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NATIONAL STANDARD BIDDING
DOCUMENT
Procurement of Therapeutic Goods
(Pharmaceuticals)
(Single Stage or Single Stage Two Envelop Procedure)

(National and International Competitive Bidding)

Public Procurement Regulatory Authority

Pakistan

May, 2022

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 ACKNOWLEDGEMENT

The Authority acknowledge the contribution of following officers of the

Authority for development and finalization of this document:

i. Engr. Muhammad Zubair, Director General (M&E) PPRA

ii. Mr. Muhammad Ibrahim R. Khan, Deputy Director (M&E) PPRA

iii. Dr. Asim Jaleel, Deputy Director (M&E) PPRA

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 PREFACE

Public Procurement is carried out in Pakistan in accordance with the provisions laid
down in Public Procurement Regulatory Framework consisted of Public Procurement
Ordinance- 2002; Public Procurement Rules-2004 and allied Regulations, Regulatory
Guides and Guidelines.

National Standard Bidding/Procurement Documents are developed for standardizing

the procurement procedures and practices in the procuring agencies of the Federation
of Pakistan and has the status of the Regulations in terms of section 27 of the PPRA
Ordinance read with Rule-23(4) of Public Procurement Rules.

The document consists of general as well as specific provisions to be applicable for the
procurement of Therapeutic Goods (Pharmaceuticals). The specific provisions
supplement to the general provisions and may be amended or opted by the procuring
agencies in the manner and to the extent prescribed in the respective sections.

This document is a live document, and may be updated on quarterly basis considering
the regulatory experience feedback based on monitoring the procurement practices and
valuable suggestions of the stakeholders (i.e. procuring agencies, vendors and general
public).

This document is being issued as a Trial Version, and hence any suggestions may be
sent to the following address:

Engineer Muhammad Zubair, Director General (M&E) PPRA G-5/2 Islamabad

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 Table of Contents
Standard Bidding Documents for Procurement of Pharmaceuticals..............................................5
PART-A BIDDING PROCEDURE & REQUIREMENTS.................................................................7
SECTION I: INVITATION TO BIDS..........................................................................................7
SECTION II: INSTRUCTION TO BIDDERS (ITBs)................................................................10
A. INTRODUCTION..........................................................................................................11
B. BIDDING DOCUMENTS..............................................................................................15
C. PREPARATION OF BIDS.............................................................................................17
D. SUBMISSION OF BIDS.................................................................................................29
E. OPENING AND EVALUATION OF BIDS................................................................32
F. AWARD OF CONTRACT.............................................................................................46
G. GRIEVANCE REDRESSAL & COMPLAINT REVIEW MECHANISM................50
H. MECHANISM OF BLACKLISTING...........................................................................52
SECTION III: BID DATA SHEET.............................................................................................55
SECTION IV. ELIGIBLE COUNTRIES....................................................................................64
SECTION V: SCHEDULE OF REQUIREMENTS, TECHNICAL SPECIFICATIONS......65
SECTION VI- EVALUATION AND QUALIFICATION CRITERIA..................................78
SECTION VII: STANDARD FORMS......................................................................................82
PART B CONDITIONS OF THE CONTRACT..............................................................................105
SECTION VIII: GENERAL CONDITIONS OF THE CONTRACT....................................105
SECTION VIII: SPECIAL CONDITIONS OF THE CONTRACT (SCC)...........................127
SECTION IX: CONTRACT FORMS.......................................................................................136
Form of Contract...............................................................................................................137
Performance Guarantee Form.........................................................................................139
Integrity Pact.....................................................................................................................140

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 Standard Bidding Documents for Procurement of Therapeutic Goods
(Pharmaceuticals)
PART-A – BIDDING PROCEDURE & REQUIREMENTS

Section I - Invitation to Bids

Section II- Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their Bids.
Information is also provided on the submission, opening, and
evaluation of Bids and on the award of Contracts. This Section contains
provisions that are to be used without modifications.
Section III- Bid Data Sheet (BDS)
This Section includes provisions specific to procurement and to
supplement Section-II, Instructions to Bidders. This section may be
customized where option is available, in accordance with the
requirements of the Procuring Agency.
Section IV - Eligible Countries
This Section contains information regarding eligible countries.
Section V - Technical Specifications, Schedule of Requirements
This Section includes the List of Therapeutic Goods and Related Services,
the Delivery and Completion Schedules, the Technical Specifications and
the Drawings that describe the Therapeutic Goods and Related Services to
be procured.
Section VI- Evaluation and Qualification Criteria
This Section specifies the criteria to determine the “Most Advantageous
Bid” and qualification of the bidder to perform the contract
Section VII- Standard Forms
This Section includes the standard forms for the Bid Submission, Price
Schedules, and Bid Security etc. These forms are to be completed and
submitted by the Bidder as part of its Bid.

PART-B – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII - General Conditions of Contract (GCC)

This Section includes the general clauses to be applied in all the
contracts. This Section contains provisions that are to be used without
modifications.

Section IX - Special Conditions of Contract (SCC)

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 This Section consists of Contract Data and Specific Provisions which
contains clauses specific to this contract. This section may be customized
where option is available, in accordance with the requirements of the
Procuring Agency.
Section X- Contract Forms
This Section contains forms which, once completed, will become part of
the Contract. The forms for Performance Security will be submitted by
the successful bidder to whom Letter of Acceptance is issued, before the
award of contract.
Integrity Pact
The successful bidder shall be required to furnish Integrity Pact as per the
attached format.

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PART-A BIDDING PROCEDURE & REQUIREMENTS

SECTION I: INVITATION TO BIDS

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[Insert Name of Procuring Agency]

[Insert Logo]

Bid No. …………………….

For

[Insert title or brief description of the pharmaceuticals]

Invitation to Bids

Date: ………………..

1. This Invitation to Bids follows the Procurement Notice (PN) or Procurement

Advertisement (PA) No. -------- of for the subject Project/Procurement which
appeared in [insert media] vide dated [insert dates of issue of PN/PA].

2. The Procuring Agency has reserved the funds for the procurement planned
during the financial year [insert the financial year]. It is intended that part of the
proceeds of the fund will be used to cover eligible payment under the contract
for the [insert the name of the contract].

or

The [insert name of Procuring Agency] has received/has applied for/intends to

apply for a [loan/credit /grant] from the [name of financing institution] towards
the cost of [insert name of project], and it intends to apply part of the proceeds of
this [loan/credit/grant] to cover eligible payments under the contract for [insert
name of the contract].

3. The [Insert the name of the Procuring Agency] now invites sealed bids from
eligible Suppliers of [insert brief description of the pharmaceuticals to be
procured].

4. The bidding shall be conducted in line with the [insert procedure of

procurement] procedure of the Public Procurement Rules 2004 and any
Regulations, Regulatory Guides, Procurement Guidelines or Instructions issued
by the Authority (from time to time), and is open to all potential bidders.

5. All bids must be accompanied by a Bid Security [if Bid Security so requires] in an
acceptable form in the amount of [insert the amount in local currency] or freely
convertible currencies in case of foreign Bidders.

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 OR

All bids must be accompanied by a Bid Securing Declaration [if Bid Securing
Declaration is required] in the format provided in the Bidding Documents.

6. Bidding documents showing detailed terms and conditions, method of

procurement, procedure for submission of bids, bid security, bid validity,
opening of bid, evaluation criteria, clarification / rejection of bids, performance
guarantee etc. are available at (insert website address) free of cost or can be
obtained from the office of undersigned during office hours before the closing
date on payment of Rs. 1000/-.
7.
8. If bid closing / opening date falls on local / national holiday, the date of bid
closing / opening shall be the next working day on the same time and venue.

9. The original bid along with [Insert the number of copies required] copies,
properly filled in, and enclosed in sealed envelope(s) must be delivered to the
address [insert physical address, room number, floor, building/plot] at or before
[insert time and date]. The bids (or technical part of the bids as the case may be)
will be opened (insert date and time) in the presence of bidders’ representatives
who choose to attend in the opening at the [insert the physical address of the
place for Bid opening].

[Insert the title of the Principal Accounting Officer or Project Director or Project
Manager and address of the Procuring Agency]

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SECTION II: INSTRUCTION TO BIDDERS (ITBs)

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 A. INTRODUCTION

1. Scope of Bid 1.1 The Procuring Agency (PA), as indicated in the Bid Data
Sheet (BDS) invites Bids for the supply of Therapeutic
Goods (Pharmaceuticals) and related services incidental
thereto as specified in the BDS described in Section V -
Technical Specifications & Schedule of Requirements.
The Name, Identification and Number of Lots
(contracts) of the procurement are specified in BDS.
1.2 The successful Bidders will be expected to supply the
Therapeutic Goods (Pharmaceuticals) within the
specified period and timeline(s) as stated in the BDS.
2. Source of 2.1 Source of funds is referred in Clause-2 of Invitation for
Funds Bids.
3. Eligible 3.1 A Bidder may be natural person, company or firm or
Bidders public or semi-public agency of Pakistan or any foreign
country, or any combination of them with a formal
existing agreement (on Judicial Papers) in the form of a
joint venture, consortium, or association. In the case of a
joint venture, consortium, or association, all members
shall be jointly and severally liable for the execution of
the Contract in accordance with the terms and
conditions of the Contract. The joint venture,
consortium, or association shall nominate a Lead
Member as nominated in the BDS, who shall have the
authority to conduct all business for and on behalf of
any and all the members of the joint venture,
consortium, or association during the Bidding process,
and in case of award of contract, during the execution of
contract.
(The limit on the number of members of JV or
Consortium or Association may be prescribed in BDS, in
accordance with the guidelines issued by the PPRA).
3.2 The appointment of Lead Member in the joint venture,
consortium, or association shall be confirmed by
submission of a valid Power of Attorney to the
Procuring Agency.
3.3 Verifiable copy of the agreement that forms a joint
venture, consortium or association shall be required to

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 be submitted as part of the Bid.
3.4 Any bid submitted by the joint venture, consortium or
association shall indicate the part of proposed contract
to be performed by each party and each party shall be
evaluated (or post qualified if required) with respect to
its contribution only, and the responsibilities of each
party shall not be substantially altered without prior
written approval of the Procuring Agency and in line
with any instructions issued by the Authority.
3.5 The invitation for Bids is open to all prospective
supplier, manufacturers or authorized agents/dealers
subject to any provisions of incorporation or licensing by
the respective national incorporating agency or statutory
body established for that particular trade or business.
3.6 . Foreign Bidders must satisfy all relevant licensing/or
registration requirement with the appropriate national
incorporating body or the statutory body, before
participating in the national/international competitive
Bidding with the exception of such procurements made
by the foreign missions of Pakistan. For such purpose
the bidder must have to initiate the registration process
before the bid submission and the necessary evidence
shall be submitted to the procuring agency along with
their bid, however, the final award will be subject to the
complete registration process.
3.7 A Bidder shall not have a conflict of interest. All
Bidders found to have a conflict of interest shall be
disqualified. A Bidders may be considered to have a
conflict of interest with one or more parties in this
Bidding process, if they:
a) are associated or have been associated in the past,
directly or indirectly with a firm or any of its
affiliates which have been engaged by the
Procuring Agency to provide consulting services
for the preparation of the design, specifications
and other documents to be used for the
procurement of the pharmaceuticals to be
procured under this Invitation for Bids.
b) have controlling shareholders in common; or
c) receive or have received any direct or indirect
subsidy from any of them; or

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 d) have the same legal representative for purposes of
this Bid; or
e) have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or
influence on the Bid of another Bidder, or
influence the decisions of the Procuring Agency
regarding this Bidding process; or
f) Submit more than one Bid in this Bidding process.
g) Participated as a consultant in the preparation of
the design or technical specifications of the
services that are the subject of the Bid.
3.8 A Bidder may be ineligible if –

(a) he is declared bankrupt or, in the case of company

or firm, insolvent;
(b) payments in favor of the Bidder is suspended in
accordance with the judgment of a court of law
other than a judgment declaring bankruptcy and
resulting (in accordance with the national laws) in
the total or partial loss of the right to administer and
dispose of its property;
(c) legal proceedings are instituted against such Bidder
involving an order suspending payments and
which may result, in accordance with the national
laws, in a declaration of bankruptcy or in any other
situation entailing the total or partial loss of the
right to administer and dispose of the property;
(d) the Bidder is convicted, by a final judgment, of any
offence involving professional conduct;
(e) the Bidder is blacklisted and hence debarred due to
involvement in corrupt and fraudulent practices, or
performance failure or due to breach of bid securing
declaration.
(f) The firm, supplier and contractor is blacklisted or
debarred by a foreign country, international
organization, or other foreign institutions for the
period defined by them.
3.9 Bidders shall provide to the Procuring Agency evidence
of their eligibility, proof of compliance with the
necessary legal, technical and financial requirements

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 and there capability and, adequacy of resources to carry
out the contract effectively.
3.10 Bidders shall provide such evidence of their continued
eligibility to the satisfaction of the Procuring Agency, as
the Procuring Agency shall reasonably request.
3.11 Bidders shall submit proposals relating to the nature,
conditions and modalities of sub-contracting wherever
the sub-contracting of any elements of the contract
amounting to the more than ten (10) percent of the Bid
price is envisaged.
3.12 Firms/companies/suppliers/dealers duly registered
with relevant tax and other registration authorities
required under Federal Government’s rules, laws,
statutes or relevant instructions;
3.13 The Importer/Agent/distributor/supplier must
possess valid authorization from the Manufacturer. The
authorization certificate must be attested. However, in
case of Manufacturer, they should have a documentary
proof as prescribed in the Bid Form
4. Eligible 4.1 All therapeutic goods (Pharmaceuticals) and related
Therapeutic services to be supplied under the contract shall have
Goods their origin in eligible source countries, and all
(Pharmaceutica
expenditures made under the contract will be limited to
ls) and Related
Services such Therapeutic goods and services. For purpose of this
Bid, ineligible countries are stated in the section-4 titled
as “Eligible Countries”.
4.2 For purposes of this Clause, “origin” means the place
where the goods are mined, grown, cultivated,
produced, manufactured, or processed, or through
manufacture, procession, or assembly, another
commercially recognized article results that differs
substantially in its basic characteristics from its imported
components or the place from where the related services
are/to be supplied.
4.3 The nationality of the supplier that supplies, assembles,
distributes, or sells the Therapeutic Goods and services
shall not determine the origin of the goods.
4.4 To establish the eligibility of the therapeutic Goods and
the related services, Bidders shall fill the country of
origin declarations included in the Form of Bid.
4.5 If so required in the BDS, the Bidder shall demonstrate
that it has been duly authorized by the manufacturer of

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 the goods to deliver in Pakistan (or in respective country
in case of procurement by the Pakistani Missions
abroad), the therapeutic goods indicated in its Bid.
4.6 All Therapeutic Goods and related services to be
supplied under the contract shall conform to the policies
of the Government of Pakistan in vogue. All
expenditures made under the contract shall be limited to
such Therapeutic Goods and services. For purposes of
this clause, (a) the term.

4.7 For the purposes of this Clause, the term “Therapeutic

Goods” includes Drug or alternative medicine or
medical devices or biological or other related product as
may be notified by Drug Regulatory Authority of
Pakistan. , and “related services” includes services such
as insurance, Transportation port releases, installation,
training and initial maintenance and after sales services.
5. One Bid per 5.1 A bidder shall submit only one Bid, in the same bidding
Bidder process, either individually as a Bidder or as a member
in a joint venture or any similar arrangement.
5.2 No bidder can be a sub-contractor while submitting a
Bid individually or as a member of a joint venture in the
same Bidding process.
5.3 A person or a firm cannot be a sub-contractor with more
than one bidder in the same bidding process.
6. Cost of 6.1 The Bidder shall bear all costs associated with the
Bidding preparation and submission of its Bid, and the Procuring
Agency shall in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the
bidding process.

7. Bidding for 7.1 A Bidder, if he so chooses, can bid for selective items
Selective Items from the list of Therapeutic Goods provided for in the
Schedule of Requirements. A Bidder is also at a liberty to
bid for all the Therapeutic Goods mentioned in the
Schedule of Requirements provided he fulfills the
requirements.
However, a Bidder cannot bid for partial quantities of an
item in the Schedule of requirement. The bid must be for
the whole quantity of an item as required in the
schedule of requirement.

B. BIDDING DOCUMENTS

8. Contents of 8.1 The therapeutic goods required, bidding procedures,

Bidding and terms and conditions of the contract are prescribed
Documents

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 in the Bidding Documents. In addition to the Invitation
to Bids, the Bidding Documents which should be read in
conjunction with any addenda issued in accordance
with ITB 10.2 include:
Section I -Invitation to Bids
Section II Instructions to Bidders (ITBs)
Section III Bid Data Sheet (BDS)
Section IV Eligible Countries
Section V Technical Specifications, Schedule of
Requirements
Section VI Evaluation and Qualification Criteria
Section VII Standard Forms
Section VIII General Conditions of Contract (GCC)
Section IX Special Conditions of Contract (SCC)
Section X Contract Forms
8.2 The number of copies to be completed and returned
with the Bid is specified in the BDS.
8.3 The Procuring Agency is not responsible for the
completeness of the Bidding Documents and their
addenda, if they were not obtained directly from the
Procuring Agency or the signed pdf version
downloaded from the website of the Procuring Agency.
However, Procuring Agency shall place both the pdf
and same editable version to facilitate the bidder for
filling the forms.
8.4. The Bidder is expected to examine all instructions,
forms, terms and specifications in the Bidding
Documents. Failure to furnish all the information
required in the Bidding Documents will be at the
Bidder’s risk and may result in the rejection of his Bid.
9. Clarification of 9.1 A prospective Bidder requiring any clarification of the
Bidding Bidding Documents may notify the Procuring Agency in
Documents writing or in electronic form that provides record of the
content of communication at the Procuring Agency's
address indicated in the BDS.
9.2 The Procuring Agency will within three (3) working
days after receiving the request for clarification, respond
in writing or in electronic form to any request for
clarification provided that such request is received not
later than three (03) days prior to the deadline for the
submission of Bids as prescribed in ITB 23.1. However,

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 this clause shall not apply in case of alternate methods of
Procurement.
9.3 Copies of the Procuring Agency's response will be
forwarded to all identified Prospective Bidders through
an identified source of communication, including a
description of the inquiry, but without identifying its
source.
In case of downloading of the Bidding Documents from
the website of PA, the response of all such queries will
also be available on the same link available at the
website.
9.4 Should the Procuring Agency deem it necessary to
amend the Bidding Documents as a result of a
clarification, it shall do so following the procedure
under ITB 10.
9.5 If indicated in the BDS, the Bidder’s designated
representative is invited at the Bidder’s cost to attend a
pre-Bid meeting at the place, date and time mentioned
in the BDS. During this pre-Bid meeting, prospective
Bidders may request clarification of the schedule of
requirement, the Evaluation Criteria or any other aspects
of the Bidding Documents.
9.6 Minutes of the pre-Bid meeting, if applicable, including
the text of the questions asked by Bidders, including
those during the meeting (without identifying the
source) and the responses given, together with any
responses prepared after the meeting will be transmitted
promptly to all prospective Bidders who have obtained
the Bidding Documents. Any modification to the
Bidding Documents that may become necessary as a
result of the pre-Bid meeting shall be made by the
Procuring Agency exclusively through the use of an
Addendum pursuant to ITB 10. Non-attendance at the
pre-Bid meeting will not be a cause for disqualification
of a Bidder.
10.Amendment of 10.1 Before the deadline for submission of Bids, the
Bidding Procuring Agency for any reason, whether at its own
Documents initiative or in response to a clarification requested by a
prospective Bidder or pre-Bid meeting may modify the
Bidding Documents by issuing addenda.
10.2 Any addendum issued including the notice of any

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 extension of the deadline shall be part of the Bidding
Documents pursuant to ITB 8.1 and shall be
communicated in writing or in any identified electronic
form that provide record of the content of
communication to all the bidders who have obtained the
Bidding Documents from the Procuring Agency. The
Procuring Agency shall promptly publish the
Addendum at the Procuring Agency’s web page
identified in the BDS:
Provided that the bidder who had either already
submitted their bid or handed over the bid to the courier
prior to the issuance of any such addendum shall have
the right to withdraw his already filed bid and submit
the revised bid prior to the original or extended bid
submission deadline.

10.3 To give prospective Bidders reasonable time in which to

take an addendum/corrigendum into account in
preparing their Bids, the Procuring Agency may, at its
discretion, extend the deadline for the submission of
Bids:

Provided that the Procuring Agency shall extend the

deadline for submission of Bid, if such an addendum is
issued within last three (03) days of the Bid submission
deadline.
C. PREPARATION OF BIDS
11.Language of Bid 11.1 The Bid prepared by the Bidder, as well as all
correspondence and documents relating to the Bid
exchanged by the Bidder and the Procuring Agency shall
either be in Urdu or English or both. Except where a
procuring agency is situated outside the territories of
Pakistan and procurements are to be made locally, the
procuring agency may use the local language in addition
to Urdu or English
11.2 Where the use of local language is found essential, the
original documentation shall be in Urdu or English,
which shall be retained on record; for all other purposes
their translations in local language shall be used:
Provided that such use of local language ensures
maximum economy and efficiency in the procurement.
11.3 In case of Dispute reference shall be made to the original

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 documentation retained on the record
12.Documents and 12.1 The Bid prepared by the Bidder shall constitute the
Sample(s) following components: -
Constituting the
Bid
a) Form of Bid and Bid Prices completed in accordance
with ITB 15 and 16;

b) Details of the Sample(s) where applicable and

requested in the BDS.

c) Documentary evidence established in accordance

with ITB 14 that the Bidder is eligible and/or
qualified for the subject bidding process;

d) Documentary evidence established in accordance

with ITB 14.3(a) that the Bidder has been authorized
by the manufacturer to deliver the therapeutic goods
into Pakistan, where required and where the supplier
is not the manufacturer of those therapeutic goods;

e) Documentary evidence established in accordance

with ITB 13 that the goods and related services to be
supplied by the Bidder are eligible therapeutic goods
and services, and conform to the Bidding
Documents;
f) Documentary evidence of manufacturing license and
GMP certificates;
g) Quality Control Procedures;
h) Capacity of the Manufacturer;
i) Bid security or Bid Securing Declaration furnished in
accordance with ITB 19;
j) Duly Notarized Power of Attorney authorizing the
signatory of the Bidder to submit the bid; and
k) Any other document required in the BDS.
12.2 Where a sample(s) is required by a procuring agency, the
sample shall be:

(a) submitted as part of the bid, in the quantities,

dimensions and other details requested in the BDS;

(b) carriage paid;

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 (c) received on, or before, the closing time and date for
the submission of bids; and

(d) evaluated to determine compliance with all

characteristics listed in the BDS.

12.3 The Procuring Agency shall retain the sample(s) of the

successful Bidder. A Procuring Agency shall reject the
Bid if the sample(s)-

(a) do(es) not conform to all characteristics prescribed

in the bidding documents; and

(b) is/are not submitted within the specified time

clearly mentioned in the Bid Data Sheet.

12.4 Where it is not possible to avoid using a propriety article

as a sample, a Bidder shall make it clear that the propriety
article is displayed only as an example of the type or
quality of the therapeutic goods being Bided for, and that
competition shall not thereby be limited to the extent of
that article only.
12.5 Samples made up from materials supplied by a Procuring
Agency shall not be returned to a Bidder nor shall a
Procuring Agency be liable for the cost of making them.
12.6 All samples produced from materials belonging to an
unsuccessful Bidder shall be kept by the Procuring
Agency till thirty (30) days from the date of award of
contract or exhaust of all the grievance forums (including
those pending at Authority’s Level or in some Court of
Law). The sample shall be the property of the procuring
agency and shall dispose of such sample in such manner
as described by the Drug Regulatory Authority of
Pakistan.
13.Documents 13.1 Pursuant to ITB 13, the Bidder shall furnish, as part of its
Establishing Bid, all those documents establishing the eligibility in
Eligibility of conformity to the terms and conditions specified in the
Goods and
Bidding Documents for all therapeutic goods and related
Related Services
services which the Bidder proposes to deliver.

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and Conformity 13.2 The documentary evidence of the eligibility of the
to Bidding therapeutic goods and related services shall consist of a
Documents statement in the Price Schedule of the country of origin of
the goods and related services offered which shall be
confirmed by a certificate of origin issued at the time of
shipment.
13.3 The documentary evidence of conformity of the
therapeutic goods and related services to the Bidding
Documents may be in the form of literature, drawings,
and data, and shall consist of:

a) a detailed description of the essential technical

specifications and performance characteristics of the
Therapeutic Goods;

b) an item-by-item commentary on the Procuring

Agency’s Technical Specifications demonstrating
substantial responsiveness of the Therapeutic Goods
and Services to those specifications, or a statement
of deviations and exceptions to the provisions of the
Technical Specifications;

c) any other procurement specific documentation

requirement as stated in the BDS.
13.4 The Bidder shall also furnish a list giving full particulars,
including available sources and current prices of
therapeutic goods, spare parts, special tools, etc.,
necessary for the proper and continuing functioning of
the Goods during the period specified in the BDS
following commencement of the use of the therapeutic
goods by the Procuring Agency.
13.5 For purposes of the commentary to be furnished pursuant
to ITB 13.3(c) above, the Bidder shall note that standards
for workmanship, material, and equipment, as well as
references to brand names or catalogue numbers
designated by the Procuring Agency in its Technical
Specifications, are intended to be descriptive only and not
restrictive. The Bidder may substitute alternative
standards, brand names, and/or catalogue numbers in its
Bid, provided that it demonstrates to the Procuring
Agency’s satisfaction that the substitutions ensure

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 substantial equivalence to those designated in the
Technical Specifications.
13.6 The required documents and other accompanying
documents must be in English. In case any other language
than English is used the pertinent translation into English
shall be attached to the original version.
14.Documents 14.1 Pursuant to ITB 12, the Bidder shall furnish, as part of its
Establishing Bid, all those documents establishing the Bidder’s
Eligibility and eligibility to participate in the bidding process and/or its
Qualification of
qualification to perform the contract if its Bid is accepted.
the Bidder
14.2 The documentary evidence of the Bidder’s eligibility to
Bid shall establish to the satisfaction of the Procuring
Agency that the Bidder, at the time of submission of its
bid, is from an eligible country as defined in Section-4
titled as “Eligible Countries”.
14.3 The documentary evidence of the Bidder’s qualifications
to perform the contract if its Bid is accepted shall establish
to the satisfaction of Procuring Agency that:

a) in the case of a Bidder offering to deliver goods under

the contract which the Bidder did not manufacture or
otherwise produce, the Bidder has been duly
authorized by the therapeutic goods’ Manufacturer or
producer to deliver the goods in Pakistan;
b) the Bidder has the financial, technical, and
supply/production capability necessary to perform
the Contract, meets the qualification criteria specified
in BDS.
c) in the case of a Bidder not doing business within
Pakistan, the Bidder is or will be (if awarded the
contract) represented by an Agent in Pakistan
equipped, and able to carry out the Supplier’s
obligations prescribed in the Conditions of Contract
and/or Technical Specifications.
d) that the Bidder meets the qualification criteria listed in
the Bid Data Sheet.
15. Form of Bid 15.1 The Bidder shall fill the Form of Bid furnished in the
Bidding Documents. The Bid Form must be completed
without any alterations to its format and no substitute
shall be accepted.
16. Bid Prices 16.1 The Bid Prices quoted by the Bidder in the Form of Bid

24 | P a g e
 and in the Price Schedules shall conform to the
requirements specified below in ITB Clause 16 or
exclusively mentioned hereafter in the bidding
documents.
16.2 All items in the Statement of Work must be listed and
priced separately in the Price Schedule(s). If a Price
Schedule shows items listed but not priced, their prices
shall be construed to be included in the prices of other
items.
16.3 Items not listed in the Price Schedule shall be assumed
not to be included in the Bid, and provided that the Bid is
still substantially responsive in their absence or due to
their nominal nature, the corresponding average price of
the respective item(s) of the remaining substantially
responsive bidder(s) shall be construed to be the price of
those missing item(s):
Provided that:
a) where there is only one (substantially) responsive
bidder, or
b) where there is provision for alternate proposals
and the respective items are not listed in the other
bids,
the procuring agency may fix the price of missing items in
accordance with market survey, and the same shall be
considered as final price.
16.4 The Bid price to be quoted in the Form of Bid in
accordance with ITB 16.1 shall be the total price of the
Bid.
16.5 The Bidder shall indicate on the appropriate Price
Schedule, the unit prices (where applicable) and total Bid
price of the therapeutic goods it proposes to deliver under
the contract.
16.6 Prices indicated on the Price Schedule shall be entered
separately in the following manner:
a) For therapeutic goods manufactured from within
Pakistan (or within the country where procurement is
being done in case of foreign missions abroad):

i) the price of the therapeutic goods quoted EXW (ex-

works, ex-factory, ex-warehouse, ex-showroom, or
off-the-shelf, as applicable), including all customs

25 | P a g e
 duties and sales and other taxes already paid or
payable:

A. on the components and raw material used in

the manufacturing or assembly of goods
quoted ex- works or ex-factory;
or
b. on the previously imported goods of foreign
origin quoted ex-warehouse, ex-showroom, or
off-the-shelf.

ii) all applicable taxes which will be payable on the

therapeutic goods if the contract is awarded.

iii) the price for inland transportation, insurance, and

other local costs incidental to delivery of the
therapeutic goods to their final destination, if
specified in the BDS.

iv) the price of other (incidental or allied) services, if

any, listed in the BDS.

b) For therapeutic goods offered from abroad:

i) the price of the therapeutic goods shall be quoted

CIF named port of destination, or CIP border point,
or CIP named place of destination, in the Procuring
Agency’s country, as specified in the BDS. In
quoting the price, the Bidder shall be free to use
transportation through carriers registered in any
eligible countries. Similarly, the Bidder may obtain
insurance services from any eligible source country.
or

ii) the price of the therapeutic goods quoted FOB port

of shipment (or FCA, as the case may be), if
specified in the BDS. or

iii) the price of goods quoted CFR port of destination

(or CPT as the case may be), if specified in the BDS.

26 | P a g e
 iv) the price for inland transportation, insurance, and
other local costs incidental to delivery of the
therapeutic goods from the port of entry to their
final destination, if specified in the BDS.

v) the price of (incidental) services, if any, listed in the

BDS.
16.7 Prices proposed on the Price Schedule for therapeutic
goods and related services shall be disaggregated, where
appropriate as indicated in this Clause. This
desegregation shall be solely for the purpose of
facilitating the comparison of Bids by the Procuring
Agency. This, shall not in any way limit the Procuring
Agency’s right to contract on any of the terms and
conditions offered: -

a) For Therapeutic Goods: -

i) th
e price of the therapeutic Goods, quoted as per
applicable INCOTERMS as specified in the BDS

ii) al
l customs duties, sales tax, and other taxes
applicable on therapeutic goods or on the
components and raw materials used in their
manufacture or assembly, if the contract is
awarded to the Bidder, and

b) For Related Services

i) The
price
of
the
relat
ed
servi
ces,
and
ii) All

27 | P a g e
 customs duties, sales tax and other taxes
applicable in Pakistan, paid or payable, on the
related services, if the contract is awarded to the
Bidder.
16.8 Prices quoted by the Bidder shall be fixed during the
Bidder’s performance of the contract and not subject to
variation on any account. A Bid submitted with an
adjustable price will be treated as non-responsive and
shall be rejected, pursuant to ITB 28.
16.9 If so indicated in the Invitation to Bids and Instructions to
Bidders, that Bids are being invited for individual
contracts (Lots) or for any combination of contracts
(packages), Bidders wishing to offer any price reduction
for the award of more than one contract shall specify in
their Bid the price reductions applicable to each package,
or alternatively, to individual contracts (Lots) within a
package.
17. Bid Currencies 17.1 Prices shall be quoted in the following currencies:

a) For therapeutic goods and services that the Bidder

will deliver from within Pakistan, the prices shall be
quoted in Pakistani Rupees, unless otherwise
specified in the BDS.

b) For therapeutic goods and related services that the

Bidder will deliver from outside Pakistan, or for
imported parts or components of goods and related
services originating outside Pakistan, the Bid prices
shall be quoted in any freely convertible currency of
another country. If the Bidder wishes to be paid in a
combination of amounts in different currencies, it
may quote its price accordingly but use no more
than three foreign currencies.
17.2 For the purposes of comparison of bids quoted in
different currencies, the price shall be converted into a
single currency specified in the bidding documents. The
rate of exchange shall be the selling rate, prevailing on the
date of opening of (financial part of) bids specified in the
bidding documents, as notified by the State Bank of
Pakistan on that day. Currency of the contract shall be as
described in the BDS.

28 | P a g e
 17.3 Bidders shall indicate details of their expected foreign
currency requirements in the Bid.
17.4 Bidders may be required by the Procuring Agency to
clarify their foreign currency requirements and to
substantiate that the amounts included in Lump Sum and
in the SCC are reasonable and responsive to ITB 17.1.
18.Bid Validity 18.1 Bids shall remain valid for the period specified in the BDS
Period after the Bid submission deadline prescribed by the
Procuring Agency. A Bid valid for a shorter period shall
be rejected by the Procuring Agency as non-responsive.
The period of Bid validity will be determined from the
complementary bid securing instrument i.e. the expiry
period of bid security or bid securing declaration as the
case may be.
18.2 Under exceptional circumstances, prior to the expiration
of the initial Bid validity period, the Procuring Agency
may request the Bidders’ consent to an extension of the
period of validity of their Bids only once, for the period
not more than the period of initial bid validity. The
request and the Bidders responses shall be made in
writing or in electronic forms that provide record of the
content of communication. The Bid Security provided
under ITB 19 shall also be suitably extended. A Bidder
may refuse the request without forfeiting its Bid security
or causing to be executed its Bid Securing Declaration. A
Bidder agreeing to the request will not be required nor
permitted to modify its Bid, but will be required to extend
the validity of its Bid Security or Bid Securing Declaration
for the period of the extension, and in compliance with
ITB 19 in all respects.
18.3 If the award is delayed by a period exceeding sixty (60)
days beyond the expiry of the initial Bid validity period,
the contract price may be adjusted by a factor specified in
the request for extension. However, the Bid evaluation
shall be based on the already quoted Bid Price without
taking into consideration on the above correction.
19.Bid Security or 19.1 Pursuant to ITB 12, unless otherwise specified in the BDS,
Bid Securing the Bidder shall furnish as part of its Bid, a Bid Security in
Declaration form of fixed amount not exceeding five percent of the
estimated value of procurement determined by the
procuring agency and in the amount and currency

29 | P a g e
 specified in the BDS or Bid Securing Declaration as
specified in the BDS in the format provided in Section VI
(Standard Forms).
19.2 The Bid Security or Bid Securing Declaration is required
to protect the Procuring Agency against the risk of
Bidder’s conduct which would warrant the security’s
forfeiture, pursuant to ITB 19.9.
19.3 The Bid Security shall be denominated in the local
currency or in another freely convertible currency, and it
shall be in the form specified in the BDS which shall be in
any of the following:

a) a bank guarantee, an irrevocable letter of credit

issued by a Scheduled bank in the form provided in
the Bidding Documents or another form acceptable
to the Procuring Agency and valid for twenty-eight
(28) days beyond the end of the validity of the Bid.
This shall also apply if the period for Bid Validity is
extended. In either case, the form must include the
complete name of the Bidder;

b) a cashier’s or certified cheque; or

c) another security if indicated in the BDS

19.4 The Bid Security or Bid Securing Declaration shall be in
accordance with the Form of the Bid Security or Bid
Securing Declaration included in Section VI (Standard
Forms) or another form approved by the Procuring
Agency prior to the Bid submission.
19.5 The Bid Security shall be payable promptly upon written
demand by the Procuring Agency in case any of the
conditions listed in ITB 19.9 are invoked.
19.6 Any Bid not accompanied by a Bid Security or Bid
Securing Declaration in accordance with ITB 19.1 or 19.3
shall be rejected by the Procuring Agency as non-
responsive, pursuant to ITB 29.
19.7 Unsuccessful Bidders’ Bid Security will be discharged or
returned as promptly as possible, however in no case later
than thirty (30) days after the expiration of the period of
Bid Validity prescribed by the Procuring Agency
pursuant to ITB-18. The Procuring Agency shall make no

30 | P a g e
 claim to the amount of the Bid Security, and shall
promptly return the Bid Security document, after
whichever of the following that occurs earliest:

(a) the expiry of the Bid Security;

(b) the entry into force of a procurement contract and

the provision of a performance security (or
guarantee), for the performance of the contract if
such a security (or guarantee), is required by the
Biding documents;

(c) the rejection by the Procuring Agency of all Bids;

(d) the withdrawal of the Bid prior to the deadline for

the submission of Bids, unless the Biding
documents stipulate that no such withdrawal is
permitted.
19.8 The successful Bidder’s Bid Security will be discharged
upon the Bidder signing the contract pursuant to ITB 42,
or furnishing the performance security (or guarantee),
pursuant to ITB 43.
19.9 The Bid Security may be forfeited or the Bid Securing
Declaration executed:

a) if a Bidder:

i) withdraws its Bid during the period of Bid Validity

as specified by the Procuring Agency, and referred
by the bidder on the Form of Bid except as
provided for in ITB 18.2; or

ii) does not accept the correction of errors pursuant to

ITB 31.3; or

b) in the case of a successful Bidder, if the Bidder fails:

i) to sign the contract in accordance with ITB 42; or

ii) to furnish performance security (or guarantee) in

accordance with ITB 43.

31 | P a g e
20.Alternative Bids 20.1 Bidders shall submit offers that comply with the
by Bidders requirements of the Bidding Documents, including the
basic Bidder’s technical design as indicated in the
specifications and Schedule of Requirements.
Alternatives will not be considered, unless specifically
allowed for in the BDS. If so allowed, ITB 20.2 shall
prevail.
20.2 When alternative schedule for delivery of goods is
explicitly invited, a statement of that effect will be
included in the BDS as will the method for evaluating
different schedule for delivery of goods.
20.3 If so allowed in the BDS, Bidders wishing to offer
technical alternatives to the requirements of the Bidding
Documents must also submit a Bid that complies with
the requirements of the Bidding Documents, including
the basic technical design as indicated in the
specifications. In addition to submitting the basic Bid, the
Bidder shall provide all information necessary for a
complete evaluation of the alternative by the Procuring
Agency, including technical specifications, breakdown of
prices, and other relevant details. Only the technical
alternatives, if any, of the Most Advantageous Bidder
conforming to the basic technical requirements (without
altering the bid price) shall be considered by the
Procuring Agency.
21.Bid Security 21.1 Bid security submitted shall be valid for a period
Validity specified in the BDS
22.Format and 22.1 The Bidder shall prepare an original and the number of
Signing of Bid copies of the Bid as indicated in the BDS, clearly marking
each “ORIGINAL” and “COPY,” as appropriate. In the
event of any discrepancy between them, the original shall
prevail:
Provided that except in Single Stage One Envelope
Procedure, the Bid shall include only the copies of
technical proposal.
22.2 The original and the copy or copies of the Bid shall be
typed or written in indelible ink and shall be signed by
the Bidder or a person or persons duly authorized to sign
on behalf of the Bidder. This authorization shall consist
of a written confirmation as specified in the BDS and
shall be attached to the Bid. The name and position held

32 | P a g e
 by each person signing the authorization must be typed
or printed below the signature. All pages of the Bid,
except for un-amended printed literature, shall be
initialed by the person or persons signing the Bid.
22.3 Any interlineations, erasures, or overwriting shall be
valid only if they are signed by the person or persons
signing the Bidder.

D. SUBMISSION OF BIDS
23.Sealing and 23.1 In case of Single Stage One Envelope Procedure, the
Marking of Bidder shall seal the original and each copy of the Bid in
Bids separate envelopes, duly marking the envelopes as
“ORIGINAL” and “COPY.” The envelopes shall then be
sealed in an outer envelope securely sealed in such a
manner that opening and resealing cannot be achieved
undetected.
Note: The envelopes shall be sealed and marked in
accordance with the bidding procedure adopted.
23.2 The inner and outer envelopes shall:

a) be addressed to the Procuring Agency at the address

given in the BDS; and

b) bear the title of the subject procurement or Project

name, as the case may be as indicated in the BDS, the
Invitation to Bids (ITB) title and number indicated in
the BDS, and a statement: “DO NOT OPEN
BEFORE,” to be completed with the time and the date
specified in the BDS, pursuant to ITB 24.1.
23.3 In case of Single Stage Two Envelope Procedure, The Bid
shall comprise two envelopes submitted simultaneously,
one called the Technical Proposal and the other Financial
Proposal. Both envelopes to be enclosed together in an
outer single envelope called the Bid. Each Bidder shall
submit his bid as under:
a) Bidder shall submit his TECHNICAL PROPOSAL
and FINANCIAL PROPOSAL in separate inner
envelopes and enclosed in a single outer envelope.
b) ORIGINAL and each copy of the Bid shall be
separately sealed and put in separate envelopes
and marked as such.

33 | P a g e
 c) (c) The envelopes containing the ORIGINAL and
copies will be put in one sealed envelope and
addressed / identified as given in Sub- Clause 22.2.
23.4 The inner and outer envelopes shall:
a) be addressed to the Procuring Agency at the
address provided in the Bidding Data;
b) bear the name and identification number of the
contract as defined in the Bidding Data; and
provide a warning not to open before the time and
date for bid opening, as specified in the Bidding
Data pursuant to ITB 24.1.
c) In addition to the identification required in Sub-
Clause 22.2 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.25
23.5 If all envelopes are not sealed and marked as required by
ITB 23.2, ITB 23.3 and ITB 23.4 or incorrectly marked, the
Procuring Agency will assume no responsibility for the
misplacement or premature opening of Bid.
24.Deadline for 24.1 Bids shall be received by the Procuring Agency no later
Submission of than the date and time specified in the BDS.
Bids
24.2 The Procuring Agency may, in exceptional circumstances
and at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Documents
in accordance with ITB 10, in which case all rights and
obligations of the Procuring Agency and Bidders
previously subject to the deadline will thereafter be
subject to the new deadline.
25.Late Bids 25.1 The Procuring Agency shall not consider for evaluation
any Bid that arrives after the deadline for submission of
Bids, in accordance with ITB 24.
25.2 Any Bid received by the Procuring Agency after the
deadline for submission of Bids shall be declared late,
recorded, rejected and returned unopened to the Bidder.
26.Modification, 26.1 A Bidder may modify or substitute or withdraw its Bid
Substitution after it has been submitted, provided that written notice
and of the modification, substitution or withdrawal of the Bid,
Withdrawal of
is received by the Procuring Agency prior to the deadline
Bids
for submission of Bids.

34 | P a g e
 26.2 The Bidder modification, substitution or withdrawal
notice shall be prepared, sealed, marked, and dispatched
with the outer and inner envelopes additionally marked
“MODIFICATION” “SUBSTITUTION” or
“WITHDRAWAL” as appropriate. The notice may also be
sent postmarked no later than the deadline for
submission of Bids.
26.3 Bids may only be modified by withdrawal of the original
Bids and submission of a replacement Bids. Modifications
submitted in any other way shall not be taken into
account in the evaluation of bids.
26.4 No Bids may be withdrawn, replaced or modified in the
interval between the deadline for submission of Bids and
the expiration of the period of Bid validity specified by
the Bidder on the Form of Bid. Withdrawal of a Bid
during this interval shall result in the Bidder forfeiture of
its Bid security or execution of the Bid Securing
Declaration

E. OPENING AND EVALUATION OF BIDS

27.Opening of 27.1 The Procuring Agency will open all Bids, in public, in the
Bids presence of Bidders’ or their representatives who choose
to attend, and other parties with a legitimate interest in
the Bid proceedings at the place, on the date and at the
time, specified in the BDS. The Bidders’ representatives
present shall sign a register as proof of their attendance.
27.2 First, envelopes marked “WITHDRAWAL” shall be
opened and read out and the envelope with the
corresponding bid shall not be opened, but returned to
the Bidder. No bid withdrawal shall be permitted unless
the corresponding Withdrawal Notice contains a valid
authorization to request the withdrawal and is read out
at bid opening.
27.3 Second, outer envelopes marked “SUBSTITUTION” shall
be opened. The inner envelopes containing the
Substitution Bid shall be exchanged for the
corresponding Original Bid being substituted, which is
to be returned to the Bidder unopened. No envelope
shall be substituted unless the corresponding

35 | P a g e
 Substitution Notice contains a valid authorization to
request the substitution and is read out and recorded at
bid opening.
27.4 Next, outer envelopes marked “MODIFICATION” shall
be opened. No Technical Proposal and/or Financial
Proposal shall be modified unless the corresponding
Modification Notice contains a valid authorization to
request the modification and is read out and recorded at
the opening of the Bids. Any Modification shall be read
out along with the Original Bid except in case of Single
Stage Two Envelope Procedure where only the Technical
Proposal, both Original as well as Modification, are to be
opened, read out, and recorded at the opening. Financial
Proposal, both Original and Modification, will remain
unopened till the prescribed financial bid opening date.
27.5 Other envelopes holding the Bids shall be opened one at
a time, in case of Single Stage One Envelope Procedure,
the Bidders names, the Bid prices, the total amount of
each Bid and of any alternative Bid (if alternatives have
been requested or permitted), any discounts, the
presence or absence of Bid Security, Bid Securing
Declaration and such other details as the Procuring
Agency may consider appropriate, will be announced by
the Procurement Evaluation Committee.
27.6 In case of Single Stage Two Envelope Procedure, the
Procuring Agency will open the Technical Proposals in
public at the address, date and time specified in the BDS
in the presence of Bidders` designated representatives
who choose to attend and other parties with a legitimate
interest in the Bid proceedings. The Financial Proposals
will remain unopened and will be held in custody of the
Procuring Agency until the specified time of their
opening.
27.7 The envelopes holding the Technical Proposals shall be
opened one at a time, and the following read out and
recorded: (a) the name of the Bidder; (b) whether there is
a modification or substitution; (c) the presence of a Bid
Security, if required; and (d) Any other details as the
Procuring Agency may consider appropriate.
27.8 Bids not opened and not read out at the Bid opening
shall not be considered further for evaluation,

36 | P a g e
 irrespective of the circumstances. In particular, any
discount offered by a Bidder which is not read out at Bid
opening shall not be considered further.
27.9 Bidders are advised to send in a representative with the
knowledge of the content of the Bid who shall verify the
information read out from the submitted documents.
Failure to send a representative or to point out any un-
read information by the sent Bidder’s representative
shall indemnify the Procuring Agency against any claim
or failure to read out the correct information contained in
the Bidder’s Bid.
27.10 No Bid will be rejected at the time of Bid opening except
for late Bids which will be returned unopened to the
Bidder, pursuant to ITB 25.
27.11 The Procuring Agency shall prepare minutes of the Bid
opening. The record of the Bid opening shall include, as
a minimum: the name of the Bidder and whether or not
there is a withdrawal, substitution or modification, the
Bid price if applicable, including any discounts and
alternative offers and the presence or absence of a Bid
Security or Bid Securing Declaration.
27.12 The Bidders’ representatives who are present shall be
requested to sign on the attendance sheet. The omission
of a Bidder’s signature on the record shall not invalidate
the contents and affect the record. A copy of the record
shall be distributed to all the Bidders.
27.13 A copy of the minutes of the Bid opening shall be
furnished to individual Bidders upon request.
27.14 In case of Single Stage Two Envelop Bidding Procedure,
after the evaluation and approval of technical proposal
the procuring agency, shall at a time within the bid
validity period, publically open the financial proposals
of the technically accepted bids only. The financial
proposal of bids found technically non-responsive shall
be returned un-opened to the respective bidders subject
to redress of the grievances from all tiers of grievances.
28.Confidentiality 28.1 Information relating to the examination, clarification,
evaluation and comparison of Bids and recommendation
of contract award shall not be disclosed to Bidders or any
other persons not officially concerned with such process
until the time of the announcement of the respective

37 | P a g e
 evaluation report.
28.2 Any effort by a Bidder to influence the Procuring Agency
processing of Bids or award decisions may result in the
rejection of its Bid.
28.3 Notwithstanding ITB 28.2 from the time of Bid opening
to the time of contract award, if any Bidder wishes to
contact the Procuring Agency on any matter related to
the Bidding process, it should do so in writing or in
electronic forms that provides record of the content of
communication.
29.Clarification of 29.1 To assist in the examination, evaluation and comparison
Bids of Bids of the Bidders, the Procuring Agency may, ask
any Bidder for a clarification of its Bid including
breakdown of prices. Any clarification submitted by a
Bidder that is not in response to a request by the
Procuring Agency shall not be considered.
29.2 The request for clarification and the response shall be in
writing or in electronic forms that provide record of the
content of communication. In case of Single Stage Two
Envelope Procedure, no change in the prices or
substance of the Bid shall be sought, offered, or
permitted, whereas in case of Single Stage One Envelope
Procedure, only the correction of arithmetic errors
discovered by the Procuring Agency in the evaluation of
Bids should be sought in accordance with ITB 31.
29.3 The alteration or modification in the bid which in any
affect the following parameters will be considered as a
change in the substance of a bid:
a) evaluation & qualification criteria;
b) required scope of work or specifications;
c) all securities requirements;
d) tax requirements;
e) terms and conditions of bidding documents.
f) change in the ranking of the bidder
29.4 From the time of Bid opening to the time of Contract
award if any Bidder wishes to contact the Procuring
Agency on any matter related to the Bid it should do so
in writing or in electronic forms that provide record of
the content of communication.
30.Preliminary 30.1 Prior to the detailed evaluation of Bids, the Procuring
Examination of Agency will determine whether each Bid:

38 | P a g e
Bids
a) meets the eligibility criteria defined in ITB 3 and
ITB 4;
b) has been prepared as per the format and
contents defined by the Procuring Agency in
the Bidding Documents;

c) has been properly signed;

d) is accompanied by the required securities; and

e) is substantially responsive to the requirements

of the Bidding Documents.

The Procuring Agency's determination of a Bid's

responsiveness will be based on the contents of the Bid
itself.
30.2 A substantially responsive Bid is one which conforms to
all the terms, conditions, and specifications of the
Bidding Documents, without material deviation or
reservation. A material deviation or reservation is one
that: -
a) affects in any substantial way the scope, quality,
or performance of the Services;
b) limits in any substantial way, inconsistent with
the Bidding Documents, the Procuring Agency's
rights or the Bidders obligations under the
Contract; or
c) if rectified, would affect unfairly the
competitive position of other Bidders
presenting substantially responsive Bids.
d) Failure to sign the bid form and price schedules
by the authorized person or persons;
e) Failure to satisfy eligibility requirements;
f) Failure to submit a bid security as specified in
the biding documents;
g) Failure to satisfy the bid validity period;
h) Inability to meet the critical delivery schedule
or work schedule clearly specified in the biding
documents, where such schedule is a crucial
condition with which bidders must comply;

39 | P a g e
 i) Failure to comply with minimum experience
criteria as specified in the biding documents;
j) Conditional Bids such as conditions in a bid
which limit the bidder’s responsibility to accept
an award;
k) Stipulating price adjustment when fixed price
Bids were invited;
l) Subcontracting in a substantially different
amount or manner than that permitted;
m) Failure to submit major supporting documents
required by the biding documents to determine
substantial responsiveness of a bid
30.3 The Procuring Agency will confirm that the documents
and information specified under ITB 12, 13 and 14 have
been provided in the Bid. If any of these documents or
information is missing, or is not provided in accordance
with the Instructions to Bidders, the Bid shall be rejected.
30.4 The Procuring Agency may waive off any minor
informality, nonconformity, or irregularity in a Bid
which does not constitute a material deviation, provided
such waiver does not prejudice or affect the relative
ranking of any Bidder.
Explanation: A minor informality, non-conformity or
irregularity is one that is merely a matter of form and not
of substance. It also pertains to some immaterial defect in
a Bid or variation of a bid from the exact requirements of
the invitation that can be corrected or waived without
being prejudicial to other bidders. The defect or variation
is immaterial when the effect on quantity, quality, or
delivery is negligible when contrasted with the total cost
or scope of the supplies or services being acquired. The
Procuring Agency either shall give the bidder an
opportunity to cure any deficiency resulting from a
minor informality or irregularity in a bid or waive the
deficiency, whichever is advantageous to the Procuring
Agency. Examples of minor informalities or irregularities
include failure of a bidder to –

(a) Submit the number of copies of signed bids

required by the invitation;

(b) Furnish required information concerning the

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 number of its employees;

(c) the firm submitting a bid has formally adopted or

authorized, before the date set for opening of bids,
the execution of documents by typewritten,
printed, or stamped signature and submits
evidence of such authorization and the bid carries
such a signature.

30.5 Provided that a Technical Bid is substantially responsive,

the Procuring Agency may request the Bidder to submit
the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the Technical Bid
related to documentation requirements. Requesting
information or documentation on such nonconformities
shall not be related to any such aspect of the technical
Proposal linked with the ranking of the bidders. Failure
of the Bidder to comply with the request may result in
the rejection of its Bid.
30.6 Provided that a Technical Bid is substantially responsive,
the Procuring Agency shall rectify quantifiable
nonmaterial nonconformities or omissions related to the
Financial Proposal. To this effect, the Bid Price shall be
adjusted, for comparison purposes only, to reflect the
price of the missing or nonconforming item or
component.
30.7 If a Bid is not substantially responsive, it will be rejected
by the Procuring Agency and may not subsequently be
evaluated for complete technical responsiveness.
31.Examination of 31.1 The Procuring Agency shall examine the Bid to confirm
Terms and that all terms and conditions specified in the GCC and
Conditions; the SCC have been accepted by the Bidder without any
Technical
material deviation or reservation.
Evaluation
31.2 The Procuring Agency shall evaluate the technical
aspects of the Bid submitted in accordance with ITB 23,
to confirm that all requirements specified in Section V –
Schedule of Requirements, Technical Specifications of the
Bidding Documents have been met without material
deviation or reservation.
31.3 If after the examination of the terms and conditions and
the technical evaluation, the Procuring Agency

41 | P a g e
 determines that the Bid is not substantially responsive in
accordance with ITB 31, it shall reject the Bid.
32.Correction of 32.1 Bids determined to be substantially responsive will be
Errors checked for any arithmetic errors. Errors will be
corrected as follows: -

a) if there is a discrepancy between unit prices and

the total price that is obtained by multiplying the
unit price and quantity, the unit price shall
prevail, and the total price shall be corrected,
unless in the opinion of the Procuring Agency
there is an obvious misplacement of the decimal
point in the unit price, in which the total price as
quoted shall govern and the unit price shall be
corrected;

b) if there is an error in a total corresponding to the

addition or subtraction of sub-totals, the sub-
totals shall prevail and the total shall be
corrected; and

c) where there is a discrepancy between the

amounts in figures and in words, the amount in
words will govern.

d) Where there is discrepancy between grand total

of price schedule and amount mentioned on the
Form of Bid, the amount referred in Price
Schedule shall be treated as correct subject to
elimination of other errors.
32.2 The amount stated in the Bid will, be adjusted by the
Procuring Agency 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 amount, its Bid will then be rejected, and the
Bid Security may be forfeited or the Bid Securing
Declaration may be executed in accordance with ITB
19.9.
33.Conversion to 33.1 To facilitate evaluation and comparison, the Procuring
Single Agency will convert all Bid prices expressed in the
Currency amounts in various currencies in which the Bid prices

42 | P a g e
 are payable. For the purposes of comparison of bids
quoted in different currencies, the price shall be
converted into a single currency specified in the bidding
documents. The rate of exchange shall be the selling
rate, prevailing on the date of opening of (financial part
of ) bids specified in the bidding documents, as notified
by the State Bank of Pakistan on that day.
33.2 The currency selected for converting Bid prices to a
common base for the purpose of evaluation, along with
the source and date of the exchange rate, are specified in
the BDS.
34.Evaluation of 34.1 The Procuring Agency shall evaluate and compare only
Bids the Bids determined to be substantially responsive,
pursuant to ITB 30.
34.2 In evaluating the Technical Proposal of each Bid, the
Procuring Agency shall use the criteria and
methodologies listed in the BDS and in terms of
Statement of Requirements and Technical Specifications.
No other evaluation criteria or methodologies shall be
permitted.
34.3 The Procuring Agency’s evaluation of a Bid will take
into account:

a) in the case of therapeutic goods manufactured in

Pakistan or therapeutic goods of foreign origin
already imported in Pakistan, Income Tax, General
Sales Tax and other similar/applicable taxes, which
will be payable on the goods if a contract is awarded
to the Bidder;

b) in the case of therapeutic goods of foreign origin

offered from abroad, customs duties and other
similar import taxes which will be payable on the
goods if the contract is awarded to the Bidder; and
34.4 The comparison shall be between the EXW price of the
therapeutic goods offered from within Pakistan, such
price to include all costs, as well as duties and taxes paid
or payable on components and raw material
incorporated or to be incorporated in the therapeutic
goods, and named port of destination, border point, or
named place of destination) in accordance with

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 applicable INCOTERM in the price of the therapeutic
goods offered from outside Pakistan.
34.5 In evaluating the Bidders, the evaluation committee will,
in addition to the Bid price quoted in accordance with
ITB 16.1, take account of one or more of the following
factors as specified in the BDS, and quantified in ITB
33.5:

a) Cost of inland transportation, insurance, and other

costs within the Pakistan incidental to delivery of
the therapeutic goods to their final destination.

b) delivery schedule offered in the Bid;

c) deviations in payment schedule from that specified

in the Special Conditions of Contract;

d) the cost of components, mandatory spare parts, and

service;

e) the availability (in Pakistan) of spare parts and

after-sales services for the equipment offered in the
Bid;

f) the projected operating and maintenance costs

during the life of the equipment;

g) the performance and productivity of the equipment

offered; and/or
h) other specific criteria indicated in the TBS and/or
in the Technical Specifications.

34.6 For factors retained in BDS, pursuant to ITB 34.4 one or

more of the following quantification methods will be
applied, as detailed in the BDS:

(a) Inland transportation from EXW/port of entry/border

point, Insurance and incidentals.

Inland transportation, insurance, and other

incidental costs for delivery of the therapeutic goods
from EXW/port of entry/border point to Project Site
named in the BDS will be computed for each Bid by
the PA on the basis of published tariffs by the rail or
road transport agencies, insurance companies,

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 and/or other appropriate sources. To facilitate such
computation, Bidder shall furnish in its Bid the
estimated dimensions and shipping weight and the
approximate EXW or as per applicable INCOTERM
value of each package. The above cost will be added
by the Procuring Agency to EXW or as per
applicable INCOTERM price.

(b) Delivery schedule.

i) The Procuring Agency requires that the

therapeutic goods under the Invitation for Bids shall
be delivered (shipped) at the time specified in the
Schedule of Requirements. The estimated time of
arrival of the therapeutic goods at the Project Site will
be calculated for each Bid after allowing for
reasonable international and inland transportation
time. Treating the Bid resulting in such time of arrival
as the base, a delivery “adjustment” will be
calculated for other Bids by applying a percentage,
specified in the BDS, of the EXW or as per applicable
INCOTERM price for each week of delay beyond the
base, and this will be added to the Bid price for
evaluation. No credit shall be given to early delivery.

Or

ii) The therapeutic goods covered under this invitation

are required to be delivered (shipped) within an
acceptable range of weeks specified in the Schedule
of Requirement. No credit will be given to earlier
deliveries, and Bids offering delivery beyond this
range will be treated as non-responsive. Within this
acceptable range, an adjustment per week, as
specified in the BDS, will be added for evaluation to
the Bid price of Bids offering deliveries later than the
earliest delivery period specified in the Schedule of
Requirements.

Or

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 (iii) The therapeutic goods covered under this invitation
are required to be delivered (shipped) in partial
shipments, as specified in the Schedule of
Requirements. Bids offering deliveries earlier or later
than the specified deliveries will be adjusted in the
evaluation by adding to the Bid price a factor equal to
a percentage, specified in the BDS, of EXW or as per
applicable INCOTERM price per week of variation
from the specified delivery schedule.

(c) Deviation in payment schedule.

i) Bidders shall state their Bid price for the payment

schedule outlined in the SCC. Bids will be
evaluated on the basis of this base price. Bidders
are, however, permitted to state an alternative
payment schedule and indicate the reduction in Bid
price they wish to offer for such alternative
payment schedule. The Procuring Agency may
consider the alternative payment schedule offered
by the selected Bidder.
Or

ii) The SCC stipulates the payment schedule offered

by the Procuring Agency. If a Bid deviates from the
schedule and if such deviation is considered
acceptable to the Procuring Agency, the Bid will be
evaluated by calculating interest earned for any
earlier payments involved in the terms outlined in
the Bid as compared with those stipulated in this
invitation, at the rate per annum specified in the
BDS.

(d) Specific additional criteria.

Other specific additional criteria to be considered in

the evaluation and the evaluation method shall be
detailed in the BDS and/or the Technical
Specifications.
34.7 If these Bidding Documents allow Bidders to quote
separate prices for different Lots, and the award to a

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 single Bidder of multiple Lots, the methodology of
evaluation to determine the lowest evaluated Lot
combinations, including any discounts offered in the
Form of Bid, is specified in the BDS.
35.Domestic 35.1 If the BDS so specifies, the Procuring Agency will grant
Preference a margin of preference to certain goods in line with the
rules, regulations, regulatory guides or instructions
issued by the Authority from time to time.
36.Determination 36.1 In case where the Procuring Agency adopts the Cost
of Most Based Evaluation Technique and, the Bid with the lowest
Advantageous evaluated price from amongst those which are eligible,
Bid
compliant and substantially responsive shall be the Most
Advantageous Bid.
36.2 The Procuring Agency may adopt the Quality & Cost
Based Selection Technique due to the following reasons:
i. Where the Procuring Agency, in addition to the
mandatory requirements and mandatory technical
specifications, requires parameters specified in
Evaluation Criteria to be evaluated while determining
the quality of the therapeutic goods:

In such cases, the Procuring Agency may allocate certain

weightage to these factors as a part of Evaluation
Criteria, and may determine the ranking of the bidders
on the basis of combined evaluation in accordance with
provisions of Rule 2(1)(h) of PPR-2004.
37.Post- 37.1 Where the Bid price is considered to be abnormally low,
qualification of the Procuring Agency shall perform price analysis either
Bidder and/or during determination of Most Advantageous Bid. The
Abnormally
following process shall apply:
Low Financial
Proposal
(a) The Procuring Agency may reject a Bid if the
Procuring Agency has determined that the price in
combination with other constituent elements of the Bid
is abnormally low in relation to the subject matter of the
procurement (i.e. scope of the procurement) and raises
concerns as to the capability and capacity of the
respective Bidder to perform that contract;

(b) Before rejecting an abnormally low Bid the

Procuring Agency shall request the Bidder an

47 | P a g e
 explanation of the Bid or of those parts which it
considers contribute to the Bid being abnormally low;
take account of the evidence provided in response to a
request in writing; and subsequently verify the Bid or
parts of the Bid being abnormally low;

(c) The decision of the Procuring Agency to reject a

Bid and reasons for the decision shall be recorded in the
procurement proceedings and promptly communicated
to the Bidder concerned;

(d) The Procuring Agency shall not incur any liability

solely by rejecting abnormally Bid; and

(e) An abnormally low Bid means, in the light of the

Procuring Agency’s estimate and of all the Bids
submitted, the Bid appears to be abnormally low by not
providing a margin for normal levels of profit.

Guidance for Procuring Agency:

In order to identify the Abnormally Low Bid (ALB)
following approaches can be considered to minimize the
scope of subjectivity:

(i) Comparing the bid price with the cost estimate;

(ii) Comparing the bid price with the bids offered by
other bidders submitting substantially responsive bids;
and
(iii) Comparing the bid price with prices paid in
similar contracts in the recent past either government-
or development partner-funded.

37.2 The Procuring Agency will determine to its satisfaction

whether the Bidder that is selected as having submitted
the most advantageous Bid is qualified to perform the
contract satisfactorily, in accordance with the criteria
listed in ITB 14.3.
37.3 The determination will take into account the Bidder’s
financial, technical, and production capabilities. It will
be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the

48 | P a g e
 Bidder, pursuant to ITB 14.3, as well as such other
information as the Procuring Agency deems necessary
and appropriate. Factors not included in these Bidding
Documents shall not be used in the evaluation of the
Bidders’ qualifications.
37.4 Procuring Agency may seek “Certificate for
Independent Price Determination” from the Bidder and
the results of reference checks may be used in
determining award of contract.
Explanation: The Certificate shall be furnished by the
bidder. The bidder shall certify that the price is
determined keeping in view of all the essential aspects
such as raw material, its processing, value addition,
optimization of resources due to economy of scale,
transportation, insurance and margin of profit etc.
37.5 An affirmative determination will be a prerequisite for
award of the contract to the Bidder. A negative
determination will result in rejection of the Bidder’s Bid,
in which event the Procuring Agency will proceed to the
next ranked bidder to make a similar determination of
that Bidder’s capabilities to perform satisfactorily.

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 F. AWARD OF CONTRACT
38.Criteria of 38.1 Subject to ITB 37 and 39, the Procuring Agency will
Award award the Contract to the Bidder whose Bid has been
determined to be substantially responsive to the Bidding
Documents and who has been declared as Most
Advantageous Bidder, provided that such Bidder has
been determined to be:

a) eligible in accordance with the provisions of ITB 3;

b) is determined to be qualified to perform the

Contract satisfactorily; and

c) Successful negotiations have been concluded, if

any.
39.Negotiations 39.1 Negotiations may be undertaken with the Most
Advantageous Bid relating to the following areas:
(a) a minor alteration to the technical details of the
statement of requirements;
(b) reduction of quantities for budgetary reasons,
where the reduction is in excess of any provided for in
the Biding documents;
(c) a minor amendment to the special conditions of
Contract;
(d) finalizing payment arrangements;
(e) delivery arrangements;
(f) the methodology for provision of related services;
or
(g) clarifying details that were not apparent or could
not be finalized at the time of Bidding;
39.2 Where negotiation fails to result into an agreement, the
Procuring Agency may invite the next ranked Bidder for
negotiations. Where negotiations are commenced with
the next ranked Bidder, the Procuring Agency shall not
reopen earlier negotiations.
40.Procuring 40.1 Notwithstanding ITB 38, the Procuring Agency reserves
Agency’s Right the right to reject all the bids, and to annul the Bidding
to reject All process at any time prior to award of contract, without
Bids
thereby incurring any liability to the affected Bidder or
Bidders. However, the Authority (i.e. PPRA) may call
from the Procuring Agency the justification of those

50 | P a g e
 grounds.
40.2 Notice of the rejection of all Bids shall be given promptly
to all Bidders that have submitted Bids.
40.3 The Procuring Agency shall upon request communicate
to any Bidder the grounds for its rejection of its Bids, but
is not required to justify those grounds.
41.Procuring 41.1 The Procuring Agency reserves the right at the time of
Agency’s Right contract award to increase or decrease the quantity of
to Vary goods or related services originally specified in these
Quantities at
Bidding Documents (schedule of requirements) provided
the Time of
Award this does not exceed by the percentage indicated in the
BDS, without any change in unit price or other terms and
conditions of the Bid and Bidding Documents.
42.Notification of 42.1 Prior to the award of contract, the Procuring Agency
Award shall issue a Final Evaluation Report giving justification
for acceptance or rejection of the bids.
42.2 Where no grievance have been lodged, the Bidder whose
Bid has been accepted will be notified of the award by
the Procuring Agency prior to expiration of the Bid
Validity period in writing or electronic forms that
provide record of the content of communication. The
Letter of Acceptance will state the sum that the Procuring
Agency will pay the successful Bidder in consideration
for the execution of the scope of works as prescribed by
the Contract (hereinafter and in the Contract called the
"Contract Price).
42.3 The notification of award will constitute the formation of
the Contract, subject to the Bidder furnishing the
Performance Security (or guarantee) in accordance with
ITB 44 and signing of the contract in accordance with ITB
43.2.
42.4 Upon the successful Bidder’s furnishing of the
performance security (or guarantee) pursuant to ITB 44,
the Procuring Agency will promptly notify each
unsuccessful Bidder, the name of the successful Bidder
and the Contract amount and will discharge the Bid
Security or Bid Securing Declaration of the Bidders
pursuant to ITB 19.7.
43.Signing of 43.1 Promptly after notification of award, Procuring Agency
Contract shall send the successful Bidder the draft agreement,
incorporating all terms and conditions as agreed by the

51 | P a g e
 parties to the contract.
43.2 Immediately after the Redressal of grievance by the GRC,
and after fulfillment of all conditions precedent of the
Contract Form, the successful Bidder and the Procuring
Agency shall sign the contract.
43.3 Where no formal signing of a contract is required,
purchase order issued to the bidder shall be construed to
be the contract.
44.Performance 44.1 After the receipt of the Letter of Acceptance, the
Guarantee successful Bidder, within the specified time, shall deliver
to the Procuring Agency a Performance Guarantee in the
amount and in the form stipulated in the BDS and SCC,
denominated in the type and proportions of currencies in
the Letter of Acceptance and in accordance with the
Conditions of Contract.
44.2 If the Performance Guarantee is provided by the
successful Bidder and it shall be in the form specified in
the BDS which shall be in any of the following:

(a) certified cheque, cashier’s or manager’s cheque, or

bank draft;

(b) irrevocable letter of credit issued by a Scheduled

bank or in the case of an irrevocable letter of credit
issued by a foreign bank, the letter shall be confirmed
or authenticated by a Scheduled bank;

(c) bank guarantee confirmed by a reputable local bank

or, in the case of a successful foreign Bidder, bonded
by a foreign bank; or

(d) surety bond callable upon demand issued by any

reputable surety or insurance company.

Any Performance Security (or guarantee) submitted shall

be enforceable in Pakistan.
44.3 Failure of the successful Bidder to comply with the
requirement of ITB 44.1 shall constitute sufficient
grounds for the annulment of the award and forfeiture of
the Bid Security, in which event the Procuring Agency
may make the award to the next ranked Bidder or call for
new Bids.

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 45.Advance 45.1 The advance payment will not be provided in normal
Payment circumstances. However, in case where international
incoterms are involved, the same will be dealt with
standard international practices and in the manner as
prescribed in ITB 45.2.
45.2 The Procuring Agency will provide an Advance Payment
as stipulated in the Conditions of Contract, subject to a
maximum amount, as stated in the BDS. The Advance
Payment request shall be accompanied by an Advance
Payment Security (Guarantee) in the form provided in
Section IX. For the purpose of receiving the Advance
Payment, the Bidder shall make and estimate of, and
include in its Bid, the expenses that will be incurred in
order to commence Delivery of Goods. These expenses
will relate to the purchase of equipment, machinery,
materials, and on the engagement of labor during the first
month beginning with the date of the Procuring Agency’s
“Notice to Commence” as specified in the SCC.
46.Arbitrator 46.1 The Arbitrator shall be appointed by mutual consent of
the both parties as per the provisions specified in the
SCC.
47.Corrupt & 47.1 Procuring Agencies (including beneficiaries of
Fraudulent Government funded projects and procurement) as well
Practices as Bidders/Suppliers/Contractors under Government
financed contracts, observe the highest standard of ethics
during the procurement and execution of such contracts,
and will avoid to engage in any corrupt and fraudulent
practices.

G. GRIEVANCE REDRESSAL & COMPLAINT REVIEW MECHANISM

48.Constitution of 48.1 Procuring agency shall constitute a Grievance Redressal

Grievance Committee (GRC) comprising of odd number of person
Redressal with proper power and authorization to address the
complaint. The GRC shall not have any of the members
of Procurement Evaluation Committee. The committee
must have one subject specialist depending the nature of
the procurement.
49.GRC Procedure 49.1 Any party can file its written complaint against the
eligibility parameters or any other terms and conditions
prescribed in the prequalification or bidding documents

53 | P a g e
 found contrary to provision of Procurement Regulatory
Framework, and the same shall be addressed by the GRC
well before the bid submission deadline.
49.2 Any Bidder feeling aggrieved by any act of the procuring
agency after the submission of his bid may lodge a
written complaint concerning his grievances not later
than seven days of the announcement of technical
evaluation report and five days after issuance of final
evaluation report.
49.3. In case, the complaint is filed against the technical
evaluation report, the Procuring Agency (PA) shall halt
the procurement proceedings till final decision.

49.4 In case, the complaint is filed after the issuance of the

final evaluation report, the complainant cannot raise any
objection on technical evaluation of the report:

Provided that the complainant may raise the objection on

any part of the final evaluation report in case where
single stage one envelop bidding procedure is adopted.

49.5 The GRC, in both the cases shall investigate and decide
upon the complaint within ten days of its receipt.
49.6 Any bidder or the procuring agency not satisfied with
the decision of the GRC may file Appeal before the
Appellate Committee of the Authority on prescribed
format after depositing the Prescribed fee.
49.7 The Committee, upon receipt of the Appeal against the
decision of the GRC complete in all respect shall serve
notices in writing upon all the parties to Appeal.

49.8 The committee shall call the record from the concerned
procuring agency or the GRC as the case may be, and the
same shall be provided within prescribed time.

49.9 The committee may after examination of the relevant

record and hearing all the concerned parties, shall decide
the complaint within fifteen (15) days of receipt of the
Appeal.
49.10 The decision of the Committee shall be in writing and
shall be signed by the Head and each Member of the

54 | P a g e
Committee. The decision of the committee shall be final.

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 H. MECHANISM OF BLACKLISTING

50.Mechanism of 50.1 The Procuring Agency shall bar for not more than the
Blacklisting time prescribed in Rule-19 of the Public Procurement
Rules, 2004, from participating in their respective
procurement proceedings, bidder or contractor who
either:
i. Involved in corrupt and fraudulent practices as
defined in Rule-2 of Public Procurement Rules;
ii. Fails to perform his contractual obligations; and
iii. Fails to abide by the id securing declaration;
50.2 The show cause notice shall contain: (a) precise
allegation, against the bidder or contractor; (b) the
maximum period for which the Procuring Agency
proposes to debar the bidder or contractor from
participating in any public procurement of the Procuring
Agency; and (c) the statement, if needed, about the
intention of the Procuring Agency to make a request to
the Authority for debarring the bidder or contractor from
participating in public procurements of all the procuring
agencies.
50.3 The procuring agency shall give minimum of seven days
to the bidder or contractor for submission of written
reply of the show cause notice
50.4 In case, the bidder or contractor fails to submit written
reply within the requisite time, the Procuring Agency
may issue notice for personal hearing to the bidder or
contractor/ authorize representative of the bidder or
contractor and the procuring agency shall decide the
matter on the basis of available record and personal
hearing, if availed.
50.5 In case the bidder or contractor submits written reply of
the show cause notice, the Procuring Agency may decide
to file the matter or direct issuance of a notice to the
bidder or contractor for personal hearing.

50.6 The Procuring Agency shall give minimum of seven days

to the bidder or contractor for appearance before the
specified officer of the Procuring Agency for personal
hearing. The specified officer shall decide the matter on
the basis of the available record and personal hearing of

56 | P a g e
 the bidder or contractor, if availed
50.7 The procuring Agency shall decide the matter within
fifteen days from the date of personal hearing unless the
personal hearing is adjourned to a next date and in such
an eventuality, the period of personal hearing shall be
reckoned from the last date of personal hearing.
50.8 The Procuring Agency shall communicate to the bidder or
contractor the order of debarring the bidder or contractor
from participating in any public procurement with a
statement that the bidder or contractor may, within thirty
days, prefer a representation against the order before the
Authority.

50.9 Such blacklisting or barring action shall be

communicated by the procuring agency to the Authority
and respective bidder or bidders in the form of decision
containing the grounds for such action. The same shall
be publicized by the Authority after examining the
record whether the procedure defined in blacklisting
and debarment mechanism has been adhered to by the
procuring agency.

50.10 The bidder may file the review petition before the
Review Petition Committee Authority within thirty days
of communication of such blacklisting or barring action
after depositing the prescribed fee and in accordance
with “Procedure of filing and disposal of review petition
under Rule-19(3) Regulations, 2021”. The Committee
shall evaluate the case and decide within ninety days of
filing of review petition
50.11 The committee shall serve a notice in writing upon all
respondent of the review petition. The notices shall be
accompanied by the copies of review petition and all
attached documents of the review petition including the
decision of the procuring agency. The parties may file
written statements along with essential documents in
support of their contentions. The Committee may pass
such order on the representation may deem fit.

50.12 The Authority on the basis of decision made by the

committee either may debar a bidder or contractor from
participating in any public procurement process of all or

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some of the procuring agencies for such period as the
deemed appropriate or acquit the bidder from the
allegations. The decision of the Authority shall be final.

58 | P a g e
SECTION III: BID DATA SHEET

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 Bid Data Sheet (BDS)

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

BDS ITB Amendments of, and Supplements to, Clauses in the

Clause Number Instruction to Bidders
Number
A. Introduction
1. 1.1 Name of Procuring Agency: [insert: name of Procuring
Agency].

The subject of procurement is: [describe the therapeutic

goods to be provided using this Contract and the location where
the goods are to be provided]

Period for delivery of therapeutic goods: [insert: expected

duration of which this Contract is intended to be]

Commencement date for delivery of Therapeutic Goods:

[insert: insert immediately or number of days after signing the
contract]
2. 2.1 Financial year for the operations of the Procuring Agency:
[insert: Financial year]

Name of Project [insert: name and summary description of

the Project if any]

Name of financing institution: [insert: name if any]

Name and identification number of the Contract: [insert:

name and identification number of the Contract]
3. 3.1 Maximum number of members in the joint venture,
consortium or association shall be: [insert the number].
4. 4.1 Ineligible Source country(s) is or are [list if any]
5. 4.5 Demonstration of authorization by manufacturer:
[required or not required]

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B. Bidding Documents

6. 7.1 The bid shall be for selective items or whole quantity

( choose one option)
7. 9.1 The address for clarification of Bidding Documents is
[insert full address]
9.5 Pre-bid meeting will be/will not be held [Tick the
appropriate] If yes write down the venue, time, and date
of the pre-Bid meeting:
[Insert address of venue, or indicate that the meeting will not
take place. The meeting should take place not later than one
weeks before the deadline for Bid submission.]

C. Preparation of Bids

8. 11.1 The Language of all correspondences and documents

related to the Bid is: [specify the language]
9. 12.1(b) Detail of sample(s) to be submitted with the Bid are:
[specify form of sample(s)]
10. 12.1 (k) In addition to the documents stated in ITB 12, the
following documents must be included with the Bid
[insert: list of documents]
11. 12.2 (d) Characteristics [ List if any]
12. 13.3 (c) Other procurement specific documentation
requirements are: [specify the requirements].
13. 14.3 (b) The qualification criteria required from Bidders in ITB
14.3(b) is modified as follows: [list criteria].

The Bidder is required to include with its Bid,

documentation from the manufacturer of the
therapeutic goods, that it has been duly authorized to
deliver, in Pakistan, the therapeutic goods indicated in
its Bid.
14. 16.7 (a) For therapeutic goods manufactured from within
(iii), (iv) Pakistan the price quoted shall be .
(optional)
[Specify EXW and whether prices for inland transportation
and price of incidental services must be quoted in addition to
EXW.]
15. 16.7 (a) (i) For therapeutic goods offered from abroad the price
& 16.6 (b) quoted shall be: [insert]

61 | P a g e
 (i) [Select, in accordance with the Schedule of Requirements and
place of destination as per Applicable INCOTERM i.e., CIF
named port of destination or CIP border point or CIP named
place of destination etc.]

[Specify whether FOB or FCA prices (or other terms, CFR or

(ii), (iii)
CPT) are required pursuant to ITB 15.7 (b) (ii) or (iii).]
(optional)
(iv), (v) [Specify whether prices for inland transportation and prices
(optional) of incidental services, pursuant to ITB 15.7 (b) (iv) and (v),
must be quoted in addition to the above Applicable
INCOTERM prices.]

16. 16.8 The price shall be fixed.

17. 17.1 (a) a) For therapeutic goods and related services
originating in Pakistan the currency of the Bid shall
be Pakistani Rupees;

b) For therapeutic goods and related services

originating outside Pakistan, the Bidder shall
express its Bid in any convertible currency.
18. 17.2 For the purposes of comparison of bids quoted in
different currencies, the price shall be converted into a
single currency specified in the bidding documents.
The rate of exchange shall be the selling rate, prevailing
on the date of opening of bids specified in the bidding
documents, as notified by the State Bank of Pakistan on
that day.
19. 18.1 The Bid Validity period shall be [insert number] days.

20. 19.1 The amount of Bid Security shall be (insert amount)

The currency of the Bid Security shall be: ……….[Insert

currency].
Or
Indicate whether Bid Securing Declaration is applicable
……. [insert “Yes” or “No”]
21. 19.3 The Bid Security shall be in the form of:
…………………… [Insert Form of Bid Security]
22. 19.3 (c) Other forms of security are:[insert other forms if required]
23. 20.1 Alternative Bids to the requirements of the Bidding
Documents [insert "will' or "will not,' as appropriate] be
permitted with respect to [describe the alternatives to be
permitted, or delete, as appropriate]

62 | P a g e
 24. 21.1 The Bid Security shall be Valid for ( Mention expiry date)
25. 22.1 The number of copies of the Bid to be completed and
returned shall be [insert number].
26. 22.2 Written confirmation of authorization are: [list
acceptable confirmation of authorizations]]

D. Submission of Bids

27. 23.2 (a) Bid shall be submitted [specify the PA’s address below]

Street address: [insert street address]

Building/Plot No. [insert Building/Plot]

Floor/Room No.: [insert floor/room]

City/Town: [insert city/town]

28. 23.2 (b) Title of the subject Procurement or Project name: [insert
project name]

ITB title and No: [insert IFB title and number]

Time and date for submission: [insert time and date]

29. 24.1 The deadline for Bid submission is

a) Day :[insert day]

b) Date:[insert date]

c) Time:[insert time]

E. Opening and Evaluation of Bids

30. 27.1 The Bid opening shall take place at:

Street address: [insert street address]

Building/Plot No.:[insert Building/Plot]

Floor/Room No: [insert floor/room]

City/Town: [insert city/town]

63 | P a g e
 Country: [insert country]

Day : [insert day]

Date: [insert date]

Time : [insert time]

31. 33.2 The currency that shall be used for Bid evaluation and
comparison purposes to convert all Bid prices
expressed in various currencies is: [insert the currency]

The source of exchange rate shall be: [insert the source]

The date of exchange rate shall be: [insert date of

exchange rate]
32. 34.4 (f) Operating and maintenance costs.
Factors for calculation of the whole life cost:
i) number of years for whole life cycle [it is
recommended that the life cycle period should not exceed
the usual period before a planned major overhaul of the
goods];
ii) operating costs [e.g., fuel and/or other input, unit cost,
and annual and total operational requirements];
iii) maintenance costs [e.g., spare parts—without
duplication of above 32.5 (d) requirements—and/or other
inputs]; and
iv) rate, as a percentage, to be used to discount all
annual future costs calculated under (ii) and (iii)
above to present value.
or
Reference to the methodology specified in the
Technical Specifications or elsewhere in the Bidding
Documents.
33. 34.4 (g) Performance and productivity of equipment.
[Specify the applicable procedure and the adjustment
factor (in the currency used for Bid evaluation, as
applicable), as required.]
34. 34.4 (h) Other specific criteria are [list]
35. 34.5 (a) Inland transportation from EXW/port of entry/border
point to [name of Project site(s)], and insurance and

64 | P a g e
 incidentals.

Bidder shall furnish:

• estimated dimensions and shipping weight of
each package.
• approximate EXW/ Applicable INCOTERM
value of each package.

36. 34.5 (b) Delivery schedule. [specify the relevant option and the
parameters]

Option adjustment expressed as a percentage [insert a

(i) percentage between 0.1 to 0.2],
or

Option adjustment expressed in an amount in the currency of

(ii) Bid evaluation,
or

Option Adjustment expressed as a percentage. [insert a

(iii) percentage between 0.1 to 0.2]
37. 34.5 (c) Deviation in payment schedule [insert “is” or “is not”
(ii) applicable].
Annual interest rate [insert rate]
38. 34.5 (d) Specific additional criteria to be used in the evaluation
and their evaluation method or reference to the
Technical Specifications. [specify]
39. 34.6 In case of award to a single Bidder of multiple lots; the
methodology of evaluation to determine the lowest
evaluated Lot combinations, including any discounts
offered in the Form of Bid is [insert the methodology]
40. 35.1 a) Domestic preference to apply.
or
Domestic preference not applicable. [Delete the non-
applicable option.]

Preference to domestic or national suppliers or

contractors shall be provided in accordance with
policies of the Federal Government and/or in
accordance with the regulations issued by the
Authority.

65 | P a g e
 41. 36 Evaluation Techniques
Least Cost Based Selection (LCBS)
After meeting the requirements of eligibility,
qualification and substantial responsiveness, the bid in
compliance with all the mandatory (technical)
specifications/requirements and/or requisite quality
threshold (if any), and having lowest evaluated cost (or
financial proposal) shall be considered highest ranked
bid.
QCBS Based Selection (QCBS)
In such combination, there shall be some specific
weightage of both the technical features (such as
prescribed in ITB 35.2) and financial aspects of the
proposal. The financial marks shall be awarded on the
basis of inverse proportion calculations. The highest
ranked bid shall be declared, on the basis of combined
evaluation.
Explanation: No weightage shall be given to the
qualification parameters such as capacity and
capability of the bidder (i.e. Manufacture or
authorized supplier), for the purpose of rating. Any
such weightage shall only be attributed to the quality
parameter of the product to be procured.
In case of QCBS technique, the weightage to determine
the ranking of the bidders shall:
a) Not be more than 40 percent for the technical
parameters of the product; and
b) not less than 60 percent for the financial aspect.

F. Award of Contract

42. 41.1 Percentage for quantity increase or decrease is [insert

percentage].
43. 44.1 The Performance guarantee shall be [insert: amount up
to 10 percent of the Contract Price]
44. 44.2 The Performance guarantee shall be in the form of:
…………………… [Insert form of Performance Security]
45. 45.1 The Advance Payment if essential shall be limited to
[insert: percent of the Contract Price].
46. 45.2 Maximum amount of Advance payment shall be
[insert: amount]
47. 46.1 Arbitrator shall be appointed by mutual consent of the

66 | P a g e
 both parties.

G. Review of Procurement Decisions

48. 50.1 The address of the Procuring Agency (Insert Procuring

Agency’s address)
49. The Address of PPRA to submit a copy of grievance:

Grievance Redressal Appellate Committee,

Public Procurement Regulatory Authority
1st Floor, G-5/2, Islamabad, Pakistan
Tel: +92-51-9202254

67 | P a g e
 SECTION IV. ELIGIBLE COUNTRIES

All the bidders are allowed to participate in the subject procurement without regard to
nationality, except bidders of some nationality, prohibited in accordance with policy of the
Federal Government.

Following countries are ineligible to participate in the procurement process:

1. India
2. Israel

Ministry of Interior, Government of Pakistan has notified List of Business Friendly Countries
(BVL), information can be accessed through following link:

http://www.dgip.gov.pk/Files/Visa%20Categories.aspx#L

68 | P a g e
SECTION V: SCHEDULE OF REQUIREMENTS, TECHNICAL
SPECIFICATIONS

69 | P a g e
Schedule of Requirements
Delivery Schedule

The delivery schedule expressed as weeks/months stipulates hereafter a delivery

date which is the date of delivery

(i) at EXW premises, or

(ii) to the carrier at the port of shipment when the contract is placed on
FOB or CIF terms, or
(iii) to the first carrier when the contract is placed on FCA or CIP terms.

In order to determine the correct date of delivery hereafter specified, the Procuring
Agency has taken into account the additional time that will be needed for
international or national transit to the Project Site or to another common place.

Number Description Quantity Delivery schedule

(shipment) in weeks /
months

Note; Failure to complete the intended supplies even after (insert number of days)
days will result in the forfeiture of performance security and the
company/firm/supplier may be blacklisted.

70
 Pharmaceuticals requirement

S. No Product Product Code Quantity required Place of delivery

Name

71
 Technical specification and sample size

S.no Name of product Technical Batch No.

specification

72
 Technical Specifications

Notes for Preparing the Technical Specifications

A set of precise and clear specifications is a prerequisite for bidders to respond
realistically and competitively to the requirements of the Procuring agency without
qualifying their bids. The specifications must be drafted to permit the widest possible
competition and, at the same time, present a clear statement of the required standards
of workmanship, materials, and performance of the pharmaceuticals to be procured.
Only if this is done will the objectives of economy, efficiency, and fairness in
procurement be realized, responsiveness of bids be ensured, and the subsequent task of
bid evaluation facilitated. The specifications should require that all pharmaceuticals
and materials to be incorporated in the therapeutic goods be new, unused, and of the
most recent or current models, and that they incorporate all recent improvements in
design and materials unless provided for otherwise in the contract.

Samples of specifications from previous similar procurements in the same country are
useful in this respect. The use of metric units is encouraged. Depending on the
complexity of the therapeutic goods and the repetitiveness of the type of procurement,
it may be advantageous to standardize the General Technical Specifications and
incorporate them in a separate subsection. The General Technical Specifications should
cover all classes of workmanship, materials, and equipment commonly involved in
manufacturing similar therapeutic goods, although not necessarily to be used in a
particular procurement. Deletions or addenda should then adapt the General Technical
Specifications to the particular procurement.

Care must be taken in drafting specifications to ensure that they are not restrictive. In
the specification of standards for equipment, materials, and workmanship, recognized
international standards should be used as much as possible. Where other particular
standards are used, whether national standards of the Procuring Agency’s country or
other standards, the specifications should state that equipment, materials, and
workmanship that meet other authoritative standards, and which ensure at least a
substantially equal quality than the standards mentioned, will also be acceptable. The
following clause may be inserted in the Special Conditions of Contract or the Technical
Specifications.

Purpose of Technical Specification:

The purpose of the Technical Specifications (TS), is to define the technical characteristics
of the Therapeutic Goods and Related Services required by the Procuring agency. The
Procuring agency shall prepare the detailed TS take into account that:
1. The TS constitute the benchmarks against which the Procuring agency will
verify the technical responsiveness of bids and subsequently evaluate the bids.
Therefore, well-defined TS will facilitate preparation of responsive bids by
bidders, as well as examination, evaluation, and comparison of the bids by the
Procuring agency.

73
 2. Technical Specifications shall be fully descriptive of the requirements in respect
of, but not limited to, the following;
a) Standards of materials and workmanship required for the production and
manufacturing of the Therapeutic Goods.
b) Detailed tests required (type and number).
(c) Other additional work and/or Related Services required to achieve full
delivery/completion.
(d) Detailed activities to be performed by the Supplier, and participation of
the Procuring agency thereon.
(e) List of detailed functional guarantees covered by the Warranty and the
specification of the liquidated damages to be applied in the event that
such guarantees are not met.

A set of precise and clear specifications is a prerequisite for Bidders to respond

realistically and competitively to the requirements of the Procuring agency without
qualifying their bids. The sample text provided in this section should serve as guidance
only. This text is not intended to be used verbatim since technical specifications specific
to each procurement should be drafted by the Procuring agency for inclusion in the
biding documents. In the context of international competitive bidding (ICB) among
qualified firms, the specifications must be drafted to permit the widest possible
competition. The technical specifications establish the requirements for good
manufacturing practices (GMPs), pharmacopoeia standards, nomenclature, and
description required for each product, shelf life and package expiration date
parameters, labeling instructions, packaging instructions, GMP and quality assurance
certificates required, and other evidence of product quality to be submitted with the bid
and with each shipment. Only if this is done will the objectives of economy, efficiency,
and fairness in procurement be realized, responsiveness of bids be ensured, and the
subsequent task of bid evaluation facilitated,

Specific pharmacopoeial standards should be listed for each product; if any of a range
of standards is adequate (British Pharmacopoeia, United States Pharmacopoeia,
European Pharmacopoeia, or International Pharmacopoeia), this should be noted. If
special packaging or labeling is required for a subset of products, this should be
indicated on the schedule of requirements (see above), but a generic statement of
packaging and labeling applied to all products should be included in the general
technical specifications. Instructions about labeling (contents and language) and
package inserts can be included in the technical specifications, unless there are specific
requirements for each batch or schedule of requirements.
Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Technical Specifications to specific standards and

codes to be met by the goods and materials to be furnished or tested, the provisions of

74
the latest current edition or revision of the relevant shall apply, unless otherwise
expressly stated in the Contract. Where such standards and codes are national or relate
to a particular country or region, other authoritative standards that ensure substantial
equivalence to the standards and codes specified will be acceptable.

Reference to brand name and catalogue number should be avoided as far as possible;
where unavoidable (to complete an otherwise incomplete specification) they should
always be followed by the words “or equivalent.”
Where appropriate, drawings, including site plans as required, may be furnished by the
Procuring agency with the bidding documents. Similarly, the Supplier may be
requested to provide drawings or samples either with its bid or for prior review by the
Procuring agency during contract execution.

75
TECHNICAL SPECIFICATIONS OF PHARMACEUTICALS

76
1. 1.1 The Therapeutic Goods to be procured by the
procuring agency for this Invitation for Bids is
indicated in the PA’s current national essential
drugs list or national formulary.
1.2 Product specifications indicate dosage form (e.g.,
tablet, capsules, dry syrup, liquid, ointment,
injectable, emulsion suspension, etc.) and
the drug content (exact number of mg or
international units [IU] or % v/v, wlw or v/w
acceptable range).

1.3
The Therapeutic Goods should conform to
standards specified in the following compendia:
[The procuring agency should specify an accept
Pharmacopoeia standard from one of the following:
the British Pharmacopoeia, the United States
Pharmacopoeia, the International Pharmacopoeia or
the European Pharmacopoeia, the latter particularly
Specification for raw materials.]
The standards will be the latest edition unless otherwise
stated by the Procuring agency or other if applicable
1.4 In case the pharmaceutical product is not included
in (the specified compendium, but included in the
Procuring agenc’s national essential drug list, the
Procuring agency should clearly indicate acceptable
limits and the Supplier, upon award of the Contract,
must provide the reference, standards and testing
protocols to allow for quality control testing
1.5 Not only the pharmaceutical item, but also
packaging and labeling components (e.g., bottles,
closures, and labeling) should also meet
specifications suitable for distribution, storage, and
use in a climate similar to that prevailing in the
Pakistan. All packaging must be properly sealed
and tamper-proof and packaging components must
meet the latest compendium standards and be approved
for pharmaceutical packaging by the Drug Regulatory
Authority of Pakistan (DRAP). The Procuring agency
should specify any additional special requirements.
2. Product 2.1 Drug Rule 1986 (labeling and Packaging rule)
packaging framed under Drug Act 1976 shall be followed for
labeling and packaging.
2.2 Packaging of the product shall comply with DRAP

77
 GMP standards. 

Primary packaging –
 sterile or non-sterile as appropriate. E.g. for
sterile items, transparent film to allow clear
identification of the content – sachet, plastic
box, peel-off sachet;
 For pharmaceutical products in
tablets/capsule. For item with
tablets/capsules or less, it shall be preferably
in blister pack.
 Glass containers will not be accepted above a
maximum of 250 ml.
 Glass bottles must be separated by criss-cross
box dividers or box partitions or be packed
individually in cartons.
 For glass ampoules, single ended, break-off
necks are required.
 Primary packaging must bear appropriate
labels providing content and usage
information 
2.3 Secondary packaging – to protect the primary
packaging – e.g. cardboard, rigid wrapping.

2.4 All the requirement of the labeling and packaging

rule 1986 including the name of drug/medicine
both brand and generic name, equally prominent
should be printed/written in indelible ink both in
English and Urdu on the outer cartons and each
pack, bottle, blister, tube.
2.5 Therapeutic Goods requiring refrigeration or
freezing or those that should not fall below a certain
minimum temperature for stability must specifically
indicate storage requirements on labels and
containers and be shipped in special containers to
ensure stability in transit from point of shipment to
port of entry.
3.1 Labeling 3.1 The label of the primary container for each
Instructions pharmaceutical and vaccine products shall meet the
GMP standard of the DRAP and include:
Primary packaging shall be imprinted with the

78
 following:
i. Name of manufacturer;
ii. Address of manufacturer’s manufacturing
site;
iii. Article reference of the manufacturer and
the supplier;
iv. Details to identify device (in English,
French and Spanish): description,
composition as appropriate;
v. Batch number prefixed by the word “LOT”
vi. Items with limited shelf life: expiry date
using the words “use before (month)/(year)
or
prefixed by “EXP”
vii. Items without expiry date: the date of
manufacture (year) prefixed by the
harmonized symbol, unless information
already incorporated into the batch number
or serial number
viii. For single use items, the words “DO
NOT RE-USE” or “FOR SINGLE USE”
ix. For sterile items, the word “STERILE” l,
plus a warning, advising to “check the
integrity of the sterile packaging before use.”
3.2 In addition, the primary packaging for
pharmaceutical products shall be labelled with the
Following:
x. Name of drug;
xi. Pharmaceutical dosage form;
xii. Active pharmaceutical ingredient(s); type and
amount;
xiii. Name and amounts of excipients with relevant
medical and pharmaceutical effects e.g.
preservatives, sugar content;
xiv. Net quantity per unit;
xv. Instructions/direction for use;
xvi. Batch number;
xvii. Expiry date;
xviii. Storage conditions including warnings and
precautions ;
xix. If reconstitution is required, the storage
conditions after reconstitution and shelf-life;
xx. Name of manufacturer;
xxi. Address of manufacturing site (For contract

79
 manufacturer, indicate clearly that:
Manufactured by A for Company
3.3 Secondary packaging for pharmaceutical products
shall be imprinted with the following:
i. Name of manufacturer;
ii. Address of manufacturing site;
iii. Labelling same as on primary packaging; –
iv. Any special storage conditions and or handling
conditions;
v. Instructions for use in English or any other
language as stipulated in BDS
3.4 The outer case or carton should also display the
above information.
4. Additional 4.1 The supplier are required to furnish warranty
Instruction certificate with regard to potency and stability
(including coloration of medicine) of the drug for
human consumption etc. in accordance with the
Drug Act, 1976 and DRAP Act, 2012 and Rules
framed thereunder.
4.2 After signing of the contract, the supplier shall
submit the sample of finished medicine in
accordance with the above instructions for
approval.
5. Case 5.1 All cases should prominently indicate the following:
Identification (a) Procuring agency's line and code numbers;
(b) The generic name of the product;
(c) The dosage form (tablet, ampoule, syrup);
(d) Date of manufacture and expiry (in clear
language not code);
(e) Batch number;
(f) Quantity per case;
(g) Special instructions for storage;
(h) Name and address of manufacture; and
(i) Any additional cautionary statements.
5.2 No case should contain pharmaceutical products
from more than one batch.

80
6. Unique 6.1 The Procuring agency shall have the right to request
Identifiers the Supplier to imprint a logo, if the quantity so
justifies it, on the labels of the containers used for
packaging and in certain dosage forms, such as
tablets, and ampoules and this will be in the
Technical Specifications. The design and detail will
be clearly indicated at the time of biding, and
confirmation of the design of such logo shall be
provided to the Supplier at the time of contract
award.

7. Patient 7.1 Every pack must have Patient Information Leaflets

Information (PILS), instructions inserted inside package printed
leaflets and in English language or any other language as per
package inserts stipulated in BDS

8 Shelf Life 8.1 Therapeutic Goods must have long shelf life/expiry
more than 12 months or 70% in case of imported
product and 85% in case of locally manufactured
product, but not less than 12 months in any case.
Procuring agency shall make decision regarding
any relaxation in shelf life/ expiry date.
9. Testing 9.1 After delivery of drug Medicine at Procuring
Verification agency Premises, PA may send sample from each
procedure batch to Central Drug testing Laboratory (CTDL) or
Drug testing Laboratory for testing.
The inspection committee constituted by Procuring
Agency shall inspect the quantity, specification of
therapeutic goods after receipt of standard quality
report from CDTL/DTL concerned if required. The
cost of lab tests shall be borne by the supplier.
9.2 In Case of substandard report of any batch, the
supplier has the right to go for relevant appellate
forum. If it is again declared substandard, the
supplier will be bound to resupply the entire fresh
stock of that batch free of cost within the reasonable
time period to be intimated by the procuring agency
but not late then 30 days from date of intimation,
which will be subject to completion of all testing
and verification formalities, at the parallel the case
will also be forwarded to DRAP for legal action as
per Drug Act 1976, DRAP Act 2012 and Rules made
thereunder for the disposal of substandard stock.

81
 9.3 The Procuring Agency after examination stock can
reject, even if it is declared of standard quality by
CDTL/DTL, if not found according to approved
sample and other technical specification like
packaging, labeling, printing and quantity etc.
10.1 For procurement of pharmaceuticals which are to be
stored at specific temperature shall require
Transport of
controlled temperatures during transportation.
temperature
10 Sufficient arrangement shall be made to transport
sensitive
the required therapeutic goods in specific
pharmaceuticals
temperature.

11.1 The successful Supplier will be required to furnish

to the Procuring agency:
(a) With each consignment, and for each item a
DRAP certificate of quality control test results
concerning quantitative assay, chemical
analysis, sterility, pyrogen content uniformity,
microbial limit, and other tests, as applicable to
the Therapeutic Goods being supplied and the
manufacturer's certificate of analysis;

(b) Assay methodology of any or all tests if

Standards of
requested;
Quality Control
11. (c) Evidence of bioavailability and/or bio-
for Supply
equivalence for certain critical Therapeutic
Goods upon request. This information would be
supplied on a strictly confidential basis only; and
(d) Evidence of basis for expiration dating and
other stability data concerning the commercial
final package upon request.

11.2 The Supplier will also be required to provide the

Procuring agency with access to its manufacturing
facilities to aspect the compliance with the GMP
requirements and quality control mechanisms.

82
SECTION VI- EVALUATION AND QUALIFICATION CRITERIA
(SAMPLE)

83
 Sample Qualification and Technical Evaluation criteria

Paramete Detail Total Remarks

rs marks
1 Market 5 In case of authorize
experien i. Above 5 5 supplier, original
ce in years manufacturer
quoted ii. 3-5 yrs 3 experience shall be
items iii. 1-2 yrs 1 attached.
Experience less than 1
year are not eligible
2 Past Major institution served 10 Institution include
perform i. Above 10 1 Government
ance 0 department, hospitals
ii. 8 to 10 8 and private hospitals
iii 5 to 7 6
.
iv 2 to 4 4
v. 1 2
vi No institution 0
served
3 Credibili 10 GMP issued by Drug
ty and i. Valid GMP 5 Regulator Authority
certificat certificate of Pakistan is
ion ii. Valid ISO 3 required.
certification Therapeutic goods
iii Any other relevant 2 which are not
. certification Registered with
DRAP are not eligible.
4 Financia 10 Bidder can provide
l Status i. Last year audited 5 more than one
balance sheet certificate which
ii. Tax returns last 3 years 3 indicates about
iii Bank certificates about 2 bidder’s financial
. wealth, reputation and wealth, liquidity
liquidity status that status, reputation that
bidders have never they have never
defaulted defaulted in financial
transactions and letter
of credits.
5 Producti Per day production capacity against 5

84
 on the quoted items against total
capacity advertised quantity
i 1.6-2% 5
ii 1.1-1.5% 3
iii 1% 2
iv Less 0

6 Product Sample will be examine per following 5 Products that 100%

sample parameters comply with the
a) Labeling and packing rule 1986 advertised
b) Outer packing specification shall be
c) Inner packing considered for
d) Physical appearance evaluation

i Excellent 5
ii Good 3
iii Satisfactory 2
iv Unsatisfactory 0

7 Technica 6 Bidder is required to

l staff i Plant manager PHD/ 2 attach relevant
MPHIL attested degree and
Pharm 1 appointment letter of
D the concerned staff
i Production PHD/ 2
i manger MPHIL
2 1
i Quality Pharm 1
ii assurance manger D/
MSc
Chemistry
i Quality control Pharm 1
v manager D/
MSc
Chemistry

8 Bioequiv Availability of bioequivalence study 3

alence
study of

85
 the
quoted
products
9 Ranking Current ranking according to Sales 6 Attach certificate of
of firm (pharmaceutical sales index) current ranking
i Above 100 1
ii 60-99 3
iii 30-59 5
iv 1-29 6
10 Source 10 Attach certificate
of Raw i Active Original 5
Material ingredie Manufac
nt ture/res
earch
molecule
/FDA
approve
d
Others 3
ii Excipient Original 5
Manufac
ture/res
earch
molecule
/FDA
approve
d
Others 3
11 Obtained marks= Total
= 70

86
SECTION VII: STANDARD FORMS

STANDARD FORMS

87
 Letter of Bid

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE

COMPLETED THE DOCUMENT
Place this Letter of Bid in the first envelope “TECHNICAL PROPOSAL”.

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and business address.

Note: All italicized text in black font is to help Bidders in preparing this form and Bidders
shall delete it from the final document.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Procuring Agency]

We, the undersigned Bidder, hereby submit our Bid, in two parts, namely:
(a) the Technical Proposal, and
(b) the Financial Proposal.

In submitting our Bid we make the following declarations:

(a) No reservations: We have examined and have no reservations to the bidding
document, including addenda issued in accordance with Instructions to Bidders
(ITB 9);
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest
in accordance with ITB 3;
(c) Bid/Proposal-Securing Declaration: We have not been suspended nor declared
ineligible by the Procuring Agency based on execution of a Bid Securing
Declaration or Proposal Securing Declaration in the Procuring Agency’s country
in accordance with ITB 4;
(d) Conformity: We offer to supply in conformity with the bidding document and
in accordance with the Delivery Schedules specified in the Schedule of
Requirements the following Goods: [insert a brief description of the Goods and
Related Services];
(e) Total Price: The total price of our Bid, excluding any discounts offered in item
(c) below is:
In case of only one lot, the total price of the Bid is [insert the total price of the bid in
words and figures, indicating the various amounts and the respective currencies];

88
 In case of multiple lots, the total price of each lot is [insert the total price of each lot
in words and figures, indicating the various amounts and the respective currencies];

In case of multiple lots, total price of all lots (sum of all lots) [insert the total price
of all lots in words and figures, indicating the various amounts and the respective
currencies];

(f) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered]

(ii) The exact method of calculations to determine the net price after application
of discounts is shown below: [Specify in detail the method that shall be used to
apply the discounts];

(g) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 17.1
(as amended, if applicable) from the date fixed for the Bid submission deadline
specified in BDS 23.1 (as amended, if applicable), and it shall remain binding
upon us, and may be accepted at any time before the expiration of that period;
(h) Performance Security: If our Bid is accepted, we commit to obtain a
performance security in accordance with the bidding document;
(i) One Bid per Bidder: We are not submitting any other Bid(s) as an individual
Bidder, and we are not participating in any other bid(s) as a Joint Venture
member or as a subcontractor, and meet the requirements, other than
Alternative Bids submitted in accordance with ITB 19;
(j) Suspension and Debarment: We, along with any of our subcontractors,
suppliers, consultants, manufacturers, or service providers for any part of the
contract, are not subject to, and not controlled by any entity or individual that is
subject to, a temporary suspension or a debarment imposed by the Procuring
Agency. Further, we are not ineligible under Pakistan laws;
(k) State-owned enterprise or institution: [select the appropriate option and delete the
other] [We are not a state-owned enterprise or institution] / [We are a state-owned
enterprise or institution but meet the requirements of ];
(l) Binding Contract: We understand that this Bid, together with your written
acceptance thereof included in your Letter of Acceptance, shall constitute a
binding contract between us, until a formal contract is prepared and executed;
(m) Not Bound to Accept: We understand that you are not bound to accept the the
Most Advantageous Bid or any other Bid that you may receive; and
(n) Fraud and Corruption: We hereby certify that we have taken steps to ensure
that no person acting for us, or on our behalf, engages in any type of Fraud and
Corruption.

Name of the Bidder: *[insert complete name of Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: **
[insert complete name of person duly authorized to sign the Bid]

89
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of
attorney shall be attached with the Bid Schedules .

90
 Bidder Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid submission]
No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

Page ________ of_ ______ pages

1. Bidder’s Name [insert Bidder’s legal name]

2. In case of JV, legal name of each member : [insert legal name of each member in JV]

3. Bidder’s actual or intended country of registration: [insert actual or intended country

of registration]

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

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

registration]

6. Bidder’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
 Articles of Incorporation (or equivalent documents of constitution or
association), and/or documents of registration of the legal entity named above.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB
3.4.
 Establishing that the Bidder is not under the supervision of the Procuring
Agency
8. Included are the organizational chart, a list of Board of Directors, and the
beneficial ownership.

91
 Bidder’s JV Members Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. The
following table shall be filled in for the Bidder and for each member of a Joint Venture]].
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

Page ________ of_ ______ pages

1. Bidder’s Name: [insert Bidder’s legal name]

2. Bidder’s JV Member’s name: [insert JV’s Member legal name]

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

registration]

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

registration]

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

Member legal address in country of registration]

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

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

7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
 Articles of Incorporation (or equivalent documents of constitution or association),
and/or registration documents of the legal entity named above, in accordance with ITB
4.4.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.

92
Form of Qualification Information

1. Individual 1.1 Constitution or legal status of Bidder: [attach copy]

Bidders or
Individual Place of registration: [insert]
Members of
Joint Ventures Principal place of business: [insert]

Power of attorney of signatory of Bid: [attach]

1.2 Total annual volume of Supplies delivered (insert period) years,

in the internationally traded currency specified in the Bid Data
Sheet: [insert]

1.3 Services performed as prime Supplier on the provision of

Services of a similar nature and volume over the last (insert
period) years. The values should be indicated in the same
currency used for Item 1.2 above. Also list details of work under
way or committed, including expected completion date.

Project name and Name of PA and Type of Supplies Value of Contract

country contact person provided and year of
completion

(a)

(b)

1.4 Major items of Supplier's Equipment proposed for carrying

out the Services. List all information requested below.
Refer also to ITB 13.3(c).

Item of Description, Condition (new, Owned, leased (from

equipment make, and age good, poor) and whom?), or to be purchased
(years) number available (from whom?)

(a)

(b)

1.5 Qualifications and experience of key personnel proposed for

administration and execution of the Contract. Attach

93
 biographical data. Refer also to ITB 13.4(d).

Position Name Years of Years of

experience experience in
(general) proposed position

(a)

(b)

1.6 Proposed sub-contracts and firms involved. Refer to GCC

24.

Sections of the Value of Sub-contractor Experience in providing

Services Sub-contract (name and address) similar Services

(a)

(b)

1.7 Financial reports for the last (insert period) years: balance sheets,
profit and loss statements, auditors’ reports, etc. List below and
attach copies.

1.8 Evidence of access to financial resources to meet the

qualification requirements: cash in hand, lines of credit, etc.
List below and attach copies of support documents. We
certify/confirm that we comply with eligibility requirements as
per ITB 3 of the bidding documents.

1.9 Name, address, and telephone, telex, and facsimile numbers of

banks that may provide references if contacted by the Procuring
Agency.

1.10 Information regarding any litigation, current or within the last

(insert period) years, in which the Bidder is or has been involved.

Other party(ies) Cause of dispute Details of Amount

litigation award involved

(a)

94
 (b)

1.11 Information regarding Occupation Health and Safety Policy and

Safety Records of the Bidder.

1.12 Statement of compliance with the requirements of ITB 3.4.

1.13 Proposed Program (service work method and schedule).

Descriptions, drawings, and charts, as necessary, to comply with
the requirements of the bidding documents.

2. Joint Ventures 2.1 The information listed in 1.11 - 1.12 above shall be provided for
each members of the joint venture.

2.2 The information in 1.13 above shall be provided for the joint
venture.

2.3 Attach the power of attorney of the signatory (ies) of the Bid
authorizing signature of the Bid on behalf of the joint venture.

2.4 Attach the Contract among all members of the joint venture (and
which is legally binding on all members), which shows that

(a) all members shall be jointly and severally liable for the
execution of the Contract in accordance with the Contract
terms;

(b) one of the members will be nominated as being in-charge,

authorized to incur liabilities, and receive instructions for
and on behalf of any and all members of the joint venture;
and

(c) the execution of the entire Contract, including payment,

shall be done exclusively with the member in charge.

3. Additional 3.1 Bidders should provide any additional information required in

Requirements the Bid Data Sheet and to fulfill the requirements of ITB 12.1, if
applicable.

We, the undersigned declare that

(a) The information contained in and attached to this form is true and accurate as of
the date of bid submission

Or [delete statement which does not apply]

95
(b) The originally submitted pre-qualification information remains essentially
correct as of date of submission

Authorized Signature:

Name and Title of Signatory:

Name of Bidder:

Address:

96
 Form FIN
Financial Situation and Performance

[ The following table shall be filled in for the Bidder and for each member of a Joint Venture]

Bidder’s Name: [insert full name]

Date: [insert day, month, year]
Joint Venture Member Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

1. Financial data
Type of Financial Historic information for previous _[insert number] years,
information in [insert in words]
(currency) (amount in currency, currency, exchange rate, )

Year 1 Year 2 Year 3

Statement of Financial Position (Information from Balance

Sheet)
Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth

(NW)
Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating
Activities

97
2. Financial documents

The Bidder and its parties shall provide copies of financial statements for [number] years
pursuant Section III, Qualifications Criteria and Requirements, Sub-factor 3.1. The
financial statements shall:

(a) reflect the financial situation of the Bidder or in case of JV member, and not an
affiliated entity (such as parent company or group member).

(b) be independently audited or certified in accordance with local legislation.

(c) be complete, including all notes to the financial statements.

(d) correspond to accounting periods already completed and audited.

 Attached are copies of financial statements for the [number] years required above;
and complying with the requirements.

98
 Average Annual Turnover (Annual Sales Value)

[The following table shall be filled in for the Bidder and for each member of a Joint Venture]

Bidder’s Name: [insert full name]

Date: [insert day, month, year]
Joint Venture Member Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

Annual turnover data

Year Exchange rate PKR equivalent
Currency
[indicate [indicate currency]
calendar
year]

Average Annual
Turnover *

* Total PKR equivalent for all years divided by the total number of years.

99
 Price Schedule Forms

[The Bidder shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the
List of Goods and Related Services specified by the Purchaser in the Schedule of
Requirements.]

100
 Price Schedule: Therapeutic Goods Manufactured Outside Pakistan, to be Imported
Date:_________________________
(Group C Bids, therapeutic goods to be No: _____________________
imported)
Alternative No: ________________
Page N ______ of ______
Currencies in accordance with ITB 17
1 2 3 4 5 6 7 8 9
Line Description of Country of Delivery Quantity and Unit price Price per line item Price per line item for Total Price per Line item
Item Therapeutic Goods Origin Date as physical unit APPLICABLE including inland transportation (Col. 7+8)
N defined by INCOTERM [insert place APPLICABLE and other services
Incoterms of destination] INCOTERM required in the Pakistan
in accordance with (Col. 5x6) to convey the
ITB 16.8 Therapeutic Goods to
their final destination
specified in BDS

[insert [insert name of [insert [insert [insert number [insert unit price CIP [insert total CIP [insert the corresponding [insert total price of the line item]
number Therapeutic good] country of quoted of units to be per unit] price per line item] price per line item]
of the origin of the Delivery supplied and
item] Therapeutic Date] name of the
Good] physical unit]

Total Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [Insert Date]

101
 Price Schedule: Therapeutic Goods Manufactured Outside Pakistan, already imported*
Date:_________________________
(Group C Bids, Therapeutic Goods already imported) RFB No: _____________________
Alternative No: ________________
Currencies in accordance with ITB 17 Page N ______ of ______

1 2 3 4 5 6 7 8 9 10 11 12
Line Description of Country Delivery Quantity Unit price Custom Duties Unit Price net Price per line Price per line item Sales and other Total Price per line
Item Therapeutic Goods of Origin Date as and including and Import of custom item net of for inland taxes paid or item
N defined by physical Custom Taxes paid per duties and Custom Duties transportation payable per (Col. 9+10)
Incoterms unit Duties and unit in import taxes, and Import and other services item if Contract
Import Taxes accordance with in accordance Taxes paid required in the is awarded (in
paid, in ITB 16.7a)(ii) , with ITB 16.7 Purchaser’s accordance
accordance [to be supported Country to with ITB 16.7
with ITB by documents] convey the goods
14.8(c)(i) to their final
destination, as
specified in BDS
in accordance
with ITB 16.7
[insert [insert name of [insert [insert [insert [insert unit [insert custom [insert unit [ insert price per [insert price per [insert sales and [insert total price per
number of Therapeutic Goods] country of quoted number of price per unit] duties and taxes price net of line item net of line item for inland other taxes line item]
the item] origin of Delivery units to be paid per unit] custom duties custom duties transportation and payable per item
the Date] supplied and import and import other services if Contract is
Therapeuti and name taxes] taxes] required in the awarded]
c Good] of the Purchaser’s
physical Country]
unit]

Total Bid
Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
* [For previously imported Therapeutic Goods, the quoted price shall be distinguishable from the original import value of these Therapeutic Goods declared to
customs and shall include any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or

102
have to be paid by the Purchaser. For clarity the Bidders are asked to quote the price including import duties, and additionally to provide the import duties and
the price net of import duties which is the difference of those values.]

103
 Price Schedule: Therapeutic Goods Manufactured in Pakistan
Date:_________________________
Purchaser’s Country (Group A and B Bids) RFB No: _____________________
Alternative No: ________________
______________________ Page N ______ of ______
Currencies in accordance with ITB 17
1 2 3 4 5 6 7 8 9 10
Line Description of Delivery Quantity Unit price Total EXW Price per line item for Cost of local labor, Sales and other taxes Total Price per
Item Therapeutic Goods Date as and EXW price per line inland transportation raw materials and payable per line item if line item
N defined by physical item and other services components from Contract is awarded (in (Col. 6+7)
Incoterms unit (Col. 45) required in the with origin in the accordance with ITB 16.7
Purchaser’s Country to Purchaser’s
convey the Therapeutic Country
Goods to their final % of Col. 5
destination

[insert [insert name of therapeutic [insert quoted [insert [insert EXW [insert total [insert the corresponding [Insert cost of local [insert sales and other taxes [insert total price
number Good] Delivery number of unit price] EXW price per price per line item] labor, raw material payable per line item if per item]
of the Date] units to line item] and components Contract is awarded]
item] be from within the
supplied Purchase’s country
and name as a % of the EXW
of the price per line item]
physical
unit]

Total Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]

104
 Price and Completion Schedule - Related Services
Date:_________________________
Currencies in accordance with ITB 17 No: _____________________
Alternative No: ________________
Page N ______ of ______
1 2 3 4 5 6 7
Service Description of Services (excludes inland Country of Delivery Date at Quantity and physical unit Unit price Total Price per
N transportation and other services required in the Origin place of Final Service
Purchaser’s Country to convey the goods to their destination (Col. 5*6 or estimate)
final destination)
[insert [insert name of Services] [insert country [insert delivery date at [insert number of units to be supplied and [insert unit price per [insert total price per
number of of origin of the place of final name of the physical unit] item] item]
the Services] destination per Service]
Service ]

Total Bid Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]

105
 Form of Bid Security

[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Purchaser to insert its name and address]
No.: [Purchaser to insert reference number for the Request for Bids]
Alternative No.: [Insert identification No if this is a Bid for an alternative]
Date: [Insert date of issue]
BID GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder, which in the case of a joint
venture shall be the name of the joint venture (whether legally constituted or prospective) or the
names of all members thereof] (hereinafter called "the Applicant") has submitted or will
submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of
________________ under Request for Bids No. __________ _ (“the RFB”).
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must
be supported by a Bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay
the Beneficiary any sum or sums not exceeding in total an amount of ___________
(____________) upon receipt by us of the Beneficiary’s complying demand, supported
by the Beneficiary’s statement, whether in the demand itself or a separate signed
document accompanying or identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid during the period of Bid validity set forth in the Applicant’s
Letter of Bid (“the Bid Validity Period”), or any extension thereto provided by the
Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary during the Bid
Validity Period or any extension thereto provided by the Applicant, (i) has failed
to sign the contract agreement, or (ii) has failed to furnish the performance
security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s
bidding document.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt
of copies of the Contract agreement signed by the Applicant and the performance
security issued to the Beneficiary in relation to such Contract agreement; or (b) if the
Applicant is not the successful Bidder, upon the earlier of (i) our receipt of a copy of the
Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)
twenty-eight days after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at
the office indicated above on or before that date.

106 | P a g e
_____________________________
[Signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the
final product.

107 | P a g e
 Form of Bid-Securing Declaration
[The Bidder shall fill in this Form in accordance with the instructions indicated.]

Date: [date (as day, month and year)]

No.: [number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [complete name of Procuring Agency]

We, the undersigned, declare that:

We understand that, according to your conditions, Bids must be supported by a Bid-

Securing Declaration.

We accept that we will be blacklisted and henceforth cross debarred for participating in
respective category of public procurement proceedings for a period of (not more than)
six months, if fail to abide with a bid securing declaration, however without indulging
in corrupt and fraudulent practices, if we are in breach of our obligation(s) under the
Bid conditions, because we:

(a) have withdrawn our Bid during the period of Bid validity specified in the Letter
of Bid; or

(b) having been notified of the acceptance of our Bid by the Procuring Agency
during the period of Bid validity, (i) fail or refuse to sign the Contract; or (ii) fail
or refuse to furnish the Performance Security (or guarantee), if required, in
accordance with the ITB.

We understand this Bid Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.

Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder**_______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint
Venture that submits the Bid.]

108 | P a g e
 Letter of Acceptance

[Letter head paper of the Procuring Agency]

[date]

To: [name and address of the Supplier]

This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Special Conditions of Contract] for the Contract
Price of the equivalent of [amount in numbers and words] [name of currency], as corrected
and modified in accordance with the Instructions to Bidders is hereby accepted by us.

We hereby confirm [insert the name of the Appointing Authority], to be the Appointing
Authority, to appoint the Arbitrator in case of any arisen disputes.

You are hereby informed that after you have read and return the attached draft
Contract the parties to the contract shall sign the vetted contract within fourteen (14)
working days.

You are hereby required to furnish the Performance Guarantee/Security in the form
and the amount stipulated in the Special Conditions of the Contract within a period of
fourteen (14) days after the receipt of Letter of Acceptance.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract

Copy: Appointing Authority and Supplier

109 | P a g e
 Manufacturer’s Authorization

[The Bidder shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be on the letterhead of the
Manufacturer and should be signed by a person with the proper authority to sign documents
that are binding on the Manufacturer. The Bidder shall include it in its Bid, if so indicated in the
BDS.]

Date: [insert date (as day, month and year) of Bid submission]
No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Procuring Agency]

WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of
goods manufactured], having factories at [insert full address of Manufacturer’s factories],
do hereby authorize [insert complete name of Bidder] to submit a Bid the purpose of which
is to provide the following Therapeutic Goods, manufactured by us [insert name and or
brief description of the Therapeutic Goods], and to subsequently negotiate and sign the
Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 29 of the
General Conditions of Contract, with respect to the Therapeutic Goods offered by the
above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Dated on ____________ day of __________________, _______ [insert date of signing]

110 | P a g e
 PART B CONDITIONS OF THE CONTRACT

SECTION VIII: GENERAL CONDITIONS OF THE CONTRACT

111 | P a g e
 GENERAL CONDITIONS OF THE CONTRACT (GCC)

1. Definitions 1.1 The following words and expressions shall have the
meanings hereby assigned to them:
a) “Authority” means Public Procurement Regulatory
Authority.

b) The “Arbitrator” is the person appointed with mutual

consent of both the parties, to resolve contractual
disputes as provided for in the General Conditions of
the Contract GCC Clause 34 hereunder.
c) The “Contract” means the agreement entered into
between the Procuring Agency and the Supplier, as
recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and
all documents incorporated by reference therein.
d) The “Commencement Date” is the date when the
Supplier shall commence execution of the contract as
specified in the SCC.
e) “Completion” means the fulfillment of the related
services by the Supplier in accordance with the terms
and conditions set forth in the contract.
f) “Country of Origin” means the countries and
territories eligible under the PPRA Rules 2004 and its
corresponding Regulations as further elaborated in
the SCC.
g) The “Contract Price” is the price stated in the Letter of
Acceptance and thereafter as adjusted in accordance
with the provisions of the Contract.
h) “Defective Goods” are those goods which are below
standards, requirements or specifications stated by the
Contract.
i) “Delivery” means the transfer of the goods from the
supplier equipment, machinery, and /or other
materials which the Supplier is required to supply to
the Procuring Agency under Contract.
j) “Effective Contract date” is the date shown in the
Certificate of Contract Commencement issued by the
Procuring Agency upon fulfillment of the conditions
precedent stipulated in GCC Clause 3.

112 | P a g e
k) “Procuring Agency” means the person named as
Procuring Agency in the SCC and the legal successors
in title to this person, procuring the Goods and related
service, as named in SCC.
l) “Related Services” means those services ancillary to
the delivery of the Goods, such as transportation and
insurance, and any other incidental services, such as
installation, commissioning, provision of technical
assistance, training, initial maintenance and other
such obligations of the Supplier covered under the
Contract.
m) “GCC” means the General Conditions of Contract
contained in this section.
n) “Intended Delivery Date” is the date on which it is
intended that the Supplier shall effect delivery as
specified in the SCC.
o) “SCC” means the Special Conditions of Contract.
p) “Supplier” means the individual private or
government entity or a combination of the above
whose Bid to perform the contract has been accepted
by the Procuring Agency and is named as such in the
Contract Agreement, and includes the legal successors
or permitted assigns of the supplier and shall be
named in the SCC.
q) “Project Name” means the name of the project stated
in SCC.
r) “Day” means calendar day.
s) “Eligible Country" means the countries and territories
eligible for participation in accordance with the
policies of the Federal Government.
t) “End User" means the organization(s) where the
goods will be used, as named in the SCC.
u) “Origin” means the place where the Goods were
mined, grown, or produced or from which the
Services are supplied. Goods are produced when,
through manufacturing, processing, or substantial and
major assembly of components, a commercially
recognized new produce results that is substantially
different in basic characteristics or in purpose or
utility from its components.

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 v) “Force Majeure” means an unforeseeable event which
is beyond reasonable control of either Party and which
makes a Party’s performance of its obligations under
the Contract impossible or so impractical as to be
considered impossible under the circumstances.

For the purposes of this Contract, “Force Majeure”

means an event which is beyond the reasonable
control of a Party, is not foreseeable, is unavoidable,
and its origin is not due to negligence or lack of care
on the part of a Party, and which makes a Party’s
performance of its obligations hereunder impossible
or so impractical as reasonably to be considered
impossible in the circumstances. and includes, but is
not limited to, war, riots, civil disorder, earthquake,
fire, explosion, storm, flood, epidemics, or other
adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts
or other industrial action are within the power of the
Party invoking Force Majeure to prevent), confiscation
or any other action by Government agencies.
w) “Specification” means the Specification of the Goods
and performance of incidental services in accordance
with the relevant standards included in the Contract
and any modification or addition made or approved
by the Procuring Agency.
x) The Supplier's Bid is the completed Bid document
submitted by the Supplier to the Procuring Agency.

2. Application 2.1 These General Conditions shall apply to the extent that they
and are not superseded by provisions of other parts of the
interpretatio Contract.
n
2.2 In interpreting these Conditions of Contract headings and
marginal notes are used for convenience only and shall not
affect their interpretations unless specifically stated;
references to singular include the plural and vice versa; and
masculine include the feminine. Words have their ordinary
meaning under the language of the Contract unless
specifically defined.

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 2.3 The documents forming the Contract shall be interpreted in
the following order of priority:

(1) Form of Contract,

(2) Special Conditions of Contract,
(3) General Conditions of Contract,
(4) Letter of Acceptance,
(5) Certificate of Contract Commencement
(6) Specifications
(7) Contractor's Bid, and
(8) Any other document listed in the Special Conditions of
Contract as forming part of the Contract.
3. Conditions 3.1 Having signed the Contract, it shall come into effect on the
Precedent date on which the following conditions have been satisfied: -

a) Submission of performance Security (or guarantee) in

the form specified in the SCC;

b) Furnishing of Advance Payment Unconditional

Guarantee.

3.2 If the Condition precedent stipulated on GCC Clause 3.1 is

not met by the date specified in the SCC this contract shall
not come into effect;

3.3 If the Procuring Agency is satisfied that each of the

conditions precedent in this contract has been satisfied
(except to the extent waved by him, but subject to such
conditions as he shall impose in respect of such waiver) he
shall promptly issue to the supplier a certificate of Contract
commencement, which shall confirm the start date.

4. Governing 4.1 The Contract as all correspondence and documents relating

Language to the contract exchanged by the Supplier and the Procuring
Agency shall be written in the language specified in SCC.
The version of the Contract written in the specified language
shall govern its interpretation.
5. Applicable 5.1 The contract shall be governed and interpreted in
Law accordance with the laws of Pakistan, unless otherwise
specified in SCC.

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6. Country of 6.1 The origin of Therapeutic Goods (Pharmaceuticals) and
Origin Services may be distinct from the nationality of the Supplier.
7. Standards 7.1 The Therapeutic Goods supplied under this Contract shall
conform to the standards mentioned in the Technical
Specifications.
8. Joint Venture 8.1 If the Supplier is a joint venture, consortium, or association,
Consortium all of the parties shall be jointly and severally liable to the
or Purchaser for the fulfillment of the provisions of the
Association
Contract and shall designate one party to act as a leader
with authority to bind the joint venture, consortium, or
association. The composition or the constitution of the joint
venture, consortium, or association shall not be altered
without the prior consent of the Purchaser
9. Contract 9.1 Subject to the order of precedence set forth in the Contract
Documents Agreement, all documents forming the Contract (and all
parts thereof) are intended to be correlative,
complementary, and mutually explanatory. The Contract
Agreement shall be read as a whole.
10. Use of 10.1 The Supplier shall not, without the Procuring Agency’s
Contract prior written consent, disclose the Contract, or any
Documents provision thereof, or any specification, plan, drawing,
and
pattern, sample, or information furnished by or on behalf of
Information;
Inspection the Procuring Agency in connection therewith, to any
and Audit by person other than a person employed by the Supplier in the
the performance of the Contract. Disclosure to any such
Government employed person shall be made in confidence and shall
of Pakistan extend only as far as may be necessary for purposes of such
performance.
10.2 The Supplier shall not, without the Procuring Agency’s
prior written consent, make use of any document or
information enumerated in GCC Clause 10.1 except for
purposes of performing the Contract.
10.3 Any document, other than the Contract itself, enumerated in
GCC Clause 10.1 shall remain the property of the Procuring
Agency and shall be returned (all copies) to the Procuring
Agency on completion of the Supplier’s performance under
the Contract if so required by the Procuring Agency.

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 10.4 The Supplier shall permit the Government of Pakistan or /
and donor agencies involved in financing the project to
inspect the Supplier’s accounts and records relating to the
performance of the Supplier and to have them audited by
auditors appointed by the Government of Pakistan or / and
the appropriate donor agencies, if so required by the
Government of Pakistan or / and the appropriate donor
agencies.
11. Patent and 11.1 The Supplier shall indemnify the Procuring Agency against
Copy Rights all third-party claims of infringement of patent, trademark,
or industrial design rights arising from use of the
Therapeutic Goods or any part thereof in Pakistan.
11.2 The patent right in all drawings, documents, and other
materials containing data and information furnished to the
Procuring Agency by the Supplier herein shall remain
vested in the supplier, or, if they are furnished to the
Procuring Agency directly, or through the Supplier by any
third party, including suppliers of materials, the patent right
in such materials shall remain vested in such third party.
12. Scope of 12.1 The therapeutic Goods and Related Services to be supplied
Supply shall be as specified in the Schedule of Requirements
13. Performance 13.1 The Performance Guarantee shall be provided to the
Guarantee Procuring Agency no later than the date specified in the
Letter of Acceptance and shall be issued in an amount and
form and by a bank or surety acceptable to the Procuring
Agency, and denominated in the types and proportions of
the currencies in which the Contract Price is payable as
specified in the SCC.
13.2 The proceeds of the Performance Guarantee shall be payable
to the Procuring Agency as compensation for any loss
resulting from the Supplier’s failure to complete its
obligations under the Contract.
13.3 The Performance Guarantee shall be in one of the following
forms:
a) A bank guarantee, an irrevocable letter of credit
issued by a reputable bank, or in the form provided
in the Bidding Documents or another form acceptable
to the Procuring Agency; or
b) A cashier’s or certified check.

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 13.4 The performance guarantee will be discharged by the
Procuring Agency and returned to the Supplier not later
than thirty (30) days following the date of completion of the
Supplier’s performance obligations under the Contract,
including any warranty obligations, unless otherwise
specified in SCC.
14. Supplier’s 14.1 The Supplier shall supply all the Therapeutic Goods and
Responsibilit Related Services included in the Scope of Supply in
y accordance with GCC Clause 12, and the Delivery and
Completion Schedule, as per GCC Clause 17
15. Inspections 15.1 The Procuring Agency or its representative shall have the
and Test right to inspect and /or to test the therapeutic Goods to
confirm their conformity to the Contract specifications at no
extra cost to the Procuring Agency. SCC and the Technical
Specifications shall specify what inspections and tests the
Procuring Agency shall notify the Supplier in writing or in
electronic forms that provide record of the content of
communication, in a timely manner, of the identity of any
representatives retained for these purposes.
15.2 The inspections and tests may be conducted on the premises
of the Supplier or its subcontractor(s), at point of delivery,
and/or at the Therapeutic Goods’ final destination. If
conducted on the premises of the Supplier or its
subcontractor(s), all reasonable facilities and assistance,
including access to drawings and production data, shall be
furnished to the inspectors at no charge to the Procuring
Agency.
15.3 Should any inspected or tested Therapeutic Goods fail to
conform to the Specifications, the Procuring Agency may
reject the Therapeutic Goods, and the Supplier shall replace
the rejected Therapeutic Goods to meet specification
requirements free of cost to the Procuring Agency.
15.4 The Procuring Agency’s right to inspect, test and, where
necessary, reject Therapeutic Goods after its arrival in the
Procuring Agency’s country shall in no way be limited or
eared by reason of the Therapeutic Goods having previously
been inspected, tested, and passed by the Procuring Agency
or its representative prior to the Therapeutic Goods’
shipment from the country of origin.

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 15.5 Nothing in GCC Clause 13 shall in any way release the
supplier from any warranty or other obligations under this
Contract.
16. Packing 16.1 The supplier shall provide such packing of the Therapeutic
Goods as required in the Technical Specification of the
Bidding Documents to prevent their damage or
deterioration during transit to their final destination, as
indicated in the Contract. The packing shall be sufficient to
withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and
precipitation during transit, and open storage. Packing case
size and weights shall take into consideration, where
appropriate, the remoteness of the Therapeutic Goods final
destination and the absence of heavy handling facilities at
all points in transit.
16.2 The packing, marking, and documentation within and
outside the packages shall comply strictly with such special
requirements as shall be expressly provided for in the
Contract, including additional requirements, if any,
specified in SCC, and in any subsequent instructions
ordered by the Procuring Agency.
17. Delivery and 17.1 Delivery of the Therapeutic Goods shall be made by the
Documents Supplier in accordance with the terms specified in the
Schedule of Requirements. The details of shipping and or
other documents to be furnished by the Supplier as specified
in SCC.
17.2 For purposes of the Contract, “EXW”, “FOB”, “FCA”, “CIF”,
“CIP,” and other trade terms used to describe the
obligations of the parties shall have the meanings assigned
to them by the current edition of INCOTERMS published by
the International Chamber of Commerce, Paris.
17.3 Documents to be submitted by the Supplier are specified in
SCC.
18. Insurance 18.1 The Therapeutic Goods supplied under the Contract shall be
fully insured in a freely convertible currency against loss or
damage incidental to manufacture or acquisition,
transportation, storage, and delivery in the manner specified
in the SCC.

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19. Transportati 19.1 Where the Supplier is required under Contract to deliver the
on Therapeutic Goods FOB, transport of the Therapeutic
Goods, up to and including the point of putting the
Therapeutic Goods on board the vessel at the specified port
of loading, shall be arranged and paid for by the Supplier,
and the cost thereof shall be included in the Contract Price.
Where the Supplier is required under the Contract to deliver
the Goods FCA, transport of the Therapeutic Goods and
delivery into the custody of the carrier at the place named
by the Procuring Agency or other agreed point shall be
arranged and paid for by the Supplier, and the cost thereof
shall be included in the Contract Price.
19.2 Where the Supplier is required under Contract to deliver the
Goods CIF or CIP, transport of the Goods to the port of
destination or such other named place of destination in
Pakistan, as shall be specified in the Contract, shall be
arranged and paid for by the Supplier, and the cost thereof
shall be included in the Contract Price.
19.3 Where the Supplier is required under the Contract to
transport the Therapeutic Goods to a specified place of
destination within Pakistan, defined as the Project Site,
transport to such place of destination in Pakistan, including
insurance and storage, as shall be specified in the Contract,
shall be arranged by the Supplier, and related costs shall be
included in the Contract Price.
20. Related 20.1 The Supplier may be required to provide any or all of the
Services following services, including additional services, if any,
specified in SCC:
a) Performance or supervision of on-site assembly,
Installation Commissioning and/or start-up of the
supplied Therapeutic Goods;
b) Furnishing of tools required for assembly and/or
maintenance of the supplied Therapeutic Goods;
c) Furnishing of a detailed operations and maintenance
manual for each appropriate unit of the supplied
Therapeutic Goods;
d) Performance or supervision or maintenance and/or
repair of the supplied Therapeutic Goods, for a
period of time agreed by the parties, provided that
this service shall not relieve the Supplier of any

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 warranty obligations under this Contract; and
e) Training of the Procuring Agency’s personnel, at the
Supplier’s plant and/or on-site, in assembly, start-
up, operation, maintenance, and/or repair of the
supplied Therapeutic Goods.
20.2 Prices charged by the Supplier for related services, if not
included in the Contract Price for the Therapeutic Goods,
shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the
Supplier for similar services.
21. Warranty/ 21.1 The Supplier warrants that the Therapeutic Goods supplied
Defect under the Contract are new, unused, of the most recent or
Liability current models and that they incorporate all recent
Period
improvements in design and materials unless provided
otherwise in the Contract. The Supplier further warrants
that all Therapeutic Goods supplied under this Contract
shall have no defect, arising from design, materials, or
workmanship (except when the design and/or material is
required by the Procuring Agency, specifications) or from
any act or omission of the Supplier, that may develop under
normal use of the supplied Therapeutic Goods in the
conditions prevailing in Pakistan.
21.2 This warranty shall remain valid for a period specified in
the SCC after the Therapeutic Goods, or any portion thereof
as the case may be, have been delivered to and accepted at
the final destination indicated in the Contract, or for a
period specified in the SCC after the date of shipment from
the port or place of loading in the source country, whichever
period concludes earlier, unless specified otherwise in SCC.
21.3 The Procuring Agency shall promptly notify the Supplier in
writing or in electronic forms that provide record of the
content of communication of any claims arising under this
warranty.
21.4 Upon receipt of such notice, the Supplier shall, within the
period specified in SCC and with all reasonable speed,
repair or replace the defective Therapeutic Goods or parts
thereof, without costs to the Procuring Agency other than,
where applicable, the cost of inland delivery of the repaired
or replaced Therapeutic Goods or parts from EXW or the
port or place of entry to entry to the final destination.

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 21.5 If the Supplier, having been notified, fails to remedy the
defect(s) within the period specified in SCC, the Procuring
Agency may proceed to take such remedial action as may be
necessary, at the Supplier’s risk and expense and without
prejudice to any other rights which the Procuring Agency
may have against the Supplier under the Contract.
22. Payment 22.1 The method and conditions of payment to be made to the
Supplier under this Contract shall be specified in SCC.
22.2 The Supplier’s request(s) for payment shall be made to the
Procuring Agency in writing or in electronic forms that
provide record of the content of communication,
accompanied by an invoice describing, as appropriate, the
Goods delivered and Services performed, and by documents
submitted pursuant to GCC Clause 13, and upon fulfillment
of other obligations stipulated in the Contract.
22.3 Payments shall be made promptly by the Procuring Agency,
within sixty (60) days after submission of an invoice or claim
by the Supplier. If the Procuring Agency makes a late
payment, the Supplier shall be paid interest on the late
payment. Interest shall be calculated from the date by which
the payment should have been made up to the date when the
late payment is made at the rate as specified in the SCC.

22.4 The currency or currencies in which payment is made to the

Supplier under this Contract shall be specified in SCC
subject to the following general principle: payment will be
made in the currency or currencies in which the payment
has been requested in the Supplier’s Bid.
22.5 All payments shall be made in the currency or currencies
specified in the SCC pursuant to GCC Clause 22.4
23. Prices 23.1 The contract price shall be as specified in the Contract
Agreement Subject to any additions and adjustments thereto
or deductions there from, as may be made pursuant to the
Contract.
23.2 Prices charged by the Supplier for Therapeutic Goods
delivered and Services performed under the Contract shall
not vary from the prices quoted by the Supplier in its Bid,
with the exception of any price adjustments authorized in
SCC or in the Procuring Agency’s request for Bid Validity
extension, as the case may be.

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24. Change 24.1 The Procuring Agency may at any time, by a written order
Orders given to the Supplier, make changes within the general
scope of the Contract in any one or more of the following:
a) Drawings, designs, or specifications, where
Therapeutic Goods to be furnished under the
Contract are to be specifically manufactured for the
Procuring Agency;
b) The method of shipment or packing;
c) The place of delivery; and/or
d) The Services to be provided by the Supplier.
24.2 If any such change causes an increase or decrease in the cost
of, or the time required for, the Supplier’s performance of
any provisions under the Contract an equitable adjustment
shall be made in the Contract Price or delivery schedule, or
both, and the Contract shall accordingly be amended. Any
claims by the Supplier for adjustment under this clause
must be asserted within thirty (30) days from the date of the
Supplier’s receipt of the Procuring Agency change order.
24.3 Prices to be charged by the supplier for any related services
that might be needed but which were not included in the
Contract shall be agreed upon in advance by the Parties and
shall not exceed the prevailing rates charged to other parties
by the Supplier for similar services.
25. Contract 25.1 Subject to GCC Clause 24, no variation in or modification of
Amendments the terms of the Contract shall be made except by written
amendment signed by the parties.
26. Assignment 26.1 Neither the Procuring Agency nor the Supplier shall assign,
in whole or in part, obligations under this Contract, except
with the prior written consent of the other party.
27. Sub- 27.1 The Supplier shall consult the Procuring Agency in the event
contracts of subcontracting under this contract if not already specified
in the Bid. Subcontracting shall not alter the Supplier's
obligations.
27.2 Subcontracts must comply with the provision of GCC Clause
5.
28. Delays in the 28.1 Delivery of the Therapeutic Goods and performance of
Supplier’s Services shall be made by the Supplier in accordance with
Performance the time schedule prescribed by the Procuring Agency in the
Schedule of Requirements.

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 28.2 If at any time during performance of the Contract, the
Supplier or its subcontractor(s) should encounter conditions
impeding timely delivery of the Therapeutic Goods and
performance of Services, the Supplier shall promptly notify
the Procuring Agency in writing or in electronic forms that
provide record of the content of communication of the fact of
the delay, its likely duration and its cause(s). As soon as
practicable after receipt of the Supplier’s notice, the
Procuring Agency shall evaluate the situation and may at its
discretion extend the Supplier’s time for performance, with
or without liquidated damages, in which case the extension
shall be ratified by the parties by amendment of Contract.
28.3 Except as provided under GCC Clause 31, a delay by the
Supplier in the performance of its delivery obligations shall
render the Supplier liable to the imposition of liquidated
damages pursuant to GCC Clause 29, unless an extension of
time is agreed upon without the application of liquidated
damages.

29. Liquidated 29.1 Subject to GCC Clause 31, if the Supplier fails to deliver any
Damages or all of the Therapeutic Goods or to perform the Services
within the period(s) specified in the Contract, the Procuring
Agency shall, without prejudice to its other remedies under
the Contract, deduct from the Contract Price, as liquidated
damages, a sum equivalent to the percentage specified in
SCC of the delivered price of the delayed Therapeutic Goods
or unperformed Services for each week or part thereof of
delay until actual delivery or performance, up to a maximum
deduction of the performance security (or guarantee)
specified in SCC. Once the said maximum is reached, the
Procuring Agency may consider termination of the Contract.
30. Termination 30.1 The Procuring Agency or the Supplier, without prejudice to
for Default any other remedy for breach of Contract, by written notice of
default sent to the concerned party may terminate the
Contract if the other party causes a fundamental breach of
the Contract.
30.2 Fundamental breaches of Contract shall include, but shall not
be limited to the following:

a) the Supplier fails to deliver any or all of the

Therapeutic Goods within the period(s) specified in
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 the Contract, or within any extension thereof granted
by the Procuring Agency; or
b) the Supplier fails to perform any other obligation(s)
under the Contract;
c) Supplier’s failure to submit performance security (or
guarantee) within the time stipulated in the SCC;
d) the supplier has abandoned or repudiated the
contract.
e) the Procuring Agency or the Supplier is declared
bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;

f) a payment is not paid by the Procuring Agency to the

Supplier after Number of days Specified in SCC from
the due date for payment;

g) the Procuring Agency gives Notice that Therapeutic

goods delivered with a defect is a fundamental breach
of Contract and the Supplier fails to correct it within a
reasonable period of time determined by the Procuring
Agency; and

h) if the Procuring Agency determines, based on the

reasonable evidence, that the Supplier has engaged in
corrupt, coercive, collusive, obstructive or fraudulent
practices, in competing for or in executing the
Contract.
30.3 For the purpose of this clause:

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 “Corrupt and Fraudulent Practice” in respect of
procurement process, shall be either one or any combination
of the practices including,-
(i)          "coercive practices" which means any impairing or
harming or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence
the actions of a party to achieve a wrongful gain or to cause a
wrongful loss to another party;
(ii)       "collusive practices" which means any arrangement
between two or more parties to the procurement process
designed to stifle open competition for any wrongful gain,
and to establish prices at artificial, non-competitive levels;
(iii)     "corrupt practices" which means the offering, giving,
receiving or soliciting, directly or indirectly, of anything of
value to influence the acts of another party for wrongful
gain;
              
(iv)     "fraudulent practices" which means any act or
omission, including a  misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain
a financial or other benefit or to avoid an obligation; and
 
(v)        "obstructive practices" which means harming or
threatening to harm, directly or indirectly, persons to
influence their participation in a procurement process, or
affect the execution of a contract..
30.4 In the event the Procuring Agency terminates the Contract in
whole or in part, the Procuring Agency may procure, upon
such terms and in such manner as it deems appropriate,
Therapeutic Goods or Services similar to those undelivered,
and the Supplier shall be liable to the Procuring Agency for
any excess costs for such similar Therapeutic Goods or
Services. However, the Supplier shall continue performance
of the Contract to the extent not terminated.

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31. Termination 31.1 Notwithstanding the provisions of GCC Clauses 29, and,
for Force neither Party shall have any liability or be deemed to be in
Majeure breach of the Contract for any delay nor is other failure in
performance of its obligations under the Contract, if such
delay or failure is a result of an event of Force Majeure.

For purpose of this clause, ‘’Force Majeure’’ means an event

which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of a Party, and which
makes a Party’s performance of its obligations hereunder
impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not
limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood, epidemics, or other adverse weather
conditions, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are
within the power of the Party invoking Force Majeure to
prevent
31.2 If a Party (hereinafter referred to as “the Affected Party”) is
or will be prevented from performing its substantial
obligation under the contract by Force Majeure, it shall give a
Notice to the other Party giving full particulars of the event
and circumstance of Force Majeure in writing or in electronic
forms that provide record of the content of communication of
such condition and the cause thereof. Unless otherwise
directed by the Procuring Agency in writing or in electronic
forms that provide record of the content of communication,
the Supplier shall continue to perform its obligations under
the Contract as far as is reasonably practical, and shall seek
all reasonable alternative means for performance not
prevented by the Force Majeure event.
32. Termination 32.1 The Procuring Agency may at any time terminate the
for Contract by giving written notice to the Supplier if the
Insolvency Supplier becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the
Supplier, provided that such termination will not prejudice
or affect any right of action or remedy which has accrued or
will accrue thereafter to the Procuring Agency.

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33. Termination 33.1 The Procuring Agency, by written notice sent to the Supplier,
for may terminate the contract, in whole or in part, at any time
Convenience for its convenience. The notice of termination shall specify
that termination is for the Procuring Agency’s convenience,
the Contract is terminated, and the date upon which such
termination becomes effective.
33.2 The Therapeutic Goods that are complete and ready for
shipment within thirty (30) days after the Supplier’s receipt
of notice of termination shall be accepted by the Procuring
Agency at the Contract terms and price. For the remaining
Goods, the Procuring Agency may elect:
a) To have any portion completed and delivered at the
Contract terms and prices; and / or
b) To cancel the remainder and pay to the Supplier an
agreed amount for partially completed Therapeutic
Goods and Services and for materials and parts
previously procured by the Supplier.
34. Disputes 34.1 In the event of any dispute arising out of this contract, either
Resolution party shall issue a notice of dispute to settle the dispute
amicably. The parties hereto shall, within twenty-eight (28)
days from the notice date, use their best efforts to settle the
dispute amicably through mutual consultations and
negotiation. Any unsolved dispute may be referred by either
party to an arbitrator that shall be appointed by mutual
consent of the both parties.
34.2 After the dispute has been referred to the arbitrator, within
30 days, or within such other period as may be proposed by
the Parties, the Arbitrator shall give its decision. The
rendered decision shall be binding to the Parties.
35. Procedure for 35.1 The arbitration shall be conducted in accordance with the
Disputes arbitration procedure published by the Institution named
Resolution and in the place shown in the SCC.
35.2 The rate of the Arbitrator’s fee and administrative costs of
arbitration shall be borne equally by the Parties. The rates
and costs shall be in accordance with the rules of the
Appointing Authority. In conducting arbitration to its
finality each party shall bear its incurred costs and expenses.
35.3 The arbitration shall be conducted in accordance with the
arbitration procedure published by the institution named
and in the place shown in the SCC.

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36. Replacement 36.1 Should the Arbitrator resign or die, or should the Procuring
of Arbitrator Agency and the Supplier agree that the Arbitrator is not
functioning in accordance with the provisions of the contract,
a new Arbitrator shall be appointed by mutual consent of the
both parties.
37. Limitation of 37.1 Except in cases of criminal negligence or willful conduct, and
Liability in the case of infringement,
a) The supplier shall not be liable to the Procuring
Agency, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss of
use, loss of production, or loss of profits or interest
costs, provided that this exclusion shall not apply to
any obligation of the Supplier to pay liquidated
damages to the Procuring Agency; and
b) The aggregate liability of the Supplier to the
Procuring Agency, whether under the Contract, in tort
or otherwise, shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost
of repairing or replacing defective equipment or to
any obligation of the Supplier to indemnify the
Procuring Agency with respect to patent
infringement.
38. Notices 38.1 Any notice given by one party to the other pursuant to this
Contract shall be sent to the other party in writing or in
electronic forms that provide record of the content of
communication and confirmed in writing or in electronic
forms that provide record of the content of communication to
the other party’s address specified in SCC.
38.2 A notice shall be effective when delivered or on the notice’s
effective date, whichever is later.
39. Effectiveness 39.1 Unless otherwise specified in the SCC, the Contract shall
of the become effective on the date (“the Effective Date”) that the
Contract Supplier receives written notification from the relevant
authority in the Purchaser’s Country that the Therapeutic
Goods have been registered for use in the Procuring
Agency’s Country.

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 39.2 If thirty (30) days, or such longer period specified in the SCC,
elapse from the date of Contract signing and the Contract has
not become effective pursuant to Sub-Clause 39.1 above, then
either party may, by not less than seven (7) days’ written
notice to the other party, declare this Contract null and void.
In such event, the Supplier’s Performance Security shall be
promptly returned.
40. Extension 40.1 If at any time during performance of the Contract, the
Supplier or its subcontractors should encounter conditions
impeding timely delivery of the Therapeutic Goods or
completion of Related Services, the Supplier shall promptly
notify the Purchaser in writing of the delay, its likely
duration, and its cause. As soon as practicable after receipt
of the Supplier’s notice, the Purchaser shall evaluate the
situation and may at its discretion extend the Supplier’s time
for performance, in which case the extension shall be ratified
by the parties by amendment of the Contract.

40.2 Except in case of Force Majeure, as provided under GCC

Clause 31, a delay by the Supplier in the performance of its
Delivery and Completion obligations shall render the
Supplier liable to the imposition of liquidated damages
pursuant to GCC Clause 29, unless an extension of time is
agreed upon, pursuant to GCC Sub-Clause 39.1
41. Taxes and 41.1 A foreign Supplier shall be entirely responsible for all taxes,
Duties stamp duties, license fees, and other such levies imposed
outside Pakistan.
41.2 If any tax exemptions, reductions, allowances or privileges
may be available to the Supplier in Pakistan the Procuring
Agency shall use its best efforts to enable the Supplier to
benefit from any such tax savings to the maximum allowable
extent.
41.3 A local Supplier shall be entirely responsible for all taxes,
duties, license fees, etc., incurred until delivery of the
contracted Goods to the Procuring Agency.

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SECTION VIII: SPECIAL CONDITIONS OF THE CONTRACT (SCC)

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Special Conditions of Contract (SCC)

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

SCC GCC Amendments of, and Supplements to, Clauses in the GCC
Clause Clause
Numbe Number
r

Definitions (GCC 1)

1. 1.1 The Procuring Agency is: [Name and address]

2. 1.1(j) The Supplier is: [Name and address]

3. 1.1(q) The title of the subject procurement or The Project is: [write the
name of title or project]

Governing Language (GCC 4)

4. 4.1 The Governing Language shall be: ………

Applicable Law (GCC 5)

5. 5.1 The Applicable Law shall be: Laws of the ………………

Country of Origin (GCC 6)

6. 6.1 Country of Origin is ……………………….

Performance Security ( or guarantee) (GCC 13)

7. 13.1 The amount of performance security (or guarantee), as a

percentage of the Contract Price, shall be: [below the ten (10)
percent of the Contract Price]
8. 13.4 After delivery and acceptance of the Therapeutic Goods, ______
percent of the Performance Security (or guarantee) shall be
withheld to cover the Supplier’s warranty obligations in
accordance with GCC Clause 21.2.
Inspections and Tests (GCC 15)

9. 15.1 Inspection and tests prior to shipment of Therapeutic Goods

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 and at final acceptance are as follows:

Quality and quantity inspection shall be carried out prior to

shipment of Therapeutic Goods by the manufacturer(s) at the
supplier’s own expense and responsibility in terms of the items
specified in the specifications. The supplier shall submit the
inspection certificate issued by himself which should be
attached with the certificate(s) of the manufacturer(s) to the
Procuring Agency in order to ensure that the Therapeutic
goods are manufactured in compliance with the contract.

Packing (GCC Clause 16)

10. 16.2 The following SCC shall supplement GCC Clause 16.2:

The Therapeutic Goods shall be packed properly in accordance

with standard export packing specified by the Procuring
Agency in the Technical Specification.

Delivery and Documents (GCC Clause 17)

11. 17.1 For Therapeutic Goods supplied from abroad:

Upon shipment, the Supplier shall notify the Procuring Agency

and the Insurance Company by cable the full details of the
shipment, including Contract number, description of Goods,
quantity, the vessel, the bill of lading number and date, port of
loading, date of shipment, port of discharge, etc. The Supplier
shall mail the following documents to the Procuring Agency,
with a copy to the Insurance Company:

(i.) One original plus four copies of the Supplier’s

invoice showing Goods’ description, quantity,
unit price, and total amount;

(ii.) original and four copies of the negotiable, clean,

on-board bill of lading marked “freight prepaid”
and four copies of nonnegotiable bill of lading;

(iii.) One original plus four copies of the packing list

identifying contents of each package;

(iv.) Insurance Certificate;

(v.) Manufacturer’s or Supplier’s warranty certificate;

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 (vi.) inspection certificate, issued by the nominated
inspection agency, and the Supplier’s factory
inspection report; and

(vii.) certificate of country of origin issued by the

chamber of commerce and industry or equivalent
authority in the country of origin in duplicate.

The above documents shall be received by the Procuring

Agency at least one week before arrival of the Therapeutic
Goods at the port or place of arrival and, if not received, the
Supplier will be responsible for any consequent expenses.

[Other similar documents should be listed, depending upon the

Incoterm retained.]

12. 17.3 For Therapeutic Goods from within Pakistan:

Upon delivery of the Therapeutic Goods to the transporter, the

Supplier shall notify the Procuring Agency and mail the
following documents to the Procuring Agency:

(i.) one original plus four copies of the Supplier’s invoice

showing Therapeutic Goods’ description, quantity,
unit price, and total amount;

(ii.) delivery note, railway receipt, or truck receipt;

(iii.) Manufacturer’s or Supplier’s warranty certificate;

(iv.) inspection certificate issued by the nominated

inspection agency, and the Supplier’s factory
inspection report; and

(v.) certificate of country of origin issued by Pakistan

Chamber of Commerce and Industry or equivalent
authority in the country of origin in duplicate.

The above documents shall be received by the Procuring

Agency before arrival of the Therapeutic Goods and, if not
received, the Supplier will be responsible for any consequent
expenses.
13. 17.1 The Insurance shall be in an amount equal to 110 percent of the
applicable INCOTERM value of the Therapeutic Goods from
“warehouse” to “warehouse” on “All Risks” basis, including
War Risks and Strikes.

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 Related Services (GCC Clause 20)

14. 20.1 Related services to be provided are:

[Selected services covered under GCC Clause 16 and/or other should

be specified with the desired features. The price quoted in the Bid
price or agreed with the selected Supplier shall be included in the
Contract Price.]

Warranty (GCC Clause 21)

16. 21.2 In partial modification of the provisions, the warranty period

shall be _____ hours of operation or _____ months from date of
acceptance of the Goods or (_____) months from the date of
shipment, whichever occurs earlier. The Supplier shall, in
addition, comply with the performance and/or consumption
guarantees specified under the Contract. If, for reasons
attributable to the Supplier, these guarantees are not attained in
whole or in part, the Supplier shall, at its discretion, either:

(a) make such changes, modifications, and/or additions

to the Goods or any part thereof as may be necessary
in order to attain the contractual guarantees specified
in the Contract at its own cost and expense and to
carry out further performance tests in accordance
with SCC 4,
or

(b) pay liquidated damages to the Procuring Agency

with respect to the failure to meet the contractual
guarantees. The rate of these liquidated damages
shall be 0.20 percent per day of undelivered
materials/goods value up to the sum equivalent to
the amount of ten percent of the contract value.

17. 21.4 & The period for correction of defects in the warranty period is:
21.5 ………….

Payment (GCC Clause 22)

18. 22.1 The method and conditions of payment to be made to the

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Supplier under this Contract shall be as follows:

Payment for Therapeutic Goods supplied from abroad:

Payment of foreign currency portion shall be made in ()

[currency of the Contract Price] in the following manner:

(i) Advance Payment: ……. percent of the Contract

Price shall be paid within thirty (30) days of signing
of the Contract, and upon submission of claim and a
bank guarantee for equivalent amount valid until the
Goods are delivered and in the form provided in the
Bidding Documents or another form acceptable to
the Procuring Agency.

(ii) On Shipment: ------- percent of the Contract Price of

the Goods shipped shall be paid through irrevocable
confirmed letter of credit opened in favor of the
Supplier in a bank in its country, upon submission of
documents specified in GCC Clause 10.

(iii) On Acceptance: …….. percent of the Contract Price

of Therapeutic Goods received shall be paid within
thirty (30) days of receipt of the Goods upon
submission of claim supported by the acceptance
certificate issued by the Procuring Agency.

Payment of local currency portion shall be made in :[insert the

currency] within thirty (30) days of presentation of claim
supported by a certificate from the PE declaring that the Goods
have been delivered and that all other contracted Services have
been performed.

Payment for Therapeutic Goods and Services supplied from

within Pakistan:

Payment for Therapeutic Goods and Services supplied from

within Pakistan shall be made in Pakistani Rupees, as follows:

(i) Advance Payment: …… percent of the Contract

Price shall be paid within thirty (30) days of signing
of the Contract against a simple receipt and a bank
guarantee for the equivalent amount and in the form
provided in the Bidding Documents or another form
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 acceptable to the Procuring Agency.

(ii) On Delivery: …….. percent of the Contract Price

shall be paid on receipt of the Therapeutic Goods and
upon submission of the documents specified in GCC
Clause 11.

(iii) On Acceptance: The remaining ……. percent of the

Contract Price shall be paid to the Supplier within
thirty (30) days after the date of the acceptance
certificate for the respective delivery issued by the
Procuring Agency.

22.3 Rate to be used for paying the Supplier’s interest on the late
payment made by Procuring Agency shall be [insert: rate].

Prices (GCC 23)

19 23.1 Prices shall be adjusted in accordance with provisions in the

Attachment to SCC.

[To be inserted only if price is subject to adjustment.]

Liquidated Damages (GCC Clause 29)

20. 29.1 Applicable rate: [insert rate]

Maximum deduction: is equal to the performance security.

Note: 0.1 to 0.2 per cent per day of undelivered materials/good’s

value.

Procedure for Dispute Resolution (GCC Clause 34)

21. 34.3 Dispute Resolution

(a) For Contracts to be entered with foreign Contractor/

Service Provider:

All disputes arising in connection with the present Contract

shall be finally settled under the Rules of Conciliation and
Arbitration of the International Chamber of Commerce by

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 one or more arbitrators appointed in accordance with said
Rules.

(b) For Contracts to be entered with nationals of Pakistan:

1. If any dispute of any kind whatsoever shall arise

between the Procuring Agency and the Supplier in
connection with or arising out of the Contract, including
without prejudice to the generality of foregoing, any
question regarding its existence, validity, termination
and the execution of the Contract– whether during
developing phase or after their completion and whether
before or after the termination, abandonment or breach
of the Contract – the parties shall seek to resolve any
such dispute or difference by mutual diligent
negotiations in good faith within 7 (seven) days
following a notice sent by one Party to the other Party in
this regard.

2. At future of negotiation the dispute shall be resolved

through mediation and mediator shall be appointed with
the mutual consent of the both parties.

3. At the event of failure of mediation to resolve the

dispute relating to this contract such dispute shall finally
be resolved through binding Arbitration by sole
arbitrator in accordance with Arbitration Act 1940. The
arbitrator shall be appointed by mutual consent of the
both parties. The Arbitration shall take place in [Insert
name of the city] and proceedings will be conducted in –
[Specify language] language.

4. The cost of the mediation and arbitration shall be shared

by the parties in equal proportion however the both
parties shall bear their own costs and lawyer’s fees
regarding their own participation in the mediation and
arbitration. However, the Arbitrator may make an award
of costs upon the conclusion of the arbitration making
any party to the dispute liable to pay the costs of another
party to the dispute.

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 5. Arbitration proceedings as mentioned in the above
clause regarding resolution of disputes may be
commenced prior to, during or after delivery of goods.

6. Notwithstanding any reference to the arbitration herein,

the parties shall continue to perform their respective
obligations under the Contract unless they otherwise
agree that the Procuring Agency shall pay the Supplier
any monies due to the Supplier.

Notices (GCC Clause 38)

22. 38.1 — Procuring Agency’s address for notice purposes:

—Supplier’s address for notice purposes:

Effectiveness of the Contract (GCC Clause 39)

23. 39.1 The Effective Date of the Contract is [insert: date of Contract
signing if EITHER: (i) the Therapeutic Goods have already been
registered at the time of Contracting signing OR (ii) registration of
the Therapeutic Goods is not a requirement under the Applicable
Law. Otherwise, delete and insert “NOT USED.”]
39.2 The time period shall be [insert: a number greater than 30]
days.
[If not used, delete and insert “NOT USED.”]

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SECTION IX: CONTRACT FORMS

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 Form of Contract

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

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

NOW THIS CONTRACT WITNESSETH AS FOLLOWS:

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

2. The following documents shall be deemed to form and be read and construed as
part of this Contract, In the event of any ambiguity or conflict between the
Contract Documents listed below, the order of precedence shall be the order in
which the Contract Documents are listed below:-

(h) This form of Contract;

(i) the Form of Bid and the Price Schedule submitted by the Bidder;
(j) the Schedule of Requirements;
(k) the Technical Specifications;
(l) the Special Conditions of Contract;
(m) the General Conditions of the Contract;
(n) the Procuring Agency’s Letter of Acceptance; and
(o) [add here: any other documents]

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

Supplier as hereinafter mentioned, the Supplier hereby covenants with the
Procuring Agency to provide the goods and related services and to remedy
defects therein in conformity in all respects with the provisions of the Contract.

4. The Procuring Agency hereby covenants to pay the Supplier in consideration of

the provision of the goods and related services and the remedying of defects
therein, the Contract Price or such other sum as may become payable under the
provisions of the contract at the times and in the manner prescribed by the
contract.

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

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Signed, sealed, delivered by __________________the ________________ (for the
Procuring Agency)

Witness to the signatures of the Procuring Agency:

………………………………………………
Signed, sealed, delivered by __________________the ________________ (for the
Procuring Agency)

Witness to the signatures of the Supplier: …………………………………………………

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 Performance Guarantee Form

To: [name of Procuring Agency]

WHEREAS [name of Supplier] (hereinafter called “the Supplier”) has undertaken, in

pursuance of Contract No. [reference number of the contract] dated [insert date] to
delivery [description of therapeutic goods and services] (hereinafter called “the
Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier
shall furnish you with a Bank Guarantee by a reputable bank for the sum specified
therein as security for compliance with the Supplier’s performance obligations in
accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a guarantee:

THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on

behalf of the Supplier, up to a total of [amount of the guarantee in words and figures],
and we undertake to pay you, upon your first written demand declaring the Supplier
to be in default under the Contract and without cavil or argument, any sum or sums
within the limits of [amount of guarantee] as aforesaid, without your needing to prove
or to show grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the: [insert date]

Signature and seal of the Guarantors

_____________________________________________________________________
[name of bank or financial institution]

_____________________________________________________________________
[address]

_____________________________________________________________________
[date]

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 Integrity Pact

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC. PAYABLE BY

THE SUPPLIERS OF GOODS, SERVICES & WORKS IN CONTRACTS WORTH
RS.10.00 MILLION OR MORE

Contract Number: __________________ Dated: _______________

Contract Value: ____________________
Contract Title: _____________________

[Name of Supplier] hereby declares that it has not obtained or induced the
procurement of any contract, right, interest, privilege or other obligation or benefit from
Government of Pakistan or any administrative subdivision or agency thereof or any
other entity owned or controlled by it (GoP) through any corrupt business practice.

Without limiting the generality of the foregoing [Name of Supplier] represents

and warrants that it has fully declared the brokerage, commission, fee 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 consultations 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, representative or warranty.

[Name of Supplier] accepts full responsibility and strict liability for making and
false declaration, not making full disclosure, misrepresenting fact 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 right and remedies available
to GoP under any law, contract or other instrument, be voidable at the option of GoP.

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 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.

__________________ __________________
[Buyer] [Seller/Supplier]

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