgical disposable item shall in no way be more than the market prices

(retail price) and the discount offered by the bidders to the hospital will be based on its maximum retail

price.

19. Clarification of Bids:

No bidder shall be allowed to alter or modify his bid after the bid has been opened. However the procuring

agency may seek and accept clarifications to the bid that do not change the substance of the bid.

20. Limitation on Negotiation’s:

There shall be no negotiations with the bidder.

21. Rejection of Bids:

The authority may reject all bids or proposals at any time prior to the award of contract without assigning

any reason.

22. Any consignment of medicine/disposables items not acceptable in term of quality to the end user,

doctor may refuse partial/full quantity and contractor shall replace the same immediately.

23. Acceptance of Bids:

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The bidder with the highest discount, if not conflict in any other law, rules, regulations or policy of the

Government of Punjab, shall be awarded the procurement award.

24. Performance Guarantee:

The successful bidder shall furnish performance security 2% of total estimated L.P budget in addition to

bid security already deposited by the firm. The performance security shall be deposited in the shape of cash

deposit receipt.

25. Contract form:

The successful bidder shall sign a contract form on 1000/- Rupees stamp paper that is available at the end

of bidding document.

26. The successful bidder should maintain adequate quantity of medicines mentioned in Punjab

Medicine Formulary 2017-18 & Hospital medicine trend list, which can be collected from the hospital

medicine store at any time.

27. Qualification of Suppliers and Contractors:

A procuring agency, at any stage of the procurement proceedings, may require the suppliers or contractors to

provide information concerning their professional, technical, financial, legal or managerial competence

whether already prequalified or not.

28. No Offer Will Be Considered If It:

2) Is submitted without call deposit by registered firm in the name of Medical Superintendent

THQ Hospital Kallar syedan, District RWP.

3) Is received after the date and time fixed for its receipt.

4) Is unsigned.

5) Is ambiguous

6) Is over written

7) Is conditional

8) Is given by the firm black listed, suspended or removed from the approval list of the Health

Department Government of Punjab, Autonomous Health institutions or by the Federal

Government.

9) Is received with a validity period shorter than that required in the tender inquiry.

10) Does not conform to the general conditions of the tender inquiry.

11) Is received without earnest money as specified in the tender.

29. All the pages of tender must be signed properly at the bottom.

30. Successful bidder is bound to supply the full ordered quantities of all the desired brands except

those, which are actually not available in the market.

31. Inspections and Test/Analysis:

The supplier will be responsible for free replacement of stocks if found not of the same specifications as

required on the demand from day to day basis. In case of non-supply the same will be purchased from the

local market and the amount will be deducted from the bills of contractor pending in the purchase

department.

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Unregistered/substandard/spurious/misbranded expired drug will be forfeited by the hospital authorities and

legal action will be taken against the Contractor. The contractor shall be responsible for providing standard

quality medicines/ disposable/items.

32. In case of any dispute the decision of the Medical superintendent/ Grievance Committee of THQ

Hospital Kallar syedan, District RWP, will be final.

CONTRACT FORM

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:

WHEREAS the Purchaser invited bids for certain goods, viz., [brief description of goods and services] and hasaccepted a bid by the Supplier for the supply of those goods in the sum of [contract price in words and figures](hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

2. The offered discounts shall be from the maximum retail prices of medicines fixed by theGovernment of the Pakistan or Manufacturers (where government has permitted to do so) or sole importers.

3. The supplier/tenderer shall ensure availability of wide range of medicines including those containedin hospital trend list & PMF 2017-18. No alternate shall be acceptable. In case of default, the Hospitaladministration may take appropriate action including fine to be decided by hospital administration.

4. The supplier will be responsible for free replacement of stocks if found not of the samespecifications as required on the demand from day to day basis. In case of non-supply the same will bepurchased from the local market and the amount will be deducted from the bills of contractor pending in thepurchase department.

5. The successful bidder shall furnish performance security 2% of total estimated L.P budget inaddition to bid security already deposited by the firm. The performance security shall be deposited in theshape of cash deposit receipt.

6. In case of any dispute the decision of the Medical superintendent/ Grievance Committee of THQHospital Kallar syedan, District RWP, will be final.

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

Signed, sealed, delivered by the (for the Purchaser)

Signed, sealed, delivered by the (for the Supplier)

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BID EVALUATION CRITERIA

For the Procurement of

LOCAL PURCHASE OF MEDICINES & SURGICAL DISPOSABLES ITEMS

At

THQ HOSPITAL KALLAR SYEDAN, DISTRICT RWP

TECHNICAL EVALUATION

Sr. # DOCUMENTS NEEDED CHECKLIST1 Original receipt for purchase of tender

2

Copy of Bid Security amounting

2% of total estimated cost (2 million)

in the favor of Medical Superintendent

THQ Hospital Kallar syedan, District RWP,3 Valid Drug sale License

4Affidavit worth Rs. 100/- for acceptance of all terms and conditions of tender

documents and PPRA rules 2014 (Amended 2016)

5Certificate of free replacement on firm’s letter pad.

6Warranty certificate according to clause 23 (1) of Drug act 1976.

7For day to day purchase the bidder shall have its registered premises within

10km radius of this hospital.8 National Tax Number certificate.9 Affidavit on Rs.50 stamp paper that firm is Not Black listed.10 Attested CNIC copy11 Good practice certificate

FINANCIAL EVALUATION

Sr. # DOCUMENTS NEEDED CHECKLIST1 Financial Proposal (Price Schedule) on letter pad of the firm

2 Bid Security (ORIGINAL)

FINANCIAL PROPOSAL/PRICE SCHEDULE

Sr. No Item/Description Discount % (Infigures) Discount (In words)

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1. Products of NationalPharmaceuticals

2. Products of MultinationalPharmaceuticals

3. Surgical/ Disposable Items

B I D D I N G D O C U M E N T

Framework Contract for PURCHASE OF STATIONARY ITEMS

For the year 2019-2020AT

THQ HOSPITAL KALLAR SYEDAN DISTRICT RAWALPINDI

CONTACT # 051-3570237TENDER # THQ/STN/2019-20

IPL NUMBER: IPL-7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

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Section IINSTRUCTION TO BIDDERS

INTRODUCTION1. Source of

Funds1.1 The Procuring Agency named in the Bid Data Sheet has received budget from

the Government of Punjab. The Procuring Agency intends to apply a portionof the proceeds of this budget to eligible payments under the contract forwhich this Invitation for Bids is issued.

2. Eligible Bidders

2.1 This Invitation for Bids is open to all suppliers, except as provided hereinafter.2.2 Bidders should not be associated, or have been associated in thewith a firm or any of its affiliates which have been engaged by the Procuring Agency

to provide consulting services for the preparation of the design, specifications,and other documents to be used for the procurement of the goods to bepurchased under this Invitation for Bids.

2.3 Government-owned enterprises may participate only if they are legally andfinancially autonomous, if they operate under commercial law, and if they arenot a dependent agency of the Government.

2.4 Bidders shall not be under a declaration of blacklisting by any Governmentdepartment or Punjab Procurement Regulatory Authority (PPRA).

3. Eligible Goods and Services

3.1 All goods and related services to be supplied under the contract shall havetheir origin in eligible source countries, defined in the Bid Data Sheet (BDS),and all expenditures made under the contract will be limited to such goods andservices.

3.2 For purposes of this clause, “origin” means the place where the goods aremined, grown, or produced, or the place from which the related services aresupplied. Goods are produced when, through manufacturing, processing, orsubstantial and major assembly of components, a commercially-recognizedproduct results that is substantially different in basic characteristics or inpurpose or utility from its components.

3.3 The origin of goods and services is distinct from the nationality of the Bidder.

4. Cost of Bidding

4.1 The Bidder shall bear all costs associated with the preparation and submissionof its bid, and the Procuring Agency named in the Bid Data Sheet, hereinafterreferred to as “the Purchaser,” will in no case be responsible or liable for thosecosts, regardless of the conduct or outcome of the bidding process.

BIDDING DOCUMENTS

5. Content of Bidding Documents

5.1 The goods required, bidding procedures, and contract terms are prescribed inthe bidding documents. In addition to the Invitation for Bids, the biddingdocuments include:

(a) Instructions to Bidders (ITB)(b) Schedule of Requirements(c) Technical Specifications(d) Price Schedules (e) Contract Form

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(f) General Conditions of Contract (GCC)(g) Special Conditions of Contract (SCC)

5.2 The Bidder is expected to examine all instructions, forms, terms, andspecifications in the bidding documents. Failure to furnish all informationrequired by the bidding documents or to submit a bid not substantiallyresponsive to the bidding documents in every respect will be at the Bidder’srisk and may result in the rejection of its bid.

6. Clarification ofBidding Documents

6.1 A prospective Bidder requiring any clarification of the bidding documentsmay notify the Purchaser in writing or by email at the Purchaser’s addressindicated in ITB Clause 19.1. The Purchaser will respond in writing to anyrequest for clarification of the bidding documents which it receives no laterthan three (3) days prior to the deadline for the submission of bids prescribedin the Bid Data Sheet. Written copies of the Purchaser’s response (includingan explanation of the query but without identifying the source of inquiry) willbe sent to all prospective bidders that have received the bidding documents.

7. Amendment ofBidding Documents

7.1 At any time prior to the deadline for submission of bids, the Purchaser, for anyreason, whether at its own initiative or in response to a clarification requestedby a prospective Bidder, may modify the bidding documents by amendment.

7.2 All prospective bidders that have received the bidding documents will benotified of the amendment in writing or by email, and will be bidding onthem.

7.3 In order to allow prospective bidders reasonable time in which to take theamendment into account in preparing their bids, the Purchaser, at itsdiscretion, may extend the deadline for the submission of bids.

PREPARATION OF BIDS8. Language of

Bid8.1 The bid prepared by the Bidder, as well as all correspondence and documents

relating to the bid exchanged by the Bidder and the Purchaser shall be writtenin the language specified in the Bid Data Sheet. Supporting documents andprinted literature furnished by the Bidder may be in same language.

9. Documents Comprising the Bid

9.1 The bid prepared by the Bidder shall comprise the following components:(a) a Bid Form and a Price Schedule completed in accordance with ITB

Clauses 10, 11, and 12;(b) documentary evidence established in accordance with ITB Clause 13

that the Bidder is eligible to bid and is qualified to perform the contractif its bid is accepted;

(c) documentary evidence established in accordance with ITB Clause 14that the goods and ancillary services to be supplied by the Bidder areeligible goods and services and conform to the bidding documents; and

(d) bid security furnished in accordance with ITB Clause 15.

10. Bid Form 10.1 The Bidder shall complete the Bid Form and the appropriate Price Schedulefurnished in the bidding documents, indicating the goods to be supplied, abrief description of the goods, and their country of origin, quantity, and prices.

11. Bid Prices 11.1 The Bidder shall indicate on the appropriate Price Schedule the unit prices(where applicable) and total bid price of the goods it proposes to supply underthe contract.

11.2 Prices indicated on the Price Schedule shall be delivered duty paid (DDP)prices.

11.3 The Bidder’s separation of price components in accordance with ITB Clause11.2 above will be solely for the purpose of facilitating the comparison of bidsby the Purchaser and will not in any way limit the Purchaser’s right tocontract on any of the terms offered.

11.4 Prices quoted by the Bidder shall be fixed during the Bidder’s performance ofthe contract and not subject to variation on any account, unless otherwisespecified in the Bid Data Sheet. A bid submitted with an adjustable pricequotation will be treated as nonresponsive and will be rejected, pursuant to

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ITB Clause 24.

12. Bid Currencies 12.1 Prices shall be quoted in Pak Rupees unless otherwise specified in the BidData Sheet.

13. Documents Establishing Bidder’s Eligibility and Qualification

13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the Bidder’s eligibility to bid and its qualifications toperform the contract if its bid is accepted.

13.2 The documentary evidence of the Bidder’s eligibility to bid shall establish tothe Purchaser’s satisfaction that the Bidder, at the time of submission of itsbid, is eligible as defined under ITB Clause 2.

13.3 The documentary evidence of the Bidder’s qualifications to perform thecontract if its bid is accepted shall establish to the Purchaser’s satisfaction:

(a) that, in the case of a Bidder offering to supply goods under the contractwhich the Bidder did not manufacture or otherwise produce, the Bidderhas been duly authorized by the goods’ Manufacturer or producer tosupply the goods in Pakistan;

(b) that the Bidder has the financial, technical, and production capabilitynecessary to perform the contract;

(c) that, in the case of a Bidder not doing business within Pakistan, theBidder is or will be (if awarded the contract) represented by an Agentin that country equipped, and able to carry out the Supplier’smaintenance, repair, and spare parts-stocking obligations prescribed inthe Conditions of Contract and/or Technical Specifications; and

(d) That the Bidder meets the qualification criteria listed in the Bid DataSheet.

14. Documents Establishing Goods’ Eligibility and Conformity to Bidding Documents

14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid,documents establishing the eligibility and conformity to the biddingdocuments of all goods and services which the Bidder proposes to supplyunder the contract.

14.2 The documentary evidence of the eligibility of the goods and services shallconsist of a statement in the Price Schedule of the country of origin of thegoods and services offered which shall be confirmed by a certificate of originissued at the time of shipment.

14.3 The documentary evidence of conformity of the goods and services to thebidding documents may be in the form of literature, drawings, and data, andshall consist of:

(a) a detailed description of the essential technical and performancecharacteristics of the goods;

(b) a list giving full particulars, including available sources and currentprices of spare parts, special tools, etc., necessary for the proper andcontinuing functioning of the goods for a period to be specified in theBid Data Sheet, following commencement of the use of the goods bythe Purchaser; and

(c) an item-by-item commentary on the Purchaser’s TechnicalSpecifications demonstrating substantial responsiveness of the goodsand services to those specifications, or a statement of deviations andexceptions to the provisions of the Technical Specifications.

14.4 For purposes of the commentary to be furnished pursuant to ITB Clause14.3(c) above, the Bidder shall note that standards for workmanship, material,and equipment, as well as references to brand names or catalogue numbersdesignated by the Purchaser in its Technical Specifications, are intended to bedescriptive only and not restrictive. The Bidder may substitute alternativestandards, brand names, and/or catalogue numbers in its bid, provided that itdemonstrates to the Purchaser’s satisfaction that the substitutions ensure

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substantial equivalence to those designated in the Technical Specifications.

15. Bid Security 15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bidsecurity in the amount specified in the Bid Data Sheet.

15.2 The bid security is required to protect the Purchaser against the risk ofBidder’s conduct which would warrant the security’s forfeiture, pursuant toITB Clause 15.7.

15.3 The bid security shall be in Pak. Rupees and shall be in one of the followingforms:(e) Bank call-deposit (CDR), Demand Draft (DD), Pay Order (PO) or

Banker’s cheque valid for thirty (30) days beyond the validity of bid.15.4 Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be

rejected by the Purchaser as nonresponsive, pursuant to ITB Clause 24.15.5 Unsuccessful bidders’ bid security will be discharged or returned as promptly

as possible but not later than thirty (30) days after the expiration of the periodof bid validity prescribed by the Purchaser pursuant to ITB Clause 16.

15.6 The successful Bidder’s bid security will be discharged upon the Biddersigning the contract, pursuant to ITB Clause 31, and furnishing theperformance security, pursuant to ITB Clause 32.

15.7 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specifiedby the Bidder on the Bid Form; or

(b) in the case of a successful Bidder, if the Bidder fails:(i) to sign the contract in accordance with ITB Clause 31; or(ii) to furnish performance security in accordance with ITB Clause

32.

16. Period of Validity of Bids

16.1 Bids shall remain valid for the period specified in the Bid Data Sheet after thedate of bid opening prescribed by the Purchaser, pursuant to ITB Clause 19.A bid valid for a shorter period shall be rejected by the Purchaser asnonresponsive.

16.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consentto an extension of the period of validity. The request and the responsesthereto shall be made in writing (or by email). The bid security providedunder ITB Clause 15 shall also be suitably extended. A Bidder may refuse therequest without forfeiting its bid security. A Bidder granting the request willnot be required nor permitted to modify its bid, except as provided in ITBClause 16.3.

16.3 In the case of fixed price contracts, if the award is delayed by a periodexceeding sixty (60) days beyond the expiry of the initial bid validity, thecontract price will be adjusted by a factor specified in the request forextension.

17. Format and Signing of Bid

17.1 The Bidder shall prepare an original and the number of copies of the bidindicated in the Bid Data Sheet, clearly marking each “ORIGINAL BID” and“COPY OF BID,” as appropriate. In the event of any discrepancy betweenthem, the original shall govern.

17.2 The original and the copy or copies of the bid shall be typed or written inindelible ink and shall be signed by the Bidder or a person or persons dulyauthorized to bind the Bidder to the contract. All pages of the bid, except forunamended printed literature, shall be initialed by the person or personssigning the bid.

17.3 Any interlineation, erasures, or overwriting shall be valid only if they areinitialed by the person or persons signing the bid.

17.4 The Bidder shall furnish information as described in the Form of Bid oncommissions or gratuities, if any, paid or to be paid to agents relating to thisBid, and to contract execution if the Bidder is awarded the contract.

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SUBMISSION OF BIDS18. Sealing and

Marking of Bids

18.1 The Bidder shall seal the original envelopes 18.2 The inner and outer envelopes shall:

(a) be addressed to the Purchaser at the address given in the Bid DataSheet; and

(b) bear the title of procurement Activity indicated in the Bid Data Sheet,the Invitation for Bids (IFB) title and number indicated in the Bid DataSheet, and a statement: “DO NOT OPEN BEFORE,” to be completedwith the time and the date specified in the tender notice.

18.3 The inner envelopes shall also indicate the name and address of the Bidder toenable the bid to be returned unopened in case it is declared “late”.

18.4 If the outer envelope is not sealed and marked the Purchaser will assume noresponsibility for the bid’s misplacement or premature opening.

19. Deadline for Submission of Bids

19.1 Bids must be received by the Purchaser at the address specified as in TenderNotice not later than the time and date specified in the Tender notice.

19.2 The Purchaser may, at its discretion, extend this deadline for the submissionof bids by amending the bidding documents in accordance with ITB Clause 7,in which case all rights and obligations of the Purchaser and bidderspreviously subject to the deadline will thereafter be subject to the deadline asextended.

20. Late Bids 20.1 Any bid received by the Purchaser after the deadline for submission of bidsprescribed by the Purchaser pursuant to ITB Clause 19 will be rejected andreturned unopened to the Bidder.

21. Modification and Withdrawal of Bids

21.1 The Bidder may modify or withdraw its bid after the bid’s submission,provided that written notice of the modification, including substitution orwithdrawal of the bids, is received by the Purchaser prior to the deadlineprescribed for submission of bids.

21.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed,marked, and dispatched in accordance with the provisions of ITB Clause 18.A withdrawal notice may also be sent by email, but followed by a signedconfirmation copy, postmarked not later than the deadline for submission ofbids.

21.3 No bid may be modified after the deadline for submission of bids.21.4 No bid may be withdrawn in the interval between the deadline for submission

of bids and the expiration of the period of bid validity specified by the Bidderon the Bid Form. Withdrawal of a bid during this interval may result in theBidder’s forfeiture of its bid security, pursuant to the ITB Clause 15.7.

OPENING AND EVALUATION OF BIDS

22. Opening of Bids by the Purchaser

22.1 The Purchaser will open all bids in the presence of bidders’ representativeswho choose to attend, at the time, on the date, and at the place specified in theBid Data Sheet. The bidders’ representatives who are present shall sign anattendance sheet evidencing their presence.

22.2 The bidders’ names, bid modifications or withdrawals, bid prices, discounts,and the presence or absence of requisite bid security and such other details asthe Purchaser, at its discretion, may consider appropriate, will be announced atthe opening. No bid shall be rejected at bid opening, except for late bids,which shall be returned unopened to the Bidder pursuant to ITB Clause 20.

22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are not openedand read out at bid opening shall not be considered further for evaluation,irrespective of the circumstances. Withdrawn bids will be returned unopenedto the bidders.

22.4 The Purchaser will prepare minutes of the bid opening.

23. Clarification of 23.1 During evaluation of the bids, the Purchaser may, at its discretion, ask the

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Bids Bidder for a clarification of its bid. The request for clarification and theresponse shall be in writing, and no change in the prices or substance of thebid shall be sought, offered, or permitted.

24. Preliminary Examination

24.1 The Purchaser will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required suretieshave been furnished, whether the documents have been properly signed, andwhether the bids are generally in order.

24.2 Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail, and thetotal price shall be corrected. If the Supplier does not accept the correction ofthe errors, its bid will be rejected, and its bid security may be forfeited. Ifthere is a discrepancy between words and figures, the amount in words willprevail.

24.3 The Purchaser may waive any minor informality, nonconformity, orirregularity in a bid which does not constitute a material deviation, providedsuch waiver does not prejudice or affect the relative ranking of any Bidder.

24.4 Prior to the detailed evaluation, pursuant to ITB Clause 25 the Purchaser willdetermine the substantial responsiveness of each bid to the biddingdocuments. For purposes of these Clauses, a substantially responsive bid isone which conforms to all the terms and conditions of the bidding documentswithout material deviations. Deviations from, or objections or reservations tocritical provisions, such as those concerning Bid Security (ITB Clause 15),Applicable Law (GCC Clause 30), and Taxes and Duties (GCC Clause 32),will be deemed to be a material deviation. The Purchaser’s determination of abid’s responsiveness is to be based on the contents of the bid itself withoutrecourse to extrinsic evidence.

24.5 If a bid is not substantially responsive, it will be rejected by the Purchaser andmay not subsequently be made responsive by the Bidder by correction of thenonconformity.

25. Qualification & Evaluation of Bids

25.1 In the absence of prequalification, the Purchaser will determine to itssatisfaction whether the Bidder is qualified to perform the contractsatisfactorily, in accordance with the criteria.

25.2 The determination will take into account the Bidder’s financial, technical, andproduction capabilities. It will be based upon an examination of thedocumentary evidence of the Bidder’s qualifications submitted by the Bidder,pursuant to ITB Clause 13.3, as well as such other information as thePurchaser deems necessary and appropriate.

25.3 The Purchaser will technically evaluate and compare the bids which havebeen determined to be substantially responsive, pursuant to ITB Clause 24, asper Technical Specifications required.

25.4 The Purchaser’s financial evaluation of a bid will be on delivered duty paid(DDP) price inclusive of prevailing taxes and duties.

26. Contacting the Purchaser

26.1 Subject to ITB Clause 23, no Bidder shall contact the Purchaser on any matterrelating to its bid, from the time of the bid opening to the time evaluationreport is made public i.e. 10 days before the contract is awarded. If the Bidderwishes to bring additional information or has grievance to the notice of thePurchaser, it should do so in writing.

26.2 Any effort by a Bidder to influence the Purchaser during bid evaluation, or bidcomparison may result in the rejection of the Bidder’s bid.

AWARD OF CONTRACT

27. Award Criteria 27.1 Subject to ITB Clause 30, the Purchaser will award the contract to thesuccessful Bidder whose bid has been determined to be substantiallyresponsive and has been determined to be the lowest evaluated bid, providedfurther that the Bidder is determined to be qualified to perform the contract

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satisfactorily.

28. Purchaser’s Right to Vary Quantities at Time of Award

28.1 The Purchaser reserves the right at the time of contract award to increase ordecrease, by the percentage indicated in the Bid Data Sheet, the quantity ofgoods and services originally specified in the Schedule of Requirementswithout any change in unit price or other terms and conditions.

29. Purchaser’s Right to Accept or Reject All Bids

29.1 The Purchaser reserves the right to accept or reject all bids, and to annul thebidding process at any time prior to contract award, without thereby incurringany liability to the Bidder or bidders or any obligation to inform the Bidder orbidders of the grounds for the Purchaser’s action.

30. Notification of Award

30.1 Prior to the expiration of the period of bid validity, the Purchaser will notifythe successful Bidder in writing by registered letter or by email, to beconfirmed in writing by registered letter, that its bid has been accepted.

30.2 The notification of award will constitute the formation of the Contract.30.3 Upon the successful Bidder’s furnishing of the performance security pursuant

to ITB Clause 33, the Purchaser will promptly notify each unsuccessfulBidder and will discharge its bid security, pursuant to ITB Clause 15.

31. Signing of Contract

31.1 At the same time as the Purchaser notifies the successful Bidder that its bidhas been accepted, the Purchaser will send the Bidder the Contract Formprovided in the bidding documents, incorporating all agreements between theparties.

31.2 Within seven (07) days of receipt of the Contract Form, the successful Biddershall sign and date the contract and return it to the Purchaser.

32 Performance Security

32.1 Within fourteen (14) days of the receipt of notification of award from thePurchaser, the successful Bidder shall furnish the performance security 5%of the contract amount.

32.2 Failure of the successful Bidder to comply with the requirement of ITBClause 32 or ITB Clause 33.1 shall constitute sufficient grounds for theannulment of the award and forfeiture of the bid security, in which event thePurchaser may make the award to the next lowest evaluated Bidder or call fornew bids.

33. Corrupt or Fraudulent Practices

33.1 The Procuring Agency requires that Bidders, Suppliers, and Contractorsobserve the highest standard of ethics during the procurement and executionof contracts. For the purposes of this provision, the terms set forth below aredefined as follows:

(x) “corrupt practice” means the offering, giving, receiving or soliciting anything ofvalue to influence the action of a public official in theprocurement process or in contract execution; and

(xi) “fraudulent practice” means a misrepresentation of facts in order to influence aprocurement process or the execution of a contract to thedetriment of the Procuring Agency,

(xii) “collusive practice” is an arrangement among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial, non-competitive levels for any wrongful gains, and to deprive theProcuring Agency of the benefits of free and open competition;

(b) The Procuring Agency will reject a proposal for award ifit determines that the Bidder recommended for award has engagedin corrupt or fraudulent practices in competing for the contract in

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question;

(c) The Procuring Agency will sanction a firm, in accordancewith prevailing Blacklisting procedures under Punjab ProcurementRules 2014, if it at any time determines that the firm has engagedin corrupt or fraudulent practices in competing for, or in executing,a Bank-financed contract.

33.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 5.4and sub-clause 24.1 of the General Conditions of Contract.

Section II. Bid Data Sheet

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

IntroductionITB 1 Name of Procuring Agency: THQ hospital KALLAR SYEDAN , Government of

the Punjab

ITB 2 Name of Procurement: Frame work Contract for purchase of STATIONAERY ITEMS

ITB 3 Name of Purchaser: Procuring Agency THQ hospital, KALLAR SYEDAN,DISTRICT RAWALPINDI

ITB 4 For clarification purposes, the Employer’s address is:THQ HOSPITAL KALLAR SYEDAN PINDI ROAD KALLAR SYEDAN,DISTRICT RAWALPINDI.

ITB 5 Language of the bid – English

Bid Price and CurrencyITB 6 The price quoted shall be Delivered Duty Paid at the following locations in

accordance with the Schedule of Requirements including the delivery charges:THQ hospital, KALLAR SYEDAN ,DISTRICT RAWALPINDI

ITB 7 The price shall be in Pak Rupees and shall be fixed.

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Preparation and Submission of Bids

ITB 8

g. Certificate of Incorporation of bidder’s firm showing its location and the date of registration etc.

h. NTN Registration Certificate

ITB 9 Amount of Bid Security:

Package Item Bid Security

1Frame work Contract for purchase ofSTATIONAERY ITEMS

2 % of the estimatedcost

Bids shall be in the prescribed format, sealed and accompanied by the BidSecurity in the form of Call Deposit, Bank Draft, or Pay Order in favor of medicalsuperintendent THQ Hospital, DISTRICT RAWALPINDI , having its validity 90days from the date of opening of bid.

ITB 10 Bid Validity Period: 90 days after the date of opening of bid.

ITB 11 Number of Copies: Original along with one Copy of the bid. Bids must beaccompanied by unit price and total price.

ITB 12 Address for Bid Submission: THQ HOSPITAL KALLAR SYEDANDISTRICT RAWALPINDI

ITB 13 Deadline for Bid Submission: 31 AUG 2019 10:00 a.m.

ITB 14 Time, Date, and Place for Bid Opening: On 31 Aug 2019 at 10:30 a.m. at THQ hospital, Kallar Syedan DistrictRawalpindi.

Bid EvaluationITB 15 Criteria for bid evaluation: Lowest Delivered Duty Paid (DDP) Total Price offered

by the qualified responsive bidder.

Contract AwardITB 16 Percentage for quantity increase or decrease:

15 % of total contract value

16. Section III.

17. Schedule of Requirements

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The delivery schedule expressed as weeks stipulates hereafter a delivery date which is the date of delivery required.

TABLE 1 DELIVERY SCHEDULE

Location ItemDelivery Period from the date ofNotification of Award/supply order

THQ hospital,KALLAR SYEDAN

DISTRICTRAWALPINDI

Frame work Contract for purchase ofSTATIONARY ITEMS

Supply order will be issued as perneed and delivery period is 15 days.

Location ItemPENALTY from the date of supply

order

THQ hospital,KALLAR SYEDAN

DISTRICTRAWALPINDI

Frame work Contract for purchase ofSTATIONARY ITEMS.

@ 0.5% per day of the purchaseorder amount after 15 day will be

imposed

Section IV Technical Specifications

CRITERIA FOR TECHNICAL EVALUATION OF THE TENDER

Knock out criteria will be adopted.

Documents Checklist

Sr. No. Detail/Name of Document Yes No

14. Bid Security in shape P.O/DD/CDR

15. Attested Photocopy of CNIC of Owners/Directors/Partners

16.Affidavit of Non-blacklisting at stamp paper worth Minimum Rs.100/-

17. Company Profile all staff including their qualification

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18. National Tax Number Certificate

19. Bank statement of last 2 years up to Dec 2018.

Note: Firms have to provide samples along with the tender submission.

Section VPRICE SCHEDULE

Sr no Item NameTentativequantity

Price offeredper unit

12. Marker Piano (blue) 300 Nos

13. Stock Register (medicine,equipment,linenetc) 400 pages 30 Nos

14. Plain Register (100 pages) 300 Nos

15. Computer Paper A4 Size 70 gram 200 rims

16. Computer Paper A4 Size 68 gram 100 rims17. Computer Paper LegaL Size (70 gram) 100 rims18. Computer Paper LegaL Size (68 gram) 50 rims19. Common Pin 200 Box20. Calculator (best quality) 20 Nos21. Highlighter (different colors) 100 Nos22. Permanent Black Marker 200 Nos23. Office Diary 50 Nos24. File Cover D-Ring 200 Nos25. File Tage 100 set26. Led Pencil 200 Nos27. Ball Points blue 5000 Nos28. Ball Points black 500 Nos29. Ball Points Red 500 Nos30. Notice Board Pins 150 Box31. Ball Point Signo (Blue) Gel 250 Nos32. Ball Point Signo (red) Gel 150 Nos33. Ball Point Signo (black) Gel 100 Nos34. Ball Point Signo (Green) Gel 50 Nos35. Board Marker (Black) 50 Nos36. Gum stick (Medium size) 150 Nos37. Box Files Imported (Different color) 500 Nos

38.File Cover

(Thq hospital choa saidan shah logo) 2000 Nos

39. Blue ink for stamp pad 40 Nos40. Page cuter (good quality) 20 Nos41. Paper clips 150 box42. Ink blue 60ml botle 10 Nos43. Pencil sharpner fine 40 Nos44. stiky notes 3x3 (100/pack) 100 packs45. stapler pin remover 50 Nos46. Foot ruler steel 50 Nos

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47. White correcting fLuid pen 50 Nos48. Enevelope size 8x10 (pack of 100) 50 Nos49. Enevelope size 11x15 (pack of 100) 10 Nos50. Enevelope size Large size (pack of 100) 10 Nos51. Enevelope A4 size (pack of 100) 20 Nos52. stapler (Good quality) standard size 100 Nos53. Stapler large heavy duty 03 Nos54. stapler pin (standard size) 500 Pack55. stapler pin large heavy duty 20 pack56. stamp pad ink 20 unit57. Binding tape (3mm) 150 Nos58. punching machine 2 hole 20 Nos59. Dispatch register (100 pages) 10 Nos60. standard Notice board 3x4 10 Nos61. Page holer 02 Nos62. Atendance Register 10 Nos

IMPORTANT NOTE:

18. Items for which samples are needed must be collected from procurement officer office before bid submission. No bid will be accepted without samples.

19.

Section VI. Contract Forms

1.

2. 1. Contract Form

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:

WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [brief description of goods andservices] and has accepted a bid by the Supplier for the supply of those goods and services in the sum of [contractprice in words and figures] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:(a) the Bid Form and the Price Schedule submitted by the Bidder;(b) the Schedule of Requirements;

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(c) the Technical Specifications;(d) the General Conditions of Contract;(e) the Special Conditions of Contract; and(f) the Purchaser’s Notification of Award.

3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, theSupplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein inconformity in all respects with the provisions of the Contract

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods andservices and the remedying of defects therein, the Contract Price or such other sum as may become payable under theprovisions of the contract at the times and in the manner prescribed by the contract.

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

Signed, sealed, delivered by the (for the Purchaser)

Signed, sealed, delivered by the (for the Supplier)

Section VII. General Conditions of Contract

1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between thePurchaser and the Supplier, as recorded in the Contract Form signed bythe parties, including all attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.

(c) “The Goods” means all of the equipment, machinery, and/or othermaterials which the Supplier is required to supply to the Purchaserunder the Contract.

(d) “The Services” means those services ancillary to the supply of theGoods, such as transportation and insurance, and any other incidental

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services, such as installation, commissioning, provision of technicalassistance, training, and other such obligations of the Supplier coveredunder the Contract.

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

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

(g) “The Purchaser” means the organization purchasing the Goods, asnamed in SCC.

(h) “The Purchaser’s country” is Islamic Republic of Pakistan.

(i) “The Supplier” means the individual or firm supplying the Goods andServices under this Contract.

(j) “The Project Site,” where applicable, means the place or places namedin SCC.

(k) “Day” means calendar day.2. Application 2.1 These General Conditions shall apply to the extent that they are not

superseded by provisions of other parts of the Contract.

3. Country of Origin

3.2 For purposes of this Clause, “origin” means the place where the Goods weremined, grown, or produced, or from which the Services are supplied. Goodsare produced when, through manufacturing, processing, or substantial andmajor assembly of components, a commercially recognized new productresults that is substantially different in basic characteristics or in purpose orutility from its components.

3.3 The origin of Goods and Services is distinct from the nationality of theSupplier.

4. Standards 4.1 The Goods supplied under this Contract shall conform to the standardsmentioned in the Technical Specifications, and, when no applicable standardis mentioned, to the authoritative standards appropriate to the Goods’ countryof origin. Such standards shall be the latest issued by the concernedinstitution.

5. Use of Contract Documents and Information; Inspection and Audit by the Bank

5.1 The Supplier shall not, without the Purchaser’s prior written consent, disclosethe Contract, or any provision thereof, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalf of the Purchaser inconnection therewith, to any person other than a person employed by theSupplier in the performance of the Contract. Disclosure to any such employedperson shall be made in confidence and shall extend only so far as may benecessary for purposes of such performance.

5.2 The Supplier shall not, without the Purchaser’s prior written consent, makeuse of any document or information enumerated in GCC Clause 5.1 except forpurposes of performing the Contract.

5.3 Any document, other than the Contract itself, enumerated in GCC Clause 5.1shall remain the property of the Purchaser and shall be returned (all copies) tothe Purchaser on completion of the Supplier’s performance under the Contractif so required by the Purchaser.

5.4 The Supplier shall permit the Procuring Agency to inspect the Supplier’saccounts and records relating to the performance of the Supplier and to havethem audited by auditors appointed by the Procuring Agency, if so required bythe Procuring Agency.

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6. Patent Rights 6.1 The Supplier shall indemnify the Purchaser against all third-party claims ofinfringement of patent, trademark, or industrial design rights arising from useof the Goods or any part thereof.

7. Performance Security

7.1 Within ten (10) days of receipt of the notification of Contract award, thesuccessful Bidder shall furnish to the Purchaser the performance security inthe amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the Purchaser ascompensation for any loss resulting from the Supplier’s failure to complete itsobligations under the Contract.

7.3 The performance security shall be denominated in the currency of theContract acceptable to the Purchaser and shall be in one of the followingforms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputablebank located in Pakistan, in the form provided in the biddingdocuments or another form acceptable to the Purchaser; or

(b) a cashier’s or certified check.

7.4 The performance security will be discharged by the Purchaser and returned tothe Supplier not later than thirty (30) days following the date of completion ofthe Supplier’s performance obligations under the Contract, including anywarranty obligations, unless specified otherwise in SCC.

8. Inspections and Tests

8.1 The Purchaser or its representative shall have the right to inspect and/or to testthe Goods to confirm their conformity to the Contract specifications at noextra cost to the Purchaser. SCC and the Technical Specifications shallspecify what inspections and tests the Purchaser requires and where they areto be conducted. The Purchaser shall notify the Supplier in writing, in atimely manner, of the identity of any representatives retained for thesepurposes.

8.2 The inspections and tests may be conducted on the premises of the Supplier orits subcontractor(s), at point of delivery, and/or at the Goods’ final destination.If conducted on the premises of the Supplier or its subcontractor(s), allreasonable facilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at no charge to thePurchaser.

8.3 Should any inspected or tested Goods fail to conform to the Specifications, thePurchaser may reject the Goods, and the Supplier shall either replace therejected Goods or make alterations necessary to meet specificationrequirements free of cost to the Purchaser.

8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goodsafter the Goods’ arrival in Pakistan shall in no way be limited or waived byreason of the Goods having previously been inspected, tested, and passed bythe Purchaser or its representative prior to the Goods’ shipment from thecountry of origin.

8.5 Nothing in GCC Clause 8 shall in any way release the Supplier from anywarranty or other obligations under this Contract.

9. Packing 9.1 The Supplier shall provide such packing of the Goods as is required to preventtheir damage or deterioration during transit to their final destination, asindicated in the Contract. The packing shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extreme

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temperatures, salt and precipitation during transit, and open storage. Packingcase size and weights shall take into consideration, where appropriate, theremoteness of the Goods’ final destination and the absence of heavy handlingfacilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packagesshall comply strictly with such special requirements as shall be expresslyprovided for in the Contract, including additional requirements, if any,specified in SCC, and in any subsequent instructions ordered by the Purchaser.

10. Delivery and Documents

10.1 Delivery of the Goods shall be made by the Supplier in accordance with theterms specified in the Schedule of Requirements. The details of shippingand/or other documents to be furnished by the Supplier are specified in SCC.

10.2 Documents to be submitted by the Supplier are specified in SCC.

11. Insurance 11.1 The Goods supplied under the Contract shall be delivered duty paid (DDP)under which risk is transferred to the buyer after having been delivered; henceinsurance coverage is seller’s responsibility.

12. Transportation 12.1 The Supplier is required under the Contact to transport the Goods to aspecified place of destination within the Purchaser’s country, transport to suchplace of destination in the Purchaser’s country, including insurance andstorage, as shall be specified in the Contract, shall be arranged by theSupplier, and related costs shall be included in the Contract Price.

13. Incidental Services

13.1 The Supplier may be required to provide any or all of the following services,including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or start-up of thesupplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of thesupplied Goods;

(c) furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of thesupplied Goods, for a period of time agreed by the parties, providedthat this service shall not relieve the Supplier of any warrantyobligations under this Contract; and

(e) Training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of thesupplied Goods.

13.2 Prices charged by the Supplier for incidental services, if not included in theContract Price for the Goods, shall be agreed upon in advance by the partiesand shall not exceed the prevailing rates charged for other parties by theSupplier for similar services.

14. Spare Parts 14.1 As specified in SCC, the Supplier may be required to provide any or all of thefollowing materials, notifications, and information pertaining to spare partsmanufactured or distributed by the Supplier:

(a) such spare parts as the Purchaser may elect to purchase from theSupplier, provided that this election shall not relieve the Supplier of anywarranty obligations under the Contract; and

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(b) in the event of termination of production of the spare parts:

(i) advance notification to the Purchaser of the pending termination,in sufficient time to permit the Purchaser to procure neededrequirements; and

(ii) Following such termination, furnishing at no cost to thePurchaser, the blueprints, drawings, and specifications of thespare parts, if requested.

15. Warranty 15.1 The Supplier warrants that the Goods supplied under the Contract are new,unused, of the most recent or current models and those they incorporate allrecent improvements in design and materials unless provided otherwise in theContract. The Supplier further warrants that all Goods supplied under thisContract shall have no defect, arising from design, materials, or workmanship(except when the design and/or material is required by the Purchaser’sspecifications) or from any act or omission of the Supplier, that may developunder normal use of the supplied Goods in the conditions prevailing in thecountry of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the Goods, orany portion thereof as the case may be, have been delivered to and accepted atthe final destination indicated in the Contract, or for eighteen (18) monthsafter the date of shipment from the port or place of loading in the sourcecountry, whichever period concludes earlier, unless specified otherwise inSCC.

15.3 The Purchaser shall promptly notify the Supplier in writing of any claimsarising under this warranty.

15.4 Upon receipt of such notice, the Supplier shall, within the period specified inSCC and with all reasonable speed, repair or replace the defective Goods orparts thereof, without costs to the Purchaser.

15.5 If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in SCC, within a reasonable period, the Purchaser mayproceed to take such remedial action as may be necessary, at the Supplier’srisk and expense and without prejudice to any other rights which thePurchaser may have against the Supplier under the Contract.

16. Payment 16.1 The method and conditions of payment to be made to the Supplier under thisContract shall be specified in SCC.

16.2 The Supplier’s request(s) for payment shall be made to the Purchaser inwriting, accompanied by an invoice describing, as appropriate, the Goodsdelivered and Services performed, and by documents submitted pursuant toGCC Clause 10, and upon fulfillment of other obligations stipulated in theContract.

16.3 Payments shall be made promptly by the Purchaser, but in no case later thanthirty (30) days after submission of an invoice or claim by the Supplier.

16.4 The currency of payment is Pak. Rupees.

17. Prices 17.1 Prices charged by the Supplier for Goods delivered and Services performedunder the Contract shall not vary from the prices quoted by the Supplier in itsbid, with the exception of any price adjustments authorized in SCC or in thePurchaser’s request for bid validity extension, as the case may be.

18. Change Orders 18.1 The Purchaser may at any time, by a written order given to the Supplierpursuant to GCC Clause 31, make changes within the general scope of the

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Contract in any one or more of the following:

(a) drawings, designs, or specifications, where Goods to be furnishedunder the Contract are to be specifically manufactured for thePurchaser;

(b) the method of shipment or packing;(c) the place of delivery; and/or

(d) the Services to be provided by the Supplier.

18.2 If any such change causes an increase or decrease in the cost of, or the timerequired for, the Supplier’s performance of any provisions under the Contract,an equitable adjustment shall be made in the Contract Price or deliveryschedule, or both, and the Contract shall accordingly be amended. Any claimsby the Supplier for adjustment under this clause must be asserted within thirty(30) days from the date of the Supplier’s receipt of the Purchaser’s changeorder.

19. Contract Amendments

19.1 Subject to GCC Clause 18, no variation in or modification of the terms of theContract shall be made except by written amendment signed by the parties.

20. Assignment 20.1 The Supplier shall not assign, in whole or in part, its obligations to performunder this Contract, except with the Purchaser’s prior written consent.

21. Subcontracts 21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awardedunder this Contract if not already specified in the bid. Such notification, in theoriginal bid or later, shall not relieve the Supplier from any liability orobligation under the Contract.

21.2 Subcontracts must comply with the provisions of GCC Clause 3.

22. Delays in the Supplier’s Performance

22.1 Delivery of the Goods and performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the Purchaser inthe Schedule of Requirements.

22.2 If at any time during performance of the Contract, the Supplier or itssubcontractor(s) should encounter conditions impeding timely delivery of theGoods and performance of Services, the Supplier shall promptly notify thePurchaser in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier’s notice, thePurchaser shall evaluate the situation and may at its discretion extend theSupplier’s time for performance, with or without liquidated damages, in whichcase the extension shall be ratified by the parties by amendment of Contract.

22.3 Except as provided under GCC Clause 25, a delay by the Supplier in theperformance of its delivery obligations shall render the Supplier liable to theimposition of liquidated damages pursuant to GCC Clause 23, unless anextension of time is agreed upon pursuant to GCC Clause 22.2 without theapplication of liquidated damages.

23. Liquidated Damages

23.1 Subject to GCC Clause 25, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under theContract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delayuntil actual delivery or performance, up to a maximum deduction of the percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 24.

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24. Termination for Default

24.1 The Purchaser, without prejudice to any other remedy for breach of Contract,by written notice of default sent to the Supplier, may terminate this Contractin whole or in part:

(a) if the Supplier fails to deliver any or all of the Goods within theperiod(s) specified in the Contract, or within any extension thereofgranted by the Purchaser pursuant to GCC Clause 22; or

(b) if the Supplier fails to perform any other obligation(s) under theContract.

(c) if the Supplier, in the judgment of the Purchaser has engaged in corruptor fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting ofanything of value to influence the action of a public official in theprocurement process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Procuring Agency, and includes collusive practiceamong Bidders (prior to or after bid submission) designed to establishbid prices at artificial non-competitive levels and to deprive theProcuring Agency of the benefits of free and open competition.

24.2 In the event the Purchaser terminates the Contract in whole or in part,pursuant to GCC Clause 24.1, the Purchaser may procure, upon such termsand in such manner as it deems appropriate, Goods or Services similar tothose undelivered, and the Supplier shall be liable to the Purchaser for anyexcess costs for such similar Goods or Services. However, the Supplier shallcontinue performance of the Contract to the extent not terminated.

25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22, 23, and 24, the Suppliershall not be liable for forfeiture of its performance security, liquidateddamages, or termination for default if and to the extent that it’s delay inperformance or other failure to perform its obligations under the Contract isthe result of an event of Force Majeure.

25.2 For purposes of this clause, “Force Majeure” means an event beyond thecontrol of the Supplier and not involving the Supplier’s fault or negligenceand not foreseeable. Such events may include, but are not restricted to, acts ofthe Purchaser in its sovereign capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions, and freight embargoes.

25.3 If a Force Majeure situation arises, the Supplier shall promptly notify thePurchaser in writing of such condition and the cause thereof. Unlessotherwise directed by the Purchaser in writing, the Supplier shall continue toperform its obligations under the Contract as far as is reasonably practical, andshall seek all reasonable alternative means for performance not prevented bythe Force Majeure event.

26. Termination for Insolvency

26.1 The Purchaser may at any time terminate the Contract by giving written noticeto the Supplier if the Supplier becomes bankrupt or otherwise insolvent. Inthis event, termination will be without compensation to the Supplier, providedthat such termination will not prejudice or affect any right of action or remedywhich has accrued or will accrue thereafter to the Purchaser.

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27. Termination for Convenience

27.1 The Purchaser, by written notice sent to the Supplier, may terminate theContract, in whole or in part, at any time for its convenience. The notice oftermination shall specify that termination is for the Purchaser’s convenience,the extent to which performance of the Supplier under the Contract isterminated, and the date upon which such termination becomes effective.

27.2 The Goods that are complete and ready for shipment within thirty (30) daysafter the Supplier’s receipt of notice of termination shall be accepted by thePurchaser at the Contract terms and prices. For the remaining Goods, thePurchaser may elect:

(a) to have any portion completed and delivered at the Contract terms andprices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount forpartially completed Goods and Services and for materials and partspreviously procured by the Supplier.

28. Resolution of Disputes

28.1 The Purchaser and the Supplier shall make every effort to resolve amicably bydirect informal negotiation any disagreement or dispute arising between themunder or in connection with the Contract.

28.2 If, after thirty (30) days from the commencement of such informalnegotiations, the Purchaser and the Supplier have been unable to resolveamicably a Contract dispute, either party may require that the dispute bereferred for resolution to the formal mechanisms specified in SCC. Thesemechanisms may include, but are not restricted to, conciliation mediated by athird party, adjudication in an agreed and/or arbitration.

29. Governing Language

29.1 The Contract shall be written in the language specified in SCC. Subject toGCC Clause 30, the version of the Contract written in the specified languageshall govern its interpretation. All correspondence and other documentspertaining to the Contract which are exchanged by the parties shall be writtenin the same language.

30. Applicable Law

30.1 The Contract shall be interpreted in accordance with the laws of IslamicRepublic of Pakistan.

31. Notices 31.1 Any notice given by one party to the other pursuant to this Contract shall besent to the other party in writing or by fax and confirmed in writing to theother party’s address specified in SCC.

31.2 A notice shall be effective when delivered or on the notice’s effective date,whichever is later.

32. Taxes and Duties

32.1 Supplier shall be entirely responsible for all taxes, duties, license fees, etc.,incurred until delivery of the contracted Goods to the Purchaser.

20.

21.

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Section VIII. Special Conditions of Contract

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there isa conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The correspondingclause number of the GCC is indicated in parentheses.

1. Definitions (GCC Clause 1)

GCC 1.1 (g)—The Purchaser is: THQ hospital, KALLAR SYEDAN District Rawalpindi, Government of thePunjab.

GCC 1.1 (h)—The Purchaser’s country is: Islamic Republic of Pakistan

GCC 1.1 (i)—The Supplier is:

GCC 1.1 (j)—The Project Site is: THQ hospital KALLAR SYEDAN District Rawslpindi

2. Country of Origin (GCC Clause 3)

3. Performance Security (GCC Clause 7)

GCC 7.1—The amount of performance security, as a percentage of the Contract Price, shall be 5% (Five percent of the contract price) in the shape of non recourse, irrevocable and unconditional bank guarantee fromscheduled bank of Pakistan on the prescribed format attached with the bidding document.

4. Inspections and Tests (GCC Clause 8)

GCC 8.6—Inspection and tests prior to delivery of goods and at final acceptance are:-xvi) For being Brand New, bearing relevant reference numbers of the equipment (Certificate

from supplier)xvii) For Physical Fitness having No Damages (Certificate from supplier)xviii) For the Country of Origin as quoted by the Supplier (Certificate from manufacturer)xix) For conformance to specifications and performance parameters, through Prior to delivery

inspection.xx) For successful operation at site after complete installation, testing and commissioning of the

equipment (Installation, Testing and Commissioning Report by THQ hospital, KALLARSYEDAN District Rawalpindi)

5. Delivery and Documents (GCC Clause 10)

GCC 10.3— upon shipment, the Supplier shall notify the Purchaser the full details of the shipment, includingContract number, description of Goods, quantity and usual transport document. The Supplier shall mail thefollowing documents to the Purchaser:

(i) Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;(ii) Original and two copies of the usual transport document (for example, a negotiable bill of lading, a non-

negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a roadconsignment note, or a multimodal transport document) which the buyer may require to take the goods;

(iii) Copies of the packing list identifying contents of each package;(iv) Insurance Certificate;(v) Manufacturer’s or Supplier’s Valid Warranty Certificate;(vi) Inspection Certificate issued by the Nominated Inspection Agency (if any), and the Supplier’s Factory

Inspection Report; and

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(vii) Certificate of Origin.(viii) The above documents would be required even if the equipment has already been imported and is available

with the supplier ex-stock

6. Insurance (GCC Clause 11)

GCC 11.1— The Goods supplied under the Contract shall be Delivered Duty Paid (DDP) under which risk istransferred to the Buyer after having been delivered. Hence insurance coverage is seller’s responsibility. Sincethe Insurance is seller’s responsibility they may arrange appropriate coverage.

7. Incidental Services (GCC Clause 13)

GCC 13.1—Incidental services to be provided are:G) At site complete training of Purchaser’s nominated staff regarding maintenance and

operation of Goods.H) At site preventive maintenance on quarterly basis by the bidder’s qualified staff for one

year, starting from final acceptance of goods.

The rate must include cost for all kinds of labor, inputs and material required for above, and all applicable government taxes and levies. In case a separate rate is not provided by the bidder for the above items, it shall be deemed to have been covered in the overall quoted cost.

8. Warranty (GCC Clause 15)

GCC 15.2—In accordance with the provisions, the warranty period shall be 2000 hours of operation or 12months (parts and labor warranty) from date of Handing Over (Final Acceptance) of the Goods whicheveroccurs earlier. The Supplier shall, in addition, comply with the performance and/or consumption guaranteesspecified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained inwhole or in part, the Supplier shall, at its discretion, either:

(a) Make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessaryin order to attain the contractual guarantees specified in the Contract at its own cost and expense and tocarry out further performance tests in accordance with SCC 4,

or

(b) Pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees.The rate of these liquidated damages shall be 0.1 % of the contract price per day. The maximum amountof liquidated damages for the whole of the goods or part thereof shall be 5% of the contract price.

or

(c) Replacement of the whole unit at site including transportation, installation, testing & commissioning etc incase of major defect at his own cost.

GCC 15.4 & 15.5—the period for correction of defects in the warranty period is 72 hours.

9. Payment (GCC Clause 16)

GCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be asfollows:

Payment for Goods supplied:

Payment shall be made in Pak. Rupees in the following manner:

(iv) Payment against Delivered Goods: Upon submission of claim, the supplier shall be paid within thirty(30) days of receipt of the Goods at site after performing the requisite inspection and tests as mentionedin SCC 4.

12. Prices (GCC Clause 17)

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GCC 17.1—Prices shall be: Fixed.

13. Liquidated Damages (GCC Clause 23)GCC 23.1—Applicable rate: 0.1 % of contract price per day Maximum deduction: 5 % of contract price

14. Resolution of Disputes (GCC Clause 28)

GCC 28.3—the dispute resolution mechanism to be applied pursuant to GCC Clause 28.2 shall be as follows:

In the case of a dispute between the Purchaser and the Supplier, the dispute shall be referred to adjudication orarbitration in accordance with the Pakistan Arbitration Act, 1940.

15. Governing Language (GCC Clause 29)

GCC 29.1—The Governing Language shall be: English.

16. Applicable Law (GCC Clause 30)

GCC 30.1-The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan whichincludes the following legislation:

The Employment of Children (ECA) Act 1991The Bonded Labour System (Abolition) Act of 1992The Factories Act 1934

17. Notices (GCC Clause 31)

GCC 31.1—Purchaser’s address for notice purposes – Office of MEDICAL SUPRINTENDENT THQ hospital,KALLAR SYEDAN District Rawalpindi, Government of Punjab.

—Supplier’s address for notice purposes:

B I D D I N G D O C U M E N T

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Framework contract for Local Purchase ofMedicines and Disposables (ZAKAT)

For the year 2019-20 For

THQ HOSPITAL KALLAR SYEDAN DISTRICT RWP

CONTACT # 051-3570237

TENDER # THQ/CSS-LP/01/19-20

IPL NUMBER: IPL-7171

TENDER CLOSING DATE & TIME: 31-08-2019 at 10:00 a.m. BIDD OPENING DATE & TIME: 31-08-2019 at 10:30 a.m.

THQ HOSPITAL KALLAR SYEDANDISTRICT RWP

SPECIAL SPITULATIONS

(For the financial year 2019-20)

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SPECIAL STIPULATIONS (BID DATA SHEET)For ease of Reference, certain special stipulations are as under:

Description Details

Last date and time for theSubmission of bidding doc.

10:00 am, 31 August 2019

Date, time and venue of opening of bid

10:30 am, 31 August 2019at office of Medical Superintendent

THQ Hospital Kallar Syedan, District RWP

Language of bid English

Bid Security

(Earnest Money)

The Contractor shall furnish the Bid Security (earnest Money) as under:

• in the form of Demand Draft/ Pay Order/ Call DepositReceipt, in the name of the Medical Superintendent, Procuringagency; i.e. 2% /- of estimated cost.

• denominated in Pak Rupees; • Have a minimum validity period of 120 days from the

last date for submission of the Tender or until furnishing ofthe Performance Guarantee, whichever is later.

Bid Price Should be best and final prices including all applicable

taxes as no negotiations on the prices are allowed

Bid validity period 120 DaysBidding procedure Single stage – Two Envelop Procedure

Performance Guarantee 2% of bid/contract value

Contact Person for Communication:

MEDICAL SUPERINTENDENT,

PROCUREMENT OFFICER,

THQ Hospital Kallar syedan, District RWP

THQ HOSPITAL KALLAR SYEDAN DISTRICT RWP

Terms & Conditions

(For the financial year 2019-20)

Sealed offers are invited from interested firms/agencies of repute with financially sound

background involved in running institutional Medical store/Pharmacy business/Chain of

Pharmacies/Distributors having a valid Retail drug sale license for supply of drugs/medicines/surgical

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Disposables. Tender should be sent in the name of the Medical Superintendent, THQ Hospital Kallar

syedan, District RWP along with the following documents.

Note: Attach this check list on front page of the Technical Bid.Sr.

NoKnock Out Clauses

Yes/No Page #

1 Original receipt for purchase of tender

2

Bid Security amounting 2% of total estimated cost (0.4 million )

in the favor of Medical Superintendent THQ Hospital Kallar Syedan,

District RWP, Should Be Attached With Financial Bid &

Photocopy Of The Same Attached With Technical Bid as

demanded in bidding document.3 Valid Drug sale License

4

Bidder shall submit an affidavit worth Rs. 100/- that he accepted all

terms and conditions of tender documents and PPRA rules 2014

(Amended 2016) and shall continue the same in future, duly signed

and stamped

5Certificate of free replacement on firm’s letter pad.

6Warranty certificate according to clause 23 (1) of Drug act 1976.

7For day to day purchase the bidder shall have its registered premises

within 10km radius of this hospital.8 National Tax Number certificate.9 Affidavit on Rs.50 stamp paper that firm is Not Black listed.

10Good practice certificate from at least two government/autonomous

institutions for last two financial years.

33. All the procurement procedures will be done strictly in accordance with the PPRA Rules, 2014

(Amended up to 2017). Single stage/two envelops bidding procedure shall be applied. The Envelops shall

be marked as FINANCIAL PROPOSAL and TECHNICAL PROPOSAL in bold and in legible letters.

Envelops shall then be sealed in an outer envelope. The Financial proposal of bids found technically non-

responsive shall be returned un-opened to the respective bidders.

34. The inner envelops shall also indicate the name and address of the of the bidder to enable the bidto be returned unopened in case it is declared as “non-responsive” or “late”.

35. The envelope must also clearly show the Bid title and bidder’s name and address. Failure to comply with this requirement may result in rejection of the bid and the committee decision in this regardshall be final. Bids submitted after the prescribed time shall not be entertained.

36. Only technical proposal will be opened by the tender opening committee. The financial proposal will be opened by tender opening committee of responsive/ technically successful bidders later on the declared time, place & date. Financial proposal of the non-responsive/ technically unsuccessful bidders will be returned as such to them on that date without opening their financial offers as per PPRA Rules 2014.37. All the pages of technical & financial bids should be marked as page. No.

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38. Substandard, broken seal & substituted bids will not be acceptable.

39. Tenderer must have valid Drug Sale License, should be financially sound and well reputed. Badreputed will not be entertained.

40. Bids shall remain valid for a period of three months after opening of Technical bid. A bid valid for

shorter period shall be rejected as non-responsive. Extendable equal to the period of the original bid

validity.

41. Facility of the supplies must be available round the clock.

42. Contract will be awarded to the tenderer offering highest discount to the Hospital.

43. The validity of the contract will be till 30-06-2020, extendable for three (03) months.

44. The offered discounts shall be from the maximum retail prices of medicines fixed by the

Government of the Pakistan or Manufacturers (where government has permitted to do so) or sole importers.

Offers can be given on the basis of,

iv. Products of National Pharmaceuticals

v. Products of Multinational Pharmaceuticals

vi. Surgical Disposables/implants etc.

45. For the calculation of maximum retail price of those items where price is not printed on the product

the retail price will be finalized after survey. In this regard the decision of hospital pharmacy in charge will

be final.

46. The tenderer must have the valid drug sale license and should have the comprehensive storage

facilities for drugs/medicines.

47. The supplier/tenderer background should be financially sound, based on authentic bank statement.

48. The supplier/tenderer shall be solely responsible for provision and stocking of quality medicines at

all times strictly in accordance with the provision of the drug act 1976 and drug sales rules 2007/DRAP Act

2012 and will be responsible for the quality/quantity of drugs supplied by him/her.

49. The supplier/tenderer shall ensure availability of wide range of medicines including those contained

in hospital Formulary. No alternate shall be acceptable. In case of default, the Hospital administration may

take appropriate action including fine to be decided by hospital administration.

50. The price of medicines/surgical disposable item shall in no way be more than the market prices

(retail price) and the discount offered by the bidders to the hospital will be based on its maximum retail

price.

51. Clarification of Bids:

No bidder shall be allowed to alter or modify his bid after the bid has been opened. However the procuring

agency may seek and accept clarifications to the bid that do not change the substance of the bid.

52. Limitation on Negotiation’s:

There shall be no negotiations with the bidder.

53. Rejection of Bids:

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The authority may reject all bids or proposals at any time prior to the award of contract without assigning

any reason.

54. Any consignment of medicine/disposables items not acceptable in term of quality to the end user,

doctor may refuse partial/full quantity and contractor shall replace the same immediately.

55. Acceptance of Bids:

The bidder with the highest discount, if not conflict in any other law, rules, regulations or policy of the

Government of Punjab, shall be awarded the procurement award.

56. Performance Guarantee:

The successful bidder shall furnish performance security 2% of total estimated L.P budget in addition to

bid security already deposited by the firm. The performance security shall be deposited in the shape of cash

deposit receipt.

57. Contract form:

The successful bidder shall sign a contract form on 1000/- Rupees stamp paper that is available at the end

of bidding document.

58. The successful bidder should maintain adequate quantity of medicines mentioned in Punjab

Medicine Formulary 2017-18 & Hospital medicine trend list, which can be collected from the hospital

medicine store at any time.

59. Qualification of Suppliers and Contractors:

A procuring agency, at any stage of the procurement proceedings, may require the suppliers or contractors to

provide information concerning their professional, technical, financial, legal or managerial competence

whether already prequalified or not.

60. No Offer Will Be Considered If It:

12) Is submitted without call deposit by registered firm in the name of Medical Superintendent

THQ Hospital Kallar Syedan, District RWP.

13) Is received after the date and time fixed for its receipt.

14) Is unsigned.

15) Is ambiguous

16) Is over written

17) Is conditional

18) Is given by the firm black listed, suspended or removed from the approval list of the Health

Department Government of Punjab, Autonomous Health institutions or by the Federal

Government.

19) Is received with a validity period shorter than that required in the tender inquiry.

20) Does not conform to the general conditions of the tender inquiry.

21) Is received without earnest money as specified in the tender.

61. All the pages of tender must be signed properly at the bottom.

62. Successful bidder is bound to supply the full ordered quantities of all the desired brands except

those, which are actually not available in the market.

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63. Inspections and Test/Analysis:

The supplier will be responsible for free replacement of stocks if found not of the same specifications as

required on the demand from day to day basis. In case of non-supply the same will be purchased from the

local market and the amount will be deducted from the bills of contractor pending in the purchase

department.

Unregistered/substandard/spurious/misbranded expired drug will be forfeited by the hospital authorities and

legal action will be taken against the Contractor. The contractor shall be responsible for providing standard

quality medicines/ disposable/items.

64. In case of any dispute the decision of the Medical superintendent/ Grievance Committee of THQ

Hospital Kallar Syedan, District RWP, will be final.

CONTRACT FORM

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] (hereinafter called“the Purchaser”) of the one part and [name of Supplier] of (hereinafter called “the Supplier”) of the other part:

WHEREAS the Purchaser invited bids for certain goods, viz., [brief description of goods and services] and hasaccepted a bid by the Supplier for the supply of those goods in the sum of [contract price in words and figures](hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

2. The offered discounts shall be from the maximum retail prices of medicines fixed by theGovernment of the Pakistan or Manufacturers (where government has permitted to do so) or sole importers.

3. The supplier/tenderer shall ensure availability of wide range of medicines including those containedin hospital trend list & PMF 2018-19. No alternate shall be acceptable. In case of default, the Hospitaladministration may take appropriate action including fine to be decided by hospital administration.

4. The supplier will be responsible for free replacement of stocks if found not of the samespecifications as required on the demand from day to day basis. In case of non-supply the same will bepurchased from the local market and the amount will be deducted from the bills of contractor pending in thepurchase department.

5. The successful bidder shall furnish performance security 2% of total estimated L.P budget inaddition to bid security already deposited by the firm. The performance security shall be deposited in theshape of cash deposit receipt.

6. In case of any dispute the decision of the Medical superintendent/ Grievance Committee of THQHospital Kallar syedan, District RWP, will be final.

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

Signed, sealed, delivered by the (for the Purchaser)

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Signed, sealed, delivered by the (for the Supplier)

BID EVALUATION CRITERIA

For the Procurement of

LOCAL PURCHASE OF MEDICINES & SURGICAL DISPOSABLES ITEMS

At

THQ HOSPITAL KALLAR SYEDAN, DISTRICT RWP

TECHNICAL EVALUATION

Sr. # DOCUMENTS NEEDED CHECKLIST1 Original receipt for purchase of tender

2

Copy of Bid Security amounting

2% of total estimated cost (2 million)

in the favor of Medical Superintendent

THQ Hospital Kallar syedan, District RWP,3 Valid Drug sale License

4Affidavit worth Rs. 100/- for acceptance of all terms and conditions of tender

documents and PPRA rules 2014 (Amended 2016)

5Certificate of free replacement on firm’s letter pad.

6Warranty certificate according to clause 23 (1) of Drug act 1976.

7For day to day purchase the bidder shall have its registered premises within

10km radius of this hospital.8 National Tax Number certificate.9 Affidavit on Rs.50 stamp paper that firm is Not Black listed.10 Attested CNIC copy11 Good practice certificate

FINANCIAL EVALUATION

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Sr. # DOCUMENTS NEEDED CHECKLIST1 Financial Proposal (Price Schedule) on letter pad of the firm

2 Bid Security (ORIGINAL)

FINANCIAL PROPOSAL/PRICE SCHEDULE

Sr. No Item/Description Discount % (Infigures) Discount (In words)

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1. Products of NationalPharmaceuticals

2. Products of MultinationalPharmaceuticals

3. Surgical/ Disposable Items