Standard Form of Bidding Documents FOR Procurement of Works (Civil Works)
Standard Form of Bidding Documents FOR Procurement of Works (Civil Works)
Standard Form of Bidding Documents FOR Procurement of Works (Civil Works)
FOR
PROCUREMENT OF WORKS
(CIVIL WORKS)
2015
(0 )
TABLE OF CONTENTS
Description Page
Form 6
INSTRUCTIONS TO BIDDERS 7
A. General
B. Bidding Documents
C. Preparation of Bids
D. Submission of Bids
(1 )
E. Bid Opening and Evaluation
IB.23 Bid Opening 17
IB.24 Process to be Confidential 18
IB.25 Clarification of Bids 18
IB.26 Examination of Bids and Determination of Responsiveness 18
IB.27 Correction of Errors 19
IB.28 Evaluation and Comparison of Bids 19
F. Award of Contract
IB.29 Award 20
IB.30 Procuring Entity’s Right to Accept any Bid and to Reject any or all 20
Bids
IB.31 Notification of Award 21
IB.32 Performance Security 21
IB.33 Signing of Contract Agreement 21
IB.34 General Performance of the Bidders 22
IB.35 Integrity Pact 22
IB.36 Instructions Not Part of Contract 22
BIDDING DATA 23
FORM OF BID 30
Appendix-A to Bid : Special Stipulations 32
Appendix-B to Bid : Foreign Currency Requirements 33
Appendix-C to Bid : Price Adjustment (Under Clause 70) 34
Appendix-D to Bid : Bill of Quantities 35
Appendix-E to Bid : Proposed Construction Schedule 51
Appendix-F to Bid : Method of Performing the Work 52
Appendix-G to Bid : List of Major Equipment – Related 53
Items
Appendix-H to Bid : Construction Camp and Housing 54
Facilities
Appendix-I to Bid : List of Subcontractors 56
Appendix-J to Bid : Estimated Progress Payments 57
Appendix-K to Bid : Organization Chart of the Supervisory 58
Staff and Labour
Appendix-L to Bid : Integrity Pact 59
FORMS
BID SECURITY 61
PERFORMANCE SECURITY 63
CONTRACT AGREEMENT 65
MOBILIZATION ADVANCE GUARANTEE/BOND 67
(2 )
PART-I: GENERAL CONDITIONS OF CONTRACT 69
DRAWINGS
(3 )
INVITATION
FOR BIDS
(4 )
INVITATION FOR BIDS
Date:
Loan / Credit No. ____
Bid Reference No.:
1. The (the
(Name of Procuring Entity)
“Procuring Entity”) has applied for/received a
loan/creditfrom the
(Name of Funding Agency/GOP/Provincial Govt/Any Other)
towards the cost of _______________________________________________________
(Name of Project)
and it is intended that part of the proceeds of the loan/credit will be applied to eligible
payments under the Contract for the .Bidding
(Brief description of the Works)
is open to all eligible Bidders.
2. The Procuring Entity invites sealed bids from eligible firms or persons licensed by
the Pakistan Engineering Council, registered / enrolled with the Procuring Entity’s
Department / Authority or prequalified for the respective work(s) registered/enrolled with
the Procuring Entity Department / Authority or prequalified for the respective in
the appropriate category for the Works. A foreign bidder is also entitled to bid only
in a joint venture with a Pakistani constructor in accordance with the relevant
provisions of PEC/KP-PPRA Bye-laws.
3. Bidders may obtain further information from, inspect at and acquire the Bidding
Documents from the office of the Procuring Entity, at
(Mailing address)
4. A complete set of Bidding Documents may be purchased by an interested bidder
on submission of a written application to the above office and upon payment of a
non- refundable fee of Rs.
(Insert Amount)
5. All bids must be accompanied by a Bid Security in the shape of Deposit at Call
or Pay Order from a Scheduled Bank of Pakistan, in the amount of Rs.
(Rupees_______________) or an equivalent amount in a freely convertible
currency, and must be delivered to
(Indicate Address
(5 ) and Exact Location)
at or before_______hours, on (Date). Bids will be opened at hours
on the same day, in the presence of bidders’ representatives who choose to attend at the
same address. (Indicate address and exact location if it differs).
The bid must also be accompanied by a separate non-refundable Tender form fee at the
prevailing rates (0.05% of the estimated cost) in shape of Demand Draft / Deposit at Call
or Pay order favouring ___________________________ to be issued by a scheduled bank.
[Note: the bids shall be opened at least thirty minutes after the deadline for submission of bids]
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INSTRUCTIONS TO
BIDDERS
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INSTRUCTIONS TO BIDDERS
(Note: These Instructions to Bidders along with Bidding Data will not be part of the Contract
and will cease to have effect once the contract is signed.)
A. GENERAL
1.1 The Procuring Entity as defined in the Bidding Data hereinafter called “the Procuring
Entity” invites bids for the construction and completion of works as described in
these Bidding Documents, and summarized in the Bidding Data hereinafter referred to
as the “Works”.
1.2 The successful bidder will be expected to complete the Works within the time
specified in Appendix-A to Bid.
1.3 Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives
(bidder / tenderer, bid / tender, bidding / tendering etc.) are synonymous.
2.1 The expenditure on this project will be met from the Public Funds of the Provincial
Government of Khyber Pakhtunkhwa (GoKP), as defined in Rule-2(l) of KPPRA
Procurement Rules or through a loan/credit from the source (s) as indicated in the
Bidding Data in various currencies towards the cost of the Project specified in the
Bidding Data and it is intended that part of these Public Funds or proceeds of this
loan/credit will be applied to eligible payments under the Contract for which these
Bidding Documents are issued.
3.1 This Invitation for Bids is open to all bidders meeting the following requirements:
a. Duly licensed by the Pakistan Engineering Council (PEC) in the category relevant
to the value of the Works.
b. Duly prequalified / enlisted with the Procuring Entity in the category relevant to the
value of the Works
c. Is neither associated, nor has been associated, directly or indirectly, with the Consultants
or any other entity that has prepared the design, specifications and other documents for
the Project or being proposed for any position in the Project Management.
3.2 A bidder having a conflict of interest will be declared as non-responsive if the bidder has
a close business relationship with the Procuring Entity’s professional personnel, who
directly or indirectly involved in any part of: (i) the preparation of the bidding
documents for the Works, (ii) the Bid evaluation or (iii) the supervision of such Works.
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IB.4 One Bid per Bidder
4.1 Each bidder shall submit only one bid either by himself, or as a partner in a joint
venture. A bidder who submits or participates in more than one bid (other than
alternatives pursuant to Clause IB.16) will be disqualified.
5.1 The bidders shall bear all costs associated with the preparation and submission of their
respective bids and the Procuring Entity will in no case be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
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IB.6 Site Visit
6.1 The bidders are advised to visit and examine the site of Works and its surroundings
and obtain for themselves on their own responsibility all information that may be
necessary for preparing the bid and entering into a contract for construction of the
Works. All cost in this respect shall be at the bidder’s own expense.
6.2 The bidders and any of their personnel or agents will be granted permission by the
Procuring Entity to enter upon his premises and lands for the purpose of such
inspection, but only upon the express condition that the bidders, their personnel
and agents, will release and indemnify the Procuring Entity, his personnel and
agents from and against all liability in respect thereof and will be responsible for
death or personal injury, loss of or damage to property and any other loss, damage,
costs and expenses incurred as a result of such inspection.
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B. BIDDING DOCUMENTS
7.1 The Bidding Documents, in addition to invitation for bids, are those stated below and
should be read in conjunction with any Addenda issued in accordance with Clause
IB.9.
1. Instructions to Bidders.
2. Bidding Data.
3. General Conditions of Contract, Part-I (GCC).
4. Particular Conditions of Contract, Part-II (PCC).
5. Specifications – Special Provisions.
6. Specifications - Technical Provisions.
7. Form of Bid & Appendices to Bid.
8. Bill of Quantities (Appendix-D to Bid).
9. Form of Bid Security.
10. Form of Contract Agreement.
11. Forms of Performance Security and Mobilization Advance Guarantee/Bond.
12. Drawings.
7.2 The bidders are expected to examine carefully the contents of all the above
documents. Failure to comply with the requirements of bid submission will be at the
Bidders own risk. Pursuant to Clause IB.26, bids which are not substantially
responsive to the requirements of the Bidding Documents will be rejected.
8.1 Any prospective bidder requiring any clarification (s) in respect of the Bidding
Documents may notify the Procuring Entity in writing at the Procuring Entity’s
address indicated in the Invitation for Bids. The Procuring Entity will respond to any
request for clarification which he receives earlier than 28 days prior to the deadline for
submission of bids.
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Copies of the Procuring Entities response will be forwarded to all purchasers of the
Bidding Documents, including a description of the enquiry but without identifying it’s
source.
9.1 At any time prior to the deadline for submission of bids, the Procuring Entity may,
for any reason, whether at his own initiative or in response to a clarification
requested by a prospective bidder, modify the Bidding Documents by issuing
addendum.
9.2 Any addendum thus issued shall be part of the Bidding Documents pursuant to Sub-
Clause 7.1 hereof and shall be communicated in writing to all purchasers of the
Bidding Documents. Prospective bidders shall acknowledge receipt of each addendum
in writing to the Procuring Entity.
9.3 To afford prospective bidders reasonable time in which to take an addendum into
account in preparing their bids, the Procuring Entity may extend the deadline for
submission of bids in accordance with Clause IB.20
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C. PREPARATION OF BIDS
10.1 The bid and all correspondence and documents related to the bid exchanged by a
bidder and the Procuring Entity shall be in the bid language stipulated in the
Bidding Data and Particular Conditions of Contract. Supporting documents and
printed literature furnished by the bidders may be in any other language
provided the same are accompanied by an accurate translation of the relevant parts
in the bid language, in which case, for purposes of evaluation of the bid, the
translation in bid language shall prevail.
(a) submit a written power of attorney authorizing the signatory of the bid to act
for and on behalf of the bidder;
(b) update the information indicated and listed in the Bidding Data and previously
submitted with the application for prequalification, and continue to meet the
minimum criteria set out in the prequalification documents which as a
minimum, would include the following :
11.2 Bids submitted by a joint venture of two (2) or more firms shall comply with the
following requirements:
(a) the bid and in case of a successful bid, the Form of Contract Agreement shall
be signed so as to be legally binding on all partners;
(b) one of the joint venture partners shall be nominated as being in charge; and
this authorization shall be evidenced by submitting a power of attorney signed
by legally authorized signatories of all the joint venture partners;
(c) the partner-in-charge shall always be duly authorized to deal with the
Procuring Entity regarding all matters related with and/or incidental to the
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execution of Works as per the terms and Conditions of Contract and in this
regard to incur any and all liabilities, receive instructions, give binding
undertakings and receive payments on behalf of the joint venture;
(d) all partners of the joint venture shall at all times and under all circumstances
be liable jointly and severally for the execution of the Contract in accordance
with the Contract terms and a statement to this effect shall be included in the
authorization mentioned under Sub-Para(b) above as well as in the Form of
Bid and in the Form of Contract Agreement (in case of a successful bid); and
(e) a copy of the agreement entered into by the joint venture partners shall be
submitted with the bid stating the conditions under which it will function, its
period of duration, the persons authorized to represent and obligate it and
which persons will be directly responsible for due performance of the
Contract and can give valid receipts on behalf of the joint venture, the
proportionate participation of the several firms forming the joint venture, and
any other information necessary to permit a full appraisal of its functioning.
No amendments / modifications whatsoever in the joint venture agreement
shall be agreed to between the joint venture partner without prior written
consent of the Procuring Entity.
11.3 Bidders shall also submit proposals of work methods and schedule, in sufficient detail
to demonstrate the adequacy of the Bidders’ proposals to meet the technical
specifications and the completion time referred to in Sub-Clause 1.2 hereof.
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IB.12 Bid Prices
12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for
the whole of the Works as described in Sub-Clause 1.1 hereof, based on the
unit rates and / or prices submitted by the bidder.
12.2 The bidders shall fill in rates and prices for all items of the Works described in
the Bill of Quantities. Unit rate offered for an item shall be considered upto
two significant decimals places for evaluation purposes. Items against which
no rate or price is entered by a bidder will not be paid for by the Procuring
Entity when executed and shall be deemed covered by rates and prices for
other items in the Bill of Quantities. Corrections in rates and prices, if any,
shall be made by crossing out, initialing, dating and re-writing.
12.3 All duties, taxes and other levies payable by the Contractor under the Contract,
or for any other cause, as on the date 28 days prior to the deadline for
submission of bids shall be included in the rates and prices and the total Bid
Price submitted by a bidder.
12.4 The rates and prices quoted by the bidders are subject to adjustment during the
performance of the Contract in accordance with the provisions of Clause 70 of
the Conditions of Contract. The Procuring Entity shall furnish the
prescribed information for the price adjustment formulae in Appendix-C to
Bid, and shall submit with their bids such other supporting information as
required under the said Clause.
13.1 The unit rates and the prices shall be quoted by the bidder entirely in Pak rupees.
A bidder expecting to incur expenditures in other currencies for inputs to the
Works supplied from outside the Procuring Entity's country (referred to as the
“Foreign Currency Requirements”) shall indicate the same in Appendix-B to Bid.
The proportion of the Bid Price (excluding Provisional Sums) needed by him
for the payment of such Foreign Currency Requirements either (i) entirely in the
currency of the Bidder’s home country or, (ii) at the bidder’s option, entirely in
Pak rupees provided always that a bidder expecting to incur expenditures in
a currency or currencies other than those stated in (i) and (ii) above for a
portion of the foreign currency requirements, and wishing to be paid
accordingly, shall indicate the respective portions in his bid.
13.2 The rates of exchange to be used by the bidder for currency conversion shall
be the TT&OD Selling Rates published or authorized by the State Bank of
Pakistan prevailing on the date 28 days prior to the deadline for submission of
bids.
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For the purpose of payments, the exchange rates used in bid preparation shall
apply for the duration of the Contract.
14.1 Bids shall remain valid for the period stipulated in the Bidding Data after the
Date of Bid Opening specified in Clause IB.23.
14.2 In exceptional circumstances, prior to expiry of the original bid validity period,
the Procuring Entity may request that the bidders extend the period of
validity for a specified additional period which shall in no case be more than
the original bid validity period. The request and the responses thereto shall be
made in writing. A bidder may refuse the request without forfeiting his Bid
Security. A bidder agreeing to the request will not be required or permitted to
modify his bid, but will be required to extend the validity of his Bid Security
for the period of the extension, and in compliance with Clause IB.15 in all
respects. The bidder shall bear all costs to be incurred on such extensions.
15.1 Each bidder shall furnish, as part of his bid, a Bid Security in the amount
stipulated in the Bidding Data in Pak Rupees or an equivalent amount in a
freely convertible currency.
15.2 The Bid Security shall be, at the option of the bidder, in the form of Deposit at
Call or a Bank Guarantee issued by a Scheduled Bank in Pakistan or from a
foreign bank duly counter guaranteed by a Scheduled Bank in Pakistan in
favour of the Procuring Entity valid for a period 28 days beyond the Bid
Validity date.
15.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by
the Procuring Entity as non-responsive.
15.5 The Bid Security of the successful bidder will be returned when the bidder has
furnished the required Performance Security and signed the Contract
Agreement. The Bid Security may be adjusted by the Procuring Entity as part
of the Performance Security.
(a) if the bidder withdraws his bid except as provided in Sub-Clause 22.1;
(b) if the bidder does not accept the correction of his Bid Price pursuant to
Sub-Clause 27.2 hereof; or
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(c) In the case of successful bidder, if he fails within the specified time
limit to:
16.1 Should any bidder consider that he can offer any advantages to the Procuring
Entity by a modification to the designs, specifications or other conditions, he
may, in addition to his bid to be submitted in strict compliance with the
Bidding Documents, submit any Alternate Proposal(s) containing (a) relevant
design calculations; (b)technical specifications; (c)proposed construction
methodology; and (d) any other relevant details / conditions, provided always
that the total sum entered on the Form of Bid shall be that which represents
complete compliance with the Bidding Documents.
16.2 Alternate Proposal(s), if any, of the lowest evaluated responsive bidder only
may be considered by the Procuring Entity as the basis for the award of
Contract to such bidder.
17.1 The Procuring Entity may, on his own motion or at the request of any
prospective bidder(s), hold a pre-bid meeting to clarify issues and to answer
any questions on matters related to the Bidding Documents or any other matter
that may be raised at that stage. The date, time and venue of pre- bid meeting,
if convened, is as stipulated in the Bidding Data. All prospective bidders or
their authorized representatives shall be invited to attend such a pre- bid
meeting.
17.2 The bidders are requested to submit questions, if any, in writing so as to reach
the Procuring Entity not later than seven (7) days before the proposed
pre-bid meeting.
17.3 Minutes of the pre-bid meeting, including the text of the questions raised and
the replies given, will be transmitted without delay to all purchasers of the
Bidding Documents. Any modification of the Bidding Documents listed in
Sub-Clause 7.1 hereof which may become necessary as a result of the pre-bid
meeting shall be made by the Procuring Entity exclusively through the issue
of an Addendum pursuant to Clause IB.9 and not through the minutes of the
pre-bid meeting.
17.4 Absence at the pre-bid meeting will not be a cause for disqualification of a
bidder.
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18.1 Bidders are particularly directed that the amount entered on the Form of Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
18.3 No alteration is to be made in the Form of Bid nor in the Appendices thereto
except in filling up the blanks as directed. If any such alterations be made or if
these instructions be not fully complied with, the bid may be rejected.
18.4 Each bidder shall prepare by filling out the forms completely and without
alterations one (1) original and number of copies, specified in the Bidding
Data, of the documents comprising the bid as described in Clause IB.7 and
clearly mark them “ORIGINAL” and “COPY” as appropriate. In the event of
discrepancy between them, the original shall prevail.
18.5 The original and all copies of the bid shall be typed or written in indelible ink
(in the case of copies, photostats are also acceptable) and shall be signed by a
person or persons duly authorized to sign on behalf of the bidder pursuant to
Sub- Clause 11.1(a) hereof. All pages of the bid shall be initialed and stamped
by the person or persons signing the bid.
18.6 The bid shall contain no alterations, omissions or additions, except to comply
with instructions issued by the Procuring Entity, or as are necessary to correct
errors made by the bidder, in which case such corrections shall be initialed
by the person or persons signing the bid.
18.7 Bidders shall indicate in the space provided in the Form of Bid their full and
proper addresses at which notices may be legally served on them and to which
all correspondence in connection with their bids and the Contract is to be sent.
18.8 Bidders should retain a copy of the Bidding Documents as their file copy.
D. SUBMISSION OF BIDS
(a) ORIGINAL and each copy of the Bid shall be separately sealed and
put in separate envelopes and marked as such.
(b) The envelopes containing the ORIGINAL and copies will be put in one
sealed envelope and addressed / identified as given in Sub- Clause 19.2
hereof.
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19.2 The inner and outer envelopes shall:
(b) bear the name and identification number of the contract as defined in
the Bidding Data; and
(c) provide a warning not to open before the time and date for bid opening,
as specified in the Bidding Data.
19.3 In addition to the identification required in Sub- Clause 19.2 hereof, the inner
envelope shall indicate the name and address of the bidder to enable the bid to
be returned unopened in case it is declared “late” pursuant to Clause IB.21
19.4 If the outer envelope is not sealed and marked as above, the Procuring
Entity will assume no responsibility for the misplacement or premature
opening of the Bid.
20.1 (a) Complete Bids must be received by the Procuring Entity at the address
specified no later than the time and date stipulated in the Bidding Data
In the event of the specified date for the submission of bids declared a
holiday for the Procuring Entity, the Bids will be received up to the
appointed time on the next working day.
(b) Bids with charges payable will not be accepted, nor will arrangements
be undertaken to collect the bids from any delivery point other than that
specified above. Bidders shall bear all expenses incurred in the
preparation and delivery of bids. No claims will be entertained for
refund of such expenses.
(c) Where delivery of a bid is by mail and the bidder wishes to receive an
acknowledgment of receipt of such bid, he shall make a request for
such acknowledgment in a separate letter attached to but not included
in the sealed bid package.
20.2 The Procuring Entity may, at his discretion, extend the deadline for
submission of bids by issuing an amendment in accordance with Clause IB.9,
in which case all rights and obligations of the Procuring Entity and the bidders
previously subject to the original deadline will thereafter be subject to the
deadline as extended.
21.1 (a) Any bid received by the Procuring Entity after the deadline for
submission of bids prescribed in Clause IB.20 will be returned
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unopened to such bidder.
)
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22.1 Any bidder may modify, substitute or withdraw his bid after bid submission
provided that the modification, substitution or written notice of withdrawal is
received by the Procuring Entity prior to the deadline or the extended deadline
pursuant to clause IB.20.2, for submission of bids.
22.2 The modification, substitution or notice for withdrawal of any bid shall be
prepared, sealed, marked and delivered in accordance with the provisions of
Clause IB.19 with the outer and inner envelopes additionally marked
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL” as
appropriate.
22.3 No bid may be modified by a bidder after the deadline for submission of bids
except in accordance with Sub-Clauses 22.1 and 27.2.
22.4 Withdrawal of a bid during the interval between the deadline for submission
of bids and the expiration of the period of bid validity specified in the Form of
Bid may result in forfeiture of the Bid Security in pursuance to Clause IB.15.
23.1 The Procuring Entity will open all the bids received (except those received
late), including withdrawals, substitution and modifications made pursuant to
Clause IB.22, in the presence of bidders’ or their representatives who choose
to attend, at the time, date and location stipulated in the Bidding Data. In the
event of the specified date for the opening of bids being declared a holiday for
the Procuring Entity, the Bids will be opened at the appointed time and
location on the next working day. The bidders’ representatives who are present
shall sign a register evidencing their attendance.
23.3 The bidder’s name, total Bid Price and price of any Alternate Proposal(s), any
discounts, bid modifications, substitution and withdrawals, the presence or
absence of Bid Security and such other details as the Procuring Entity may
consider appropriate, will be announced by the Procuring Entity at the opening
of bids.
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23.4 Procuring Entity shall prepare minutes of the bid opening including the
information disclosed to those present in accordance with the Sub-Clause 23.3.
25.1 To assist in the examination, evaluation and comparison of bids, the Procuring
Entity may, at his discretion, ask any bidder for clarification of his bid,
including breakdowns of unit rates. The request for clarification and the
response shall be in writing but no change in the price or substance of the bid
shall be sought, offered or permitted except as required to confirm the
correction of arithmetic errors discovered by the Procuring Entity in the
evaluation of the bids in accordance with Clause IB.28.
26.1 Prior to the detailed evaluation of bids, the Procuring Entity will determine
whether each bid is substantially responsive to the requirements of the
Bidding Documents.
26.2 A substantially responsive bid is one which (i) meets the eligibility criteria;
(ii) has been properly signed; (iii) is accompanied by the required Bid
Security and (iv) conforms to all the terms, conditions and specifications of
the Bidding Documents, without material deviation or reservation. A material
deviation or reservation is one (i) which affect in any substantial way the
scope, quality or performance of the Works; (ii) which limits in any
substantial way, inconsistent with the Bidding Documents, the Procuring
Entity’s rights or the bidder’s obligations under the Contract; or (iii)
adoption/rectification whereof would affect unfairly the competitive position
f other bidders presenting substantially responsive bids.
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(b) where there is a discrepancy between the unit rate and the line item
total resulting from multiplying the unit rate by the quantity, the unit
rate as quoted will govern, unless in the opinion of the Procuring
Entity there is an obviously gross misplacement of the decimal point
in the unit rate, in which case the line item total as quoted will govern
and the unit rate will be corrected.
27.2 The amount stated in the Form of Bid will be adjusted by the Procuring
Entity in accordance with the above procedure for the correction of errors and
with the concurrence of the bidder, shall be considered as binding upon the
bidder. If the bidder does not accept the corrected bid price, his bid will be
rejected and the Bid Security shall be forfeited in accordance with Sub-
Clause 15.6(b) hereof.
28.1 The Procuring Entity will evaluate and compare only the bids determined
to be substantially responsive in accordance with Clause IB.26.
28.2 In evaluating the bids, the Procuring Entity will determine for each bid the
evaluated Bid Price by adjusting the Bid Price as follows:
28.3 The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in Bid evaluation.
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28.4 If the Bid of the successful bidder is seriously unbalanced in relation to the
Procuring Entity’s estimate of the cost of work to be performed under the Contract, the
Procuring Entity may require the bidder to produce detailed price analyses for
any or all items of the Bill of Quantities to demonstrate the internal
consistency of those prices with the construction methods and schedule
proposed. After evaluation of the price analyses, the Procuring Entity may
require that the amount of the Performance Security set forth in Clause IB.32
be increased at the expense of the successful bidder to a level sufficient to
protect the Procuring Entity against financial loss in the event of default
of the successful bidder under the Contract.
F. AWARD OF CONTRACT
IB.29 Award
29.1 Subject to Clauses IB.30 and IB.34, the Procuring Entity will award the
Contract to the bidder whose bid has been determined to be substantially
responsive to the Bidding Documents and who has offered the lowest
evaluated Bid Price, provided that such bidder has been determined to be
eligible in accordance with the provisions of Clause IB.3 and qualify pursuant
to Sub-Clause IB 29.2.
29.2 The Procuring Entity, at any stage of the bid evaluation, having credible
reasons for or prima facie evidence of any defect in supplier’s or contractor’s
capacities, may require the suppliers or contractors to provide information
concerning their professional, technical, financial, legal or managerial
competence whether already pre-qualified or not:
Provided that such qualification shall only be laid down after recording
reasons therefore in writing. They shall form part of the records of that bid
evaluation report.
IB.30 Procuring Entity’s Right to Accept any Bid and to Reject any or all Bids
30.1 Notwithstanding Clause IB.29, the Procuring Entity reserves the right to
accept or reject any Bid, and to annul the bidding process and reject all bids,
at any time prior to award of Contract, without thereby incurring any
liability to the affected bidders or any obligation except that the grounds for
rejection of all bids shall upon request be communicated to any bidder who
submitted a bid, without justification of grounds. Rejection of all bids shall
be notified to all bidders promptly.
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31.1 Prior to expiration of the period of bid validity prescribed by the Procuring
Entity, the Procuring Entity will notify the successful bidder in writing (“Letter
of Acceptance”) that his Bid has been accepted. This letter shall name the sum
which the Procuring Entity will pay the Contractor in consideration of the
execution and completion of the Works by the Contractor as prescribed by
the Contract (hereinafter and in the Conditions of Contract called the
“Contract Price”).
31.2 No Negotiation with the bidder having evaluated as lowest responsive or any
other bidder shall be permitted, however, Procuring Entity may have
clarification meetings to get clarify any item in the bid evaluation report.
31.3 The notification of award and its acceptance by the bidder will constitute the
formation of the Contract, binding the Procuring Entity and the bidder till
signing of the formal Contract Agreement.
32.1 The successful bidder shall furnish to the Procuring Entity a Performance
Security in the form and the amount stipulated in the Bidding Data and the
Conditions of Contract plus additional security for unbalanced bids in
accordance with Clause IB.28.4 within a period of 28 days after the receipt of
Letter of Acceptance.
32.2 Failure of the successful bidder to comply with the requirements of Sub-
Clause IB.32.1 or Clauses IB.33 or IB.35 shall constitute sufficient grounds
for the annulment of the award and forfeiture of the Bid Security.
33.2 The formal Agreement between the Procuring Entity and the successful
bidder shall be executed within 14 days of the receipt of the Contract
Agreement by the successful bidder from the Procuring Entity.
(22
)
I-15
The Procuring Entity reserves the right to obtain information regarding performance
of the bidders on their previously awarded contracts/works. The Procuring Entity
may in case of consistent poor performance of any Bidder as reported by the
Procuring Entity’s of the previously awarded contracts, inter alia, reject his bid
and/or refer the case to the Pakistan Engineering Council (PEC) and KPPRA. Upon
such reference, PEC / K P P R A in accordance with its rules, procedures and
relevant laws of the land take such action as may be deemed appropriate under the
circumstances of the case including black listing of such Bidder and debarring him
from participation in future bidding for similar works.
The Bidder shall sign and stamp the Integrity Pact provided at Appendix-L to Bid in
the Bidding Documents for all procurement contracts exceeding Rupees ten million.
Failure to provide such Integrity Pact shall make the bidder non- responsive.
Bids shall be prepared and submitted in accordance with these Instructions which are
provided to assist bidders in preparing their bids, and do not constitute part of the
Bid or the Contract Documents.
(23
)
BIDDING
DATA
(23 )
(24 )
BD-1
[NOTES ON BIDDING DATA
This Section is intended to assist the Procuring Entity in providing the specific
information in relation to corresponding clauses in Instructions to Bidders (IB) and should
be prepared to suit each individual contract.
The Procuring Entity should provide in the Bidding Data information and requirements
specific to the circumstances of the Procuring Entity, the processing of the Bid, the
applicable rules regarding Bid Price and currency, and the Bid evaluation criteria that
will apply to the Bids. In
preparing this section, the following aspects should be checked:
(a) Information that specifies and complements the provisions of section; Instruction to
Bidders must be incorporated.
(25 )
BD-2
Bidding Data
(This section should be filled in by the Procuring Entity before issuance of the Bidding
Documents.) The following specific data for the Works to be bid shall complement,
amend, or supplement the provisions in the Instructions to Bidders. Wherever there is a
conflict, the provisions herein shall prevail over those in the Instructions to Bidders.
[Instructions are provided, as needed, in italics.]
Instructions to Bidders
Clause Reference
[Insert brief summary, including relationship to other contracts under the Project. If
the Works are to be tendered in separate contracts, describe all the contracts.]
[Insert name of Borrower and statement of relationship with the Procuring Entity, if
different from the Borrower. This insertion should correspond to the information
provided in the Invitation for Bids.]
[The same language in which the Bidding Documents are written. English, should be
used in National/ International Competitive Bidding.]
(26 )
BD-3
13.1 Bidders to quote entirely in Pak. rupees but specify the percentages of foreign
currency they require.
[Insert number of days after the deadline for Bid submission. This period should be
realistic, allowing sufficient time to evaluate the Bids, bearing in mind the complexity
of the Works, and the time required for obtaining references, clarifications,
clearances, and approvals (including the Financing Agency's "No Objection" if it is a
bilateral or multilateral funding agency financed project) and for notification of the
award. Normally the validity period should not exceed 182 days.]
[This amount should be the same as also quoted in the Invitation for Bids. To avoid
disclosure of bidders’ prices originating in the financial institution issuing the
security, a fixed sum should be specified, in preference to a percentage of the Bid
Price. The sum should be the equivalent of 1 percent of the estimated cost of the
Works, for very large contracts of over Rs. 1,000 million, ranging to 3 percent of the
estimated cost, for small contracts. Alternatively, if the Procuring Entity wishes to
specify a percentage of the Bid Price, it should be indicated as a "minimum of
percent", to
enable bidders to provide in excess of the minimum and thus conceal their price.]
[Insert address of venue, or indicate that the meeting will not take place. The meeting
should take place not later than four weeks before the deadline for Bid submission. It
should take place concurrently with the Site visit, if any (see Sub-Clause IB-6).]
[Should match the receiving address provided in the Invitation for Bids.]
[The time and date should be the same as that given in the Invitation for Bids unless
subsequently amended pursuant to Sub Clause 20.2.]
(27 )
BD-4
23.1 Venue, time, and date of Bid opening:
[Date should be the same as that given for the deadline for submission of Bids
[Clause IB 20] but time for opening of bids shall be at least thirty minutes after the
time for the deadline for submission of bids].
32.1 Standard form and amount of Performance Security acceptable to the Procuring Entity:
[Select the kind of Performance Security (bank guarantee and / or bond), and indicate
the amount.
(28 )
FORM OF BID
AND
APPENDICES TO BID
(29 )
FB-1
FORM OF BID
Gentleman,
2. We understand that all the Appendices attached hereto form part of this Bid.
3. As security for due performance of the undertakings and obligations of this Bid, we
submit herewith a Bid Security in the amount of Rupees
(Rs. ) drawn in your favour or made payable to you and
valid for a period of days beginning from the date Bids are opened.
4. We undertake, if our Bid is accepted, to commence the Works and to complete the
whole of the Works comprised in the Contract within the time stated in Appendix-A
to Bid.
5. We agree to abide by this Bid for the period of days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any
time before the expiration of that period.
6. Unless and until a formal Agreement is prepared and executed, this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.
7. We do hereby declare that the Bid is made without any collusion, comparison of
figures or arrangement with any other bidder for the Works.
(30 )
FB-2
8. We understand that you are not bound to accept the lowest or any Bid you may
receive.
Signature:
Address:
Witness:
Signature:
Name:
Address.
Occupation
(31 )
BA-1
Appendix-A to Bid
SPECIAL STIPULATIONS
Clause
Conditions of Contract
1. Engineer’s Authority to issue Variation in 2.1 2% of the Contract Price stated in the
Emergency Letter of Acceptance.
2. Amount of Performance Security 10.1 10% of Contract Price stated in the Letter
of Acceptance.
3. Time for Furnishing Program 14.1 Within 42 days from the date of receipt of
Letter of Acceptance.
4. Minimum amount of Third Party Insurance 23.2 Rs. per occurrence with
number of occurrences unlimited.
5. Time for Commencement 41.1 Within 14 days from the date of receipt of
Engineer’s Notice to Commence which
shall be issued within fourteen (14) days
after signing of Contract Agreement.
6. Time for Completion 43.1, days from the date of receipt of
48.2 Engineer’s Notice to Commence.
7. a) Amount of Liquidated Damages 47.1 Rs. for each day of delay in
completion of the Works subject to a
maximum of 10% of Contract Price stated
in the Letter of Acceptance.
b) Amount of Bonus 47.3 Rs. for each day the Works are
completed before the specified completion
date of the Works subject to a maximum of
5% of Contract Price stated in the Letter of
Acceptance.
8. Defects Liability Period 49.1 days from the effective date of
Taking Over Certificate.
9. Percentage of Retention Money 60.2 10 % of the amount of Interim Payment
Certificate.
10. Limit of Retention Money 60.2 5 % of Contract Price stated in the Letter of
Acceptance.
11. Minimum amount of Interim Payment 60.2 Rs.
Certificates (Running Bills)
12 Time of Payment from delivery of Engineer’s 60.10 28 days in case of local currency or 42
Interim Payment Certificate to the Procuring days in case of foreign funded projects.
13 Entity.
Mobilization Advance * (Interest Free) 60.12 15 % of Contract Price stated in the Letter
of Acceptance.
* Delete if alternative one is not adopted.
(32 )
BB-1
Appendix-B to Bid
1. The Bidder may indicate herein below his requirements of foreign currency (if any),
with reference to various inputs to the Works.
(33 )
BC-1
Appendix-C To Bid
The source of indices and the weightages or coefficients for use in the adjustment
formula under Clause 70 shall be as follows:
Notes:
1) Indices for “(ii)” to “(vii)” are taken from the Government of Pakistan Federal Bureau
of Statistics, Monthly Statistical Bulletin. The base cost indices or prices shall be
those applying 28 days prior to the latest day for submission of bids. Current indices
or prices shall be those applying 28 days prior to the last day of the billing period.
2) Any fluctuation in the indices or prices of materials other than those given above shall
not be subject to adjustment of the Contract Price.
3) Fixed portion shown here is for typical road project, Procuring Entity to
determine the weightage of Fixed Portion considering only those cost elements
having cost impact of seven (7) percent or more on his specific project.
(Procuring Entity’s using this price adjustment provisions may add or delete any elements as
deemed appropriate to the project.)
(34 )
BD-1
Appendix-D to Bid
BILL OF QUANTITIES
A. Preamble
1. The Bill of Quantities shall be read in conjunction with the Conditions of Contract,
Specifications and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work executed and measured by the Contractor and verified by the
Engineer and valued at the rates and prices entered in the priced Bill of Quantities,
where applicable, and otherwise at such rates and prices as the Engineer may fix as
per the Contract.
3. The rates and prices entered in the priced Bill of Quantities shall, except insofar as it
is otherwise provided under the Contract include all costs of Contractor’s plant,
labour, supervision, materials, execution, insurance, profit, taxes and duties, together
with
all general risks, liabilities and obligations set out or implied in the Contract.
Furthermore all duties, taxes and other levies payable by the Contractor under the
Contract, or for any other cause, as on the date 28 days prior to deadline for
submission of Bids, shall be included in the rates and prices and the total Bid Price
submitted by the Bidder.
4. A rate or price shall be entered against each item in the priced Bill of Quantities,
whether quantities are stated or not. Unit rates must be offered in two decimal places
for an item. In case the bidder quotes rates for an item in more than two decimal
places, the same shall be considered upto two significant decimal places for evaluation
purposes. The cost of items against which the Contractor will have failed to enter a
rate or price shall be deemed to be covered by other rates and prices entered in the Bill
of Quantities.
5. The whole cost of complying with the provisions of the Contract shall be included in
the items provided in the priced Bill of Quantities, and where no items are provided,
the cost shall be deemed to be distributed among the rates and prices entered for the
related items of the Works.
6. General directions and description of work and materials are not necessarily repeated
nor summarized in the Bill of Quantities. References to the relevant sections of the
Bidding Documents shall be made before entering prices against each item in the
priced Bill of Quantities.
(35 )
(36 )
BD-2
Appendix-D to Bid
BILL OF QUANTITIES
Daywork Schedule
Summary Bill of Quantities
(37 )
BD-3
Appendix-D to Bid
BILL OF QUANTITIES
101
102
103
104
105
106
(38 )
BD-4
Appendix-D to Bid
BILL OF QUANTITIES
201
202
203
204
205
206
(39 )
BD-5
Appendix-D to Bid
301
302
303
304
305
306
(40 )
BD-6
Appendix-D to Bid
BILL OF QUANTITIES
401
402
403
404
205
406
(41 )
BD-7
Appendix-D to Bid
BILL OF QUANTITIES
501 Mobilization/Demobilization
(Lumpsum1) Cost
502
503
504
505
506
1
Not to exceed 10 % of Bid Price. To be used only if Alternative Two of Sub-Clause 60.12 of Conditions of
Contract is adopted.
(42 )
BD-8
Appendix-D to Bid
BILL OF QUANTITIES
C. Daywork Schedule
General
Daywork Labour
2. In calculating payments due to the Contractor for the execution of Daywork, the actual
time of classes of labour directly doing the Daywork ordered by the Engineer and for
which they are competent to perform will be measured excluding meal breaks and rest
periods. The time of gangers (charge hands) actually doing work with the gang will
also be measured but not the time of foreman or other supervisory personnel.
3. The Contractor shall be entitled to payment in respect of the total time that labour is
employed on Daywork, calculated at the basic rates entered by him in the Schedule of
Daywork Rates for labour together with an additional percentage, payment on basic
rates representing the Contractor’s profit, overheads, etc., as described below:
a) the basic rates for labour shall cover all direct costs to the Contractor,
including (but not limited to) the amount of wages paid to such labour,
transportation time, overtime, subsistence allowances and any sums paid to or
on behalf of such labour for social benefits in accordance with Pakistan law.
The basic rates will be payable in local currency only; and
(43 )
BD-9
Appendix-D to Bid
I. Labour
------etc------- Hr 500
(44 )
BD-10
Appendix-D to Bid
Daywork Material
4. The Contractor shall be entitled to payment in respect of materials used for Daywork
(except for materials for which the cost is included in the percentage addition to
labour costs as detailed heretofore), at the basic rates entered by him in the Schedule
of Daywork Rates for materials together with an additional percentage payment on the
basic rates to cover overhead charges and profit, as follows:
a) the basic rates for materials shall be calculated on the basis of the invoiced
price, freight, insurance, handling expenses, damage, losses, etc., and shall
provide for delivery to store for stockpiling at the site. The basic rates shall be
stated in local currency but payment will be made in the currency or currencies
expended upon presentation of supporting documentation;
b) the additional percentage payment shall be quoted by the Bidder and applied to
the equivalent local currency payments made under Sub-Para(a) above; and
(45 )
BD-11
Appendix-D to Bid
II. Materials
D204 -------etc--------
(46 )
BD-12
Appendix-D to Bid
6. In calculating the payment due to the Contractor for constructional plant employed on
Daywork, only the actual number of working hours will be eligible for payment,
except that where applicable and agreed with the Engineer, the travelling time from
the part of the Site where the constructional plant was located when ordered by the
Engineer to be employed on Daywork and the time for return journey thereto shall be
included for payment.
7. The basic rental rates for constructional plant employed on Daywork shall be stated in
Pakistani Rupees.
(47 )
BD-13
Appendix-D to Bid
Hr 100
D302 Tractor (tracked) including bull or
angle dozer:
(48 )
BD-14
Appendix-D to Bid
DAYWORK
Summary (Daywork)
Amount (Rs.)
(49 )
BD-15
Appendix-D to Bid
BILL OF QUANTITIES
SUMMARY
Amount (Rs.)
Sub-Total of Bills
Daywork
Bid Price
Note: All Provisional Sums are to be expended in whole or, in part at the direction and
discretion of the Engineer in accordance with Sub-Clauses 52.4 and 58.2 of the General
Conditions of Contract Part- I.
(50 )
BE-1
Appendix-E to Bid
Pursuant to Sub-Clause 43.1 of the General Conditions of Contract, the Works shall be
completed on or before the date stated in Appendix-A to Bid. The Bidder shall provide as
Appendix-E to Bid, the Construction Schedule in the bar chart (CPM, PERT or any other to
be specified herein) showing the sequence of work items and the period of time during which
he proposes to complete each work item in such a manner that his proposed program for
completion of the whole of the Works and parts of the Works may meet Procuring
Entity’s completion targets in days noted below and counted from the date of receipt of
Engineer’s Notice to Commence (Attach sheets as required for the specified form of
Construction Schedule):
b) Part-A days
c) Part-B days
d) days
e) days
(51 )
BF-1
Appendix-F to Bid
[The Bidder is required to submit a narrative outlining the method of performing the Work.
The narrative should indicate in detail and include but not be limited to:
1. Organization Chart indicating head office and field office personnel involved in
management and supervision, engineering, equipment maintenance and purchasing.
3. The method of executing the Works, the procedures for installation of equipment and
machinery and transportation of equipment and materials to the site.]
(52 )
BG-1
Appendix-G to Bid
[The Bidder will provide on Sheet 2 of this Appendix a list of all major equipment and related
items, under separate heading for items owned, to be purchased or to be arranged on lease by
him to carry out the Works. The information shall include make, type, capacity, and
anticipated period of utilization for all equipment which shall be in sufficient detail to
demonstrate fully that the equipment will meet all requirements of the Specifications.]
(53 )
BG-2
Appendix-G to Bid
a. Owned
b. To be
Purchased
c. To be
arranged
on Lease
(54 )
BH-1
Appendix-H to Bid
The Contractor in accordance with Clause 34 of the Conditions of Contract shall provide
description of his construction camp’s facilities and staff housing requirements.
The Contractor shall be responsible for pumps, electrical power, water and electrical
distribution systems, and sewerage system including all fittings, pipes and other items
necessary for servicing the Contractor’s construction camp.
The Bidder shall list or explain his plans for providing these facilities for the service of the
Contract as follows:
2. Provision of Services.
3. Construction of Facilities
a) Contractor’s Office. Workshop and Work Areas (areas required and proposed layout,
type of construction of buildings, etc.).
b) Warehouses and Storage Areas (area required, type of construction and
layout).
c) Housing and Staff Facilities (Plans for housing for proposed staff, layout, type
of construction, etc.).
4. Construction Equipment Assembly and Preparation (detailed plans for carrying out
this activity).
(55 )
BI-1
Appendix-I to Bid
LIST OF SUBCONTRACTORS
I/We intend to subcontract the following parts of the Work to subcontractors. In my/our
opinion, the subcontractors named hereunder are reliable and competent to perform that part
of the work for which each is listed.
Enclosed are documentation outlining experience of subcontractors, the curriculum vitae and
experience of their key personnel who will be assigned to the Contract, equipment to be
supplied by them, size, location and type of contracts carried out in the past.
(56 )
BJ-1
Appendix-J to Bid
Bidder’ estimate of the value of work which would be executed by him during each of the
periods stated below, based on his Program of the Works and the Rates in the Bill of
Quantities, expressed in thousands of Pakistani Rupees:
Ist Quarter
2nd Quarter
3rd Quarter
4th Quarter
5th Quarter
6th Quarter
7th Quarter
8th Quarter
9th Quarter
Bid Price
(57 )
BK-1
Appendix-K to Bid
ORGANIZATION CHART
FOR THE
SUPERVISORY STAFF AND LABOUR
(58 )
BL-1
Appendix-L to Bid
(INTEGRITY PACT)
Without limiting the generality of the foregoing, [name of Supplier] represents and warrants
that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and
not given or agreed to give and shall not give or agree to give to anyone within or outside
Pakistan either directly or indirectly through any natural or juridical person, including its
affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or
subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether described
as consultation fee or otherwise, with the object of obtaining or inducing the procurement of
a contract, right, interest, privilege or other obligation or benefit in whatsoever form from
GoP, except that which has been expressly declared pursuant hereto.
[name of Supplier] certifies that it has made and will make full disclosure of all agreements
and arrangements with all persons in respect of or related to the transaction with GoP and has
not taken any action or will not take any action to circumvent the above declaration,
representation or warranty.
[name of Supplier] accepts full responsibility and strict liability for making any false
declaration, not making full disclosure, misrepresenting facts or taking any action likely to
defeat the purpose of this declaration, representation and warranty. It agrees that any
contract, right, interest, privilege or other obligation or benefit obtained or procured as
aforesaid shall, without prejudice to any other rights and remedies available to GoP under any
law, contract or other instrument, be voidable at the option of GoP.
Notwithstanding any rights and remedies exercised by GoP in this regard, [name of Supplier]
agrees to indemnify GoP for any loss or damage incurred by it on account of its corrupt
business practices and further pay compensation to GoP in an amount equivalent to ten time
the sum of any commission, gratification, bribe, finder’s fee or kickback given by [name of
Supplier] as aforesaid for the purpose of obtaining or inducing the procurement of any
contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP.
(59 )
FORMS
BID SECURITY
PERFORMANCE SECURITY
CONTRACT AGREEMENT
MOBILIZATION ADVANCE GUARANTEE/BOND
(60 )
BS-1
BID SECURITY
(Bank Guarantee)
Security Executed on
(Date)
Name of Surety (Bank) with Address:
(Scheduled Bank in Pakistan)
Name of Principal (Bidder) with Address
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Bidder has
submitted the accompanying Bid dated for Bid No. for (Particulars
of Bid) to the said Procuring Entity; and
WHEREAS, the Procuring Entity has required as a condition for considering said Bid
that the Bidder furnishes a Bid Security in the above said sum from a Scheduled Bank in
Pakistan or from a foreign bank duly counter-guaranteed by a Scheduled Bank in
Pakistan, to the Procuring Entity, conditioned as under:
(1) that the Bid Security shall remain in force up to and including the date 28 days after
the deadline for validity of bids as stated in the Instructions to Bidders or as it may be
extended by the Procuring Entity, notice of which extension(s) to the Surety is
hereby waived;
(2) that the Bid Security of unsuccessful Bidders will be returned by the Procuring
Entity after expiry of its validity or upon signing of the Contract Agreement; and
(3) that in the event of failure of the successful Bidder to execute the proposed Contract
Agreement for such work and furnish the required Performance Security, the entire
said sum be paid immediately to the said Procuring Entity pursuant to Clause 15.6
of the Instruction to Bidders for the successful Bidder's failure to perform.
NOW THEREFORE, if the successful Bidder shall, within the period specified therefor, on
the prescribed form presented to him for signature enter into a formal Contract with the said
Procuring Entity in accordance with his Bid as accepted and furnish within twenty eight (28)
days of his being requested to do so, a Performance Security with good and sufficient surety,
as may be required, upon the form prescribed by the said Procuring Entity for the faithful
performance and proper fulfillment of the said Contract or in the event of non-withdrawal
of the said Bid within the time specified for its validity then this obligation shall be void and
of no effect, but otherwise to remain in full force and effect.
(61 )
BS-2
PROVIDED THAT the Surety shall forthwith pay the Procuring Entity the said sum upon
first written demand of the Procuring Entity (without cavil or argument) and without
requiring the Procuring Entity to prove or to show grounds or reasons for such demand,
notice of which shall be sent by the Procuring Entity by registered post duly addressed to
the Surety at its address given above.
PROVIDED ALSO THAT the Procuring Entity shall be the sole and final judge for
deciding whether the Principal (Bidder) has duly performed his obligations to sign the
Contract Agreement and to furnish the requisite Performance Security within the time stated
above, or has defaulted in fulfilling said requirements and the Surety shall pay without
objection the said sum upon demand from the Procuring Entity forthwith and without
any reference to the Principal (Bidder) or any other person.
IN WITNESS WHEREOF, the above bounden Surety has executed the instrument under its
seal on the date indicated above, the name and seal of the Surety being hereto affixed and
these presents duly signed by its undersigned representative pursuant to authority of its
governing body.
SURETY (Bank)
WITNESS: Signature
1. Name
Title
2.
(62 )
PS-1
Guarantee No.
Executed on
Expiry date
[Letter by the Guarantor to the Procuring
Entity]
NOW THEREFORE, if the Principal (Contractor) shall well and truly perform and fulfill all
the undertakings, covenants, terms and conditions of the said Documents during the original
terms of the said Documents and any extensions thereof that may be granted by the Procuring
Entity, with or without notice to the Guarantor, which notice is, hereby, waived and shall
also well and truly perform and fulfill all the undertakings, covenants terms and
conditions of the Contract and of any and all modifications of said Documents that may
hereafter be made, notice of which modifications to the Guarantor being hereby waived,
then, this obligation to be void; otherwise to remain in full force and virtue till all
requirements of Clause 49, Defects Liability, of Conditions of Contract are fulfilled.
Our total liability under this Guarantee is limited to the sum stated above and it is a condition
of any liability attaching to us under this Guarantee that the claim for payment in writing
shall be received by us within the validity period of this Guarantee, failing which we shall be
discharged of our liability, if any, under this Guarantee.
(63 )
PS-2
Guarantor (Bank)
Witness:
1. Signature
Name
Corporate Secretary (Seal)
Title
2.
(64 )
CA-1
FORM OF CONTRACT AGREEMENT
WHEREAS the Procuring Entity is desirous that certain Works, viz should be
executed by the Contractor and has accepted a Bid by the Contractor for the execution and
completion of such Works and the remedying of any defects therein.
NOW this Agreement witnesseth as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents after incorporating addenda, if any, except those parts
relating to Instructions to Bidders shall be deemed to form and be read and construed
as part of this Agreement, viz:
(65 )
CA-2
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day, month and year first before written in accordance with their respective laws.
(Seal) (Seal)
Witness: Witness:
(66 )
MG-1
MOBILIZATION ADVANCE GUARANTEE
AND WHEREAS, the Procuring Entity has agreed to advance to the Contractor, at the
Contractor's request, an amount of Rupees (Rs ) which amount
shall be advanced to the Contractor as per provisions of the Contract.
AND WHEREAS, the Procuring Entity has asked the Contractor to furnish Guarantee to
secure the mobilization advance for the performance of his obligations under the said
Contract.
AND WHEREAS,
(Scheduled Bank in Pakistan acceptable to the Procuring Entity) (hereinafter called the
“Guarantor”) at the request of the Contractor and in consideration of the Procuring Entity agreeing to
make the above advance to the Contractor, has agreed to furnish the
said Guarantee.
NOW, THEREFORE, the Guarantor hereby guarantees that the Contractor shall use the
advance for the purpose of above mentioned Contract and if he fails and commits default in
fulfillment of any of his obligations for which the advance payment is made, the
Guarantor shall be liable to the Procuring Entity for payment not exceeding the
aforementioned amount.
Notice in writing of any default, of which the Procuring Entity shall be the sole and final
judge, on the part of the Contractor, shall be given by the Procuring Entity to the Guarantor,
and on such first written demand, payment shall be made by the Guarantor of all sums
then due under this Guarantee without any reference to the Contractor and without any
objection.
This Guarantee shall remain in force until the advance is fully adjusted against payments from
the Interim Payment Certificates of the Contractor or until
whichever is earlier.
(Date)
The Guarantor's liability under this Guarantee shall not in any case exceed the sum of Rupees
(Rs ).
This Guarantee shall remain valid up to the aforesaid date and shall be null and void after the
aforesaid date or earlier if the advance made to the Contractor is fully adjusted against
payments from Interim Payment Certificates of the Contractor provided that the Guarantor
agrees that the aforesaid period of validity shall be deemed to be extended if on the above
mentioned date the advance payment is not fully adjusted.
(67 )
MG-2
GUARANTOR (BANK)
1. Signature
2. Name
3. Title
WITNESS
1.
2.
(Name Title & Address) Corporate Guarantor(Seal)
(68 )
[Notes on the Conditions of Contract
Over the years, a number of “model” General Conditions of Contract have evolved. The one
used in these Standard Bidding Documents was prepared by the International Federation of
Consulting Engineers (Federation Internationale des Ingenieurs-Conseils, or FIDIC), and is
commonly known as the FIDIC Conditions of Contract. (The used version is the fourth
edition, 1987, reprinted in 1992 with further amendments).
The FIDIC Conditions of Contract have been prepared for an ad measurement (unit price or
unit rate) type of contract, and cannot be used without major modifications for other types of
contract, such as lump sum, turnkey, or target cost contracts.
The standard text of the General Conditions of Contract chosen must be retained intact to
facilitate its reading and interpretation by bidders and its review by the Client. Any
amendments and additions to the General Conditions, specific to the contract in hand, should
be introduced in the Particular Conditions of Contract.
The use of standard conditions of contract for all civil Works will ensure comprehensiveness
of coverage, better balance of rights or obligations between Procuring Entity and Contractor,
general acceptability of its provisions, and savings in time and cost for bid preparation and
review, leading to more economic prices.
The FIDIC Conditions of Contract are copyrighted and may not be copied, faxed, or
reproduced. Without taking any responsibility of its being accurate, Pakistan Engineering
Council with prior consent of FIDIC Secretariat, has reproduced herein the FIDIC General
Conditions of Contract for reference purpose only which cannot be used by the users for
preparing their bidding documents. The bidding document may include a purchased copy, the
cost of which can be retrieved as part of the selling price of the bidding document.
Alternatively, the FIDIC Conditions of Contract can be referred to in the bidding documents,
and the bidders are advised to obtain copies directly from FIDIC.*
* Add the following text if the bidding documents, as issued, do not include a copy:
“Copies of the FIDIC Conditions of Contract can be obtained from:
FIDIC Secretariat
P.O. Box 86
1000 Lausanne 12
Switzerland
e-mail: fidic.pub@fidic.org – FIDIC.org/bookshop]
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FEDERATION INTERNATIONAL DES INGENIEURS-
CONSEILS
CONDITIONS OF CONTRACT
FOR WORKS OF CIVIL
ENGINEERING
CONSTRUCTION
PART I GENERAL CONDITIONS
WITH FORMS OF TENDER AND AGREEMENT
Copies of the FIDIC Conditions of Contract 4 th Edition, 1987 reprinted in 1992 with
further amendments can be obtained from:
FIDIC SECRETARIAT
P.O BOX NO. 86
1000 Lausanne 12
Switzerland
e-mail fidic.pub@fidic.org-FIDIC org/bookshop
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TABLE OF CONTENTS
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TABLE OF CONTENTS
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PART II - PARTICULAR CONDITIONS OF CONTRACT
(Mandatory Provisions not to be Amended / Substituted except as instructed by
KPPRA)
1.1 Definitions
(a)(vi) “Bidder or Tenderer” means any person or persons, company, corporation, firm or
joint venture submitting a Bid or Tender.
The word “Tender” is synonymous with “Bid” and the word “Tender Documents”
with “Bidding Documents”.
“Contract Price” means the sum stated in the Letter of Acceptance as payable to the
Contractor for the execution and completion of the Works subject to such additions
thereto or deductions therefrom as may be made and remedying of any defects therein
in accordance with the provisions of the Contract.
With reference to Sub-Clause 2.1(b), the following provisions shall also apply;
The Engineer shall obtain the specific approval of the Procuring Entity before carrying
out his duties in accordance with the following Clauses:
(i) Consenting to the sub-letting of any part of the Works under Sub-Clause 4.1
“Subcontracting”.
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(ii) Certifying additional cost determined under Sub-Clause 12.2 “Not Foreseeable
Physical Obstructions or Conditions”.
(iii) Any action under Clause 10 “Performance Security” and Clauses 21,23,24 &
25 “Insurance” of sorts.
(iv) Any action under Clause 40 “Suspension”.
(v) Any action under Clause 44 “Extension of Time for Completion”.
(vi) Any action under Clause 47 “Liquidated Damages for Delay” or Payment of
Bonus for Early Completion of Works (PCC Sub-Clause 47.3).
b) if such variation would increase the Contract Price by less than the
amount stated in the Appendix-A to Bid.
(Note: Procuring Entity may further vary according to need of the project)
* (If in the opinion of the Engineer an emergency occurs affecting the safety of life or
of the Works or of adjoining property, the Engineer may, without relieving the
Contractor of any of his duties and responsibilities under the Contract, instruct the
Contractor to execute all such work or to do all such things as may, in the opinion of
the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith
comply with any such instruction of the Engineer. The Engineer shall determine an
addition to the Contract Price, in respect of such instruction, in accordance with
Clause 52 and shall notify the Contractor accordingly, with a copy to the Procuring
Entity.)
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2.2 Engineer’s Representative
Approval, reviews and inspection by the Engineer of any part of the Works does not
relieve the Contractor from his sole responsibility and liability for the supply of
materials, plant and equipment for construction of the Works and their parts in
accordance with the Contract and neither the Engineer's authority to act nor any
decision made by him in good faith as provided for under the Contract whether to
exercise or not to exercise such authority shall give rise to any duty or responsibility
of the Engineer to the Contractor, any Subcontractor, any of their representatives or
employees or any other person performing any portion of the Works.
“If the Procuring Entity intends to replace the Engineer, the Procuring Entity shall, not
less than 14 days before the intended date of replacement, give notice to the
Contractor, of the name, address and relevant experience of the intended
replacement Engineer. The Procuring Entity shall not replace the Engineer with a
person against whom the Contractor raises reasonable objection by notice to the
Procuring Entity, with supporting particulars.”
The documents listed at (1) to (6) of the Sub-Clause are deleted and substituted with
the following:
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(10) The Specifications; and
(11) (any other).
In case of discrepancies between drawings, those of larger scale shall govern unless
they are superseded by a drawing of later date regardless of scale. All Drawings and
Specifications shall be interpreted in conformity with the Contract and these
Conditions. Addendum, if any, shall be deemed to have been incorporated at the
appropriate places in the documents forming the Contract.
The Contractor shall submit to the Engineer for review 3 copies of all shop and
erection drawings applicable to this Contract as per provision of relevant Sub-Clause
of the Contract.
Review and approval by the Engineer shall not be construed as a complete check but
will indicate only that the general method of construction and detailing is satisfactory
and that the Engineer’s review or approval shall not relieve the Contractor of any of
his responsibilities under the Contract.
At the completion of the Works under the Contract, the Contractor shall furnish to the
Engineer 6 copies and one reproducible of all drawings amended to conform with the
Works as built. The price of such Drawings shall be deemed to be included in the
Contract Price.
The Contractor shall provide Performance Security to the Procuring Entity in the
prescribed form. The said Security shall be furnished or caused to be furnished by the
Contractor within 28 days after the receipt of the Letter of Acceptance. The
Performance Security shall be of an amount equal to 10% of the Contract Price
stated in the Letter of Acceptance. Such Security shall, at the option of the bidder,
be in the form of either (a) bank guarantee from any Scheduled Bank in Pakistan or
(b) bank guarantee from a bank located outside Pakistan duly counter-guaranteed
by a Scheduled Bank in Pakistan or (c) an insurance company having atleast AA
rating from PACRA/JCR.
The cost of complying with requirements of this Sub-Clause shall be borne by the
Contractor.
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10.4 Performance Security Binding on Variations and Changes
The program shall be submitted within 42 days from the date of receipt of Letter of
Acceptance, which shall be in the form of:
The detailed Cash Flow Estimate shall be submitted within 21 days from the date of
receipt of Letter of Acceptance
a) For purposes of Sub-Clause 14.1, the Contractor shall submit to the Engineer detailed
program for the following:
(b) During the period of the Contract, the Contractor shall submit to the Engineer not later
than the 8th day of the following month, 5 copies each of Monthly Progress Reports
covering:
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daily record shall include particulars of weather conditions, number of men working,
deliveries of materials, quantity, location and assignment of Contractor’s equipment.
The Contractor is encouraged, to the extent practicable and reasonable, to employ staff
and labour from sources within KPK.
In order to provide for the safety, health and welfare of' persons, and for prevention of
damage of any kind, all operations for the purposes of or in connection with the
Contract shall be carried out in compliance with the Safety Requirements of the
Government of Pakistan and KPK with such modifications thereto as the
Engineer may authorize or direct and the Contractor shall take or cause to be
taken such further measures and comply with such further requirements as the
Engineer may determine to be reasonably necessary for such purpose.
The Contractor shall make, maintain and submit reports to the Engineer concerning
safety, health and welfare of persons and damage to property, as the Engineer may
from time to time prescribe.
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19.4 Lighting Work at Night
In the event of work being carried out at night, the Contractor shall at his own cost,
provide and maintain such good and sufficient light as will enable the work to proceed
satisfactorily and without danger. The approaches to the Site and the Works where the
night-work is being carried out shall be sufficiently lighted. All arrangement adopted
for such lighting shall be to the satisfaction of the Engineer’s
Representative.
(a) insofar as they directly affect the execution of the Works in KPK
(i) war and hostilities (whether war be declared or not), invasion, act of foreign
enemies,
(ii) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(iii) ionizing radiations, or contamination by radioactivity from any nuclear fuel, or
from any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component thereof,
(iv) pressure waves caused by aircraft or other aerial devices travelling at sonic or
supersonic speeds,
(v) riot, commotion or disorder, unless solely restricted to the employees of the
Contractor or of his Subcontractors and arising from the conduct of the Works;
(b) loss or damage due to the use or occupation by the Procuring Entity of any Section or
part of the Permanent Works, except as may be provided for in the Contract;
(c) loss or damage to the extent that it is due to the design of the Works, other than any
part of the design provided by the Contractor or for which the Contractor is
responsible; and
(d) any operation of the forces of nature (insofar as it occurs on the Site) which an
experienced contractor:
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21.4 Exclusions
There shall be no obligation for the insurances in Sub-Clause 21.1 to include loss or
damage caused by the risks listed under Sub-Clause 20.4 para (a) (i) to (iv).
The Contractor shall be obliged to place all insurances relating to the Contract
(including, but not limited to, the insurances referred to in Clauses 21, 23 and 24) with
either National Insurance Company of Pakistan or any other insurance company
operating in Pakistan and acceptable to the Procuring Entity.
During the execution of the Works, the Contractor shall co-operate fully with other
contractors working for the Procuring Entity at and in the vicinity of the Site and
also shall provide adequate precautionary facilities not to make himself a nuisance
to local residents and other contractors.
The Contractor shall pay rates of' wages and observe conditions of labour not less
favourable than those established for the trade or industry where the work is carried
out. In the absence of any rates of wages or conditions of labour so established, the
Contractor shall pay rates of wages and observe conditions of labour which are not
less favourable than the general level of wages and conditions observed by other
Procuring Entities whose general circumstances in the trade or in industry in
which the Contractor is engaged are similar.
The Contractor shall not recruit his staff and labour from amongst the persons in the
services of the Procuring Entity or the Engineer; except with the prior written consent
of the Procuring Entity or the Engineer, as the case may be.
Save insofar as the Contract otherwise provides, the Contractor shall provide and
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maintain such housing accommodation and amenities as he may consider necessary
for all his supervisory staff and labour, employed for the purposes of or in connection
with the Contract including all fencing, electricity supply, sanitation, cookhouses, fire
prevention, water supply and other requirements in connection with such housing
accommodation or amenities. On completion of the Contract the temporary camps or
housing provided by the Contractor shall be removed and the Site reinstated to its
original condition, all to the approval of the Engineer.
Due precautions shall be taken by the Contractor, and at his own cost, to ensure the
safety of his staff and labour at all times throughout the period of the Contract. The
Contractor shall further ensure that suitable arrangements are made for the prevention
of epidemics and for all necessary welfare and hygiene requirements.
34.6 Epidemics
In the event of any outbreak of illness of an epidemic nature, the Contractor shall
comply with and carry out such regulations, orders and requirements as may be made
by the Government, or the local medical or sanitary authorities, for purpose of dealing
with and overcoming the same.
The Contractor shall not, otherwise than in accordance with the Statutes, Ordinances
and Government Regulations or Orders for the time being in force, import, sell, give,
barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any
such importation, sale, gift, barter or disposal by his Subcontractors, agents, staff or
labour.
The Contractor shall not give, or otherwise dispose of to any person or persons, any
arms or ammunition of any kind or permit or suffer the same as aforesaid.
The Contractor shall in all dealings with his staff and labour have due regard to all
recognized festivals, days of rest and religious and other customs.
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34.11 Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any
unlawful, riotous or disorderly conduct by or amongst staff and labour and for the
preservation of peace and protection of persons and property in the neighbourhood of
the Works against the same.
The Contractor shall maintain such records and make such reports concerning safety,
health and welfare of persons and damage to property as the Engineer may from time
to time prescribe.
The Contractor shall report to the Engineer details of any accident as soon as possible
after its occurrence. In the case of any fatality or serious accident, the Contractor shall,
in addition, notify the Engineer immediately by the quickest available means.
The Contractor shall , so far as may be consistent with the Contract, make the
maximum use of materials, supplies, plant and equipment indigenous to or produced
or fabricated in Pakistan and services, available in Pakistan preferably in KPK
provided such materials, supplies, plant, equipment and services shall be of required
standard.
The Contractor shall commence the Works on Site within the period named in
Appendix-A to Bid from the date of receipt by him from the Engineer of a written
Notice to Commence. Thereafter, the Contractor shall proceed with the Works with
due expedition and without delay.
(82 )
47.3 Bonus for Early Completion of Works
The Contractor shall in case of earlier completion for either whole or part(s) of the
Works pursuant to Sub-Clauses 48.1 and 48.2(a) respectively of the General
Conditions of Contract, be paid bonus up-to a limit and at a rate equivalent to 50% of
the relevant limit and rate of liquidated damages prescribed in Appendix-A to Bid
“Special Stipulations”.
For the purposes of para (a) of this Sub-Clause, separate Times for Completion shall
be provided in the Appendix-A to Bid “Special Stipulations”.
At the end of the first sentence, after the word “Engineer", the words “in writing” are
added.
In the tenth line, after the words “Engineer shall” the following is added:
within a period not exceeding one-eighth of the completion time subject to a
minimum of 28 days from the date of disagreement whichever is later.
The Contractor shall, upon request by the Engineer at any time in relation to any item
of hired Contractor’s Equipment, forthwith notify the Engineer in writing the name and address of
the Owner of the equipment and shall certify that the agreement for the hire thereof
contains a provision in accordance with the requirements set forth above.
The Contractor shall pay to the nominated Subcontractor the amounts which the
Engineer certifies to be due in accordance with the subcontract. These amounts plus
other charges shall be included in the Contract Price in accordance with Clause 58
[Provisional Sums], except as stated in Sub-Clause 59.5 [Certification of Payments].
(83 )
59.5 Certification of Payments & Nominated Subcontractors
then the Procuring Entity may (at his sole discretion) pay direct to the
nominated Subcontractor, part or all of such amounts previously certified (less
applicable deductions) as are due to the nominated Subcontractor and for which the
Contractor has failed to submit the evidence described in sub-paragraphs (a) or (b)
above. The Contractor shall then repay, to the Procuring Entity, the amount
which the nominated Subcontractor was directly paid by the Procuring Entity.
In the first line after the word “shall”, the following is added:
“on the basis of the joint measurement of work done under Clause 56.1,”
In Para (c) the words “the Appendix to Tender” are deleted and substituted with the
words “ Sub-Cause 60.11 (a)(6) hereof”. (in case Clause 60.11 is applicable)
The amount due to the Contractor under any Interim Payment Certificate issued by the
Engineer pursuant to this Clause, or to any other terms of the Contract, shall , subject
to Clause 47, be paid by the Procuring Entity to the Contractor within 30 days
after such Interim Payment Certificate has been jointly verified by Procuring Entity
and Contractor, or, in the case of the Final Certificate referred to in Sub Clause 60.8,
within 60 days after such Final Payment Certificate has been jointly verified by
Procuring Entity and Contractor; Provided that the Interim Payment shall be caused
in 42 days and Final Payment in 60 days in case of foreign funded project. In the
event of the failure of the Procuring Entity to make payment within the times
stated, the Procuring Entity shall pay to the Contractor compensation at the 28
days rate of KIBOR+2% per annum for local currency and LIBOR+1% for foreign
currency, upon all sums unpaid from the date by which the same should have been
paid. The provisions of this Sub-Clause are without prejudice to the Contractor’s
entitlement under Clause 69.
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The following Sub-Clause 60.11 is added:
(1) The materials are in accordance with the Specifications for the
Permanent Works;
(2) Such materials have been delivered to the Site and are properly stored
and protected against loss or damage or deterioration to the satisfaction
of the Engineer but at the risk and cost of the Contractor;
(3) The Contractor’s records of the requirements, orders, receipts and use
of materials are kept in a form approved by the Engineer, and such
records shall be available for inspection by the Engineer;
(4) The Contractor shall submit with his monthly statement the estimated
value of the materials on Site together with such documents as may be
required by the Engineer for the purpose of valuation of materials and
providing evidence of ownership and payment therefor;
(6) The sum payable for such materials on Site shall not exceed 75 %
of the (i) landed cost of imported materials, or (ii) ex-factory /
ex-warehouse price of locally manufactured or produced materials, or
(iii) market price of other materials.
(b) The recovery of Secured Advance paid to the Contractor under the above
provisions shall be effected from the monthly payments on actual consumption
basis.
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(Appropriate alternative only to be retained)
(1) First part within 14 days after signing of the Contract Agreement or
date of receipt of Engineer’s Notice to Commence, whichever is
earlier; and
(2) Second part within 42 days from the date of payment of the first part,
subject to the satisfaction of the Engineer as to the state of mobilization
of the Contractor.
Mobilization Cost shall be paid to the Contractor as a part of the priced Bill of
Quantities. This cost shall not exceed 10 % of the Tender Price and shall be paid to
the Contractor as follows:
(i) 80 % of the Mobilization Cost shall be paid for mobilization at Site. This
payment shall be in three stages as follows:
(ii) 20 % of Mobilization Cost shall be paid for operation and maintenance of the
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constructed facilities and for demobilization as per schedule of payment to be
submitted by the Contractor in accordance with Clause 57.2 and approved by
the Engineer.
The Procuring Entity shall supply to the Contractor materials, like cement, steel,
bitumen or any other material whichever deemed necessary to complete the project;
and the cost thereof shall be recovered from the Contractor through monthly
statements on the basis of actual consumption.
The list of materials, quantities and rates to be charged to the Contractor shall be
provided along with Appendix-A to Bid “Special Stipulations”.
(Procuring Entity may opt either “Secured Advance on Materials” or “Financial
Assistance to Contractor”)
Provided further that in addition to the action taken by the Procuring Entity
against the Contractor under this Clause, the Procuring Entity may also refer the case
of default of the Contractor to Pakistan Engineering Council for punitive action under
the Construction and Operation of Engineering Works Bye-Laws 1987, as amended
from time to time as well as under the prevailing rules of KPPRA.
67. 3 Arbitration
In the sixth to eight lines, the words “shall be finally settled .......... appointed under
such Rules” are deleted and substituted with the following:
shall be finally settled under the provisions of the Arbitration Act, 1940 as amended or
any statutory modification or re-enactment thereof for the time being in force.
For the purposes of this Sub-Clause, the Contractor shall, immediately after receipt of
Letter of Acceptance, intimate in writing to the Procuring Entity and the
Engineer by registered post, the address of his principal place of business or any
change in such address during the period of the Contract.
(87 )
68.2 Notice to Procuring Entity and Engineer
b) The Engineer:
(to be filled in by the Procuring Entity as appropriate)
Sub-Clause 70.1 is deleted in its entirety, and substituted with the following:
The amounts payable to the Contractor, pursuant to Sub-Clause 60.1, shall be adjusted
in respect of the rise or fall in the cost of labor, materials, and other inputs to the
Works, by applying to such amount the formula prescribed in this Sub-Clause.
To the extent that full compensation for any rise or fall in costs to the Contractor is
not covered by the provisions of this or other Clauses in the Contract, the unit rates
and prices included in the Contract shall be deemed to include amounts to cover
the contingency of such other rise or fall of costs.
Ln Mn En ……………….
Pn A b c d
Lo Mo Eo
Where:
Pn is a price adjustment factor to be applied to the amount for the payment of the
work carried out in the subject month, determined in accordance with Paragraph
60.1 (a), and with Paragraphs 60.1 (b) and (e), where any variations and daywork
are not otherwise subject to adjustment;
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etc., shall be one;
Ln, Mn, En, etc., are the current cost indices or reference prices of the cost
elements for month “n”, determined pursuant to Sub-Clause 70.1(d), applicable to
each cost element; and
Lo, Mo, Eo, etc., are the base cost indices or reference prices corresponding to the
above cost elements at the date specified in Sub-Clause 70.1(d).
The base cost indices or prices shall be those prevailing on the day 28 days prior to
the latest date for submission of bids. Current indices or prices shall be those
prevailing on the day 28 days prior to the last day of the period to which a
particular monthly statement is related. If at any time the current indices are not
available, provisional indices as determined by the Engineer will be used, subject
to subsequent correction of the amounts paid to the Contractor when the current
indices become available.
If the Contractor fails to complete the Works within the Time for Completion
prescribed under Clause 43, adjustment of prices thereafter until the date of
completion of the Works shall be made using either the indices or prices relating to
the prescribed time for completion, or the current indices or prices, whichever is
more favorable to the Procuring Entity, provided that if an extension of time is
granted pursuant to Clause 44, the above provision shall apply only to
adjustments made after the expiry of such extension of time.
(f) Weightages
The weightages for each of the factors of cost given in Appendix-C to Bid shall be
adjusted if, in the opinion of the Engineer, they have been rendered unreasonable,
unbalanced, or inapplicable as a result of varied or additional work executed or
instructed under Clause 51. Such adjustment(s) shall have to be agreed in the
variation order.
The following Sub-Clauses 73.1, 73.2, 74.1, 75.1, 76.1, 77.1and 78.1 are added:
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of all their income tax, super tax and other taxes on income arising out of the Contract
and the rates and prices stated in the Contract shall be deemed to cover all such taxes.
If the Contractor or any of his Subcontractors, agents or servants is found to have violated or
involved in violation of the Integrity Pact signed by the Contractor as Appendix-L to his Bid,
then the Procuring Entity shall be entitled to:
(a) recover from the Contractor an amount equivalent to ten times the sum of any
commission, gratification, bribe, finder’s fee or kickback given by the Contractor
or any of his Subcontractors, agents or servants;
(c) recover from the Contractor any loss or damage to the Procuring Entity as a result
of such termination or of any other corrupt business practices of the Contractor
or any of his Subcontractors, agents or servants.
The termination under Sub-Para (b) of this Sub-Clause shall proceed in the manner
prescribed under Sub-Clauses 63.1 to 63.4 and the payment under Sub-Clause 63.3 shall
be made after having deducted the amounts due to the Procuring Entity under Sub-Para
(a) and (c) of this Sub-Clause.
The Procuring Entity shall be entitled to terminate the Contract at any time for the
Procuring Entity's convenience after giving 56 days prior notice to the Contractor, with a
copy to the Engineer. In the event of such termination, the Contractor :
(b) shall be paid by the Procuring Entity as provided in Sub-Clause 65.8 hereof.
The Contractor or his Subcontractors or assigns shall follow strictly, all relevant
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labour laws including the Workmen's Compensation Act and the Procuring Entity
shall be fully indemnified for all claims, damages etc. arising out of any dispute
between the Contractor, his Subcontractors or assigns and the labour employed by
them.
If the Contractor is a joint venture of two or more persons, all such persons shall be
jointly and severally bound to the Procuring Entity for the fulfillment of the terms
of the Contract and shall designate one of such persons to act as leader with authority
to bind the joint venture. The composition or the constitution of the joint venture
shall not be altered without the prior consent of the Procuring Entity.
The Contractor shall treat the details of the Contract as private and confidential, save
in so far as may be necessary for the purposes thereof, and shall not publish or
disclose the same or any particulars thereof in any trade or technical paper or
elsewhere without the prior consent in writing of the Procuring Entity or the Engineer.
If any dispute arises as to the necessity of any publication or disclosure for the purpose
of the Contract, the same shall be referred to the decision of the Engineer whose
award shall be final.
(91 )
PART II –PARTICULAR CONDITIONS OF CONTRACT
Index Clause
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)
Index Clause
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)
SPECIFICATIONS-
SPECIAL PROVISIONS
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)
SPECIFICATIONS-
TECHNICAL PROVISIONS
(169
)
DRAWINGS
(170
)
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