Ab Tenders
Ab Tenders
Ab Tenders
Bid No.ENG/P&D/B-165
For
Date: 30-10-2024
1. The Pakistan Broadcasting Corporation now invites electronic bids from eligible bidders registered
with income tax , sale tax department & PEC(C4 or above) for Civil/Renovation work of the PBC
Broadcasting House Peshawar building under the PSDP Project “Rehabilitation of PBC Peshawar
Building”
2. E-Bidding documents as per regulation containing detail terms and conditions, BOQ and
requirements etc. are available for registered bidders on E-PAD at (www.eprocure.gov.pk)
3. The bidding shall be conducted in line with the Single Stage two Envelope procedure prescribed
under Public Procurement Rules 2004, e-Pak Procurement Regulations, 2023 and any
Regulations, Regulatory Guides, Procurement Guidelines or Instructions issued by the
Authority (from time to time), and is open to all potential bidders registered in the EPADS.
4. All bids must be accompanied by a Bid Security in an acceptable form, @2% of the quoted bid.
5. The electronic bids prepared in accordance with the instructions prescribed in the electronic
bidding documents must be submitted through EPADS on or before 15.11.2024 at 11:00
AM.Manual bids, shall not be accepted. Electronic bids will be opened by using EPADS on the
same day at 11:30AM
6. Tender fees amounting to Rs.3, 000/-(Non-refundable) must be submitted in the favor of the
Controller (P&D), PBC Headquarters Islamabad on or before the bid closing date.
Muhammad Asghar,
Deputy Controller (P&D),
Ph: 051-9216942
Email:[email protected]
(1)
SECTION II: INSTRUCTION TO BIDDERS (ITBs)
A. INTRODUCTION
1. Scope of Bid 1.1 The Procuring agency/Employer (PA), as indicated in the Bid Data
Sheet (BDS) invites Bids for the execution of Works as specified in
the BDS and Section V- Works Requirements.
(3)
4. Eligible 4.1 All materials and equipment mobilized under the contract must
Material and originate from eligible source countries, and all expenditures will be
Equipment limited to such materials and equipment. Ineligible countries are listed
in Section IV, titled "Eligible Countries."
4.2 For purposes of this Clause, “origin” means the place where the
material, equipment is 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 services are/to be supplied.
4.3 The nationality of the bidder shall not determine the origin of the
material and equipment.
4.4 To establish the eligibility of the material and equipment, Bidders
shall fill the country-of-origin declarations included in the Form of
Bid.
5. One Bid per 5.1 A bidder shall submit only one bid, in the same bidding process,
Bidder 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.
6. Cost of Bidding 6.1 The Bidder shall bear all costs associated with the preparation and
submission of its bid, and the Procuring agency/Employer shall in no
case be responsible or liable for those costs, regardless of the conduct
or outcome of the bidding process.
B. BIDDING DOCUMENTS
7. Contents of 7.1 The scope of Works, bidding procedures, and terms and
Bidding conditions of the contract are prescribed in the bidding documents. In
Documents addition to the Invitation for Bids, the bidding documents which
should be read in conjunction with any addenda issued in accordance
with ITB 9.2 include:
1. Invitation for Bids
2. Instructions to Bidders (ITBs)
3. Bid Data Sheet (BDS)
4. Eligible Countries
5. Standard Bidding Forms
6. General Conditions of Contract (GCC)
7. Special Conditions of Contract (SCC)
8. Contract Forms
9. PEC Certificate (C4 or above)
10. Never Blacklisting Affidavit from any Government/Private
Organization of Pakistan.
11. Beneficial owner certificate
12. Bid Security
13. Bill of Quantities.
7.2 The number of copies to be completed and submitted with the Bid is
(4)
specified in the BDS.
7.3 The Procuring agency is not responsible for incomplete bidding
documents or addenda if they weren’t obtained directly from the
agency's official sources. However, both the PDF and editable
versions will be available on the agency’s website and the Authority’s
website or e-Procurement System for bidders to use.
7.4 The bidder is expected to examine all instructions, forms,
specifications, terms and conditions prescribed 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.
8. Clarification of 8.1 A prospective bidder seeking clarification of the bidding document
Bidding can contact the Procuring agency in writing or electronically, keeping
Document, a record of the communication, at the address given in the BDS.
Pre-bid
Meeting
8.2 The Procuring agency/Employer 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 24.1. However, this
clause shall not apply in case of alternate methods of procurement.
8.3 The Procuring agency will send its response to all prospective bidders
through a specified communication channel, including the inquiry
details but without identifying who asked it. If the bidding documents
were downloaded from the agency’s website or e-Procurement
System, the responses will also be posted on the same platform.
8.4 Should the Procuring agency/Employer deem it necessary to amend
the bidding documents as a result of a clarification, it shall do so
following the procedure as prescribed under ITB 09.
8.5 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.
8.6 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/Employer exclusively through the use of an
Addendum pursuant to ITB 9. Non-attendance at the pre-bid meeting
will not be a cause for disqualification of a bidder.
8.7 The bidder is advised to visit and examine the Site of Works and its
surroundings and obtain for itself on its own responsibility all
(5)
information that may be necessary for preparing the bid and entering
into a contract for construction of the Works. The costs of visiting the
Site shall be at the bidder’s own expense.
8.8 The bidder and its authorized personnel will be allowed to visit the
site with the condition that they release the Procuring agency from any
liability. The bidder will be responsible for any injury, death, property
damage, or other losses and costs resulting from the inspection.
9. Amendment of 9.1 Before the deadline for submission of bids, the Procuring
Bidding agency/Employer for any reason, whether at its own initiative or in
Documents response to a clarification requested by a prospective bidder or pre-bid
meeting may modify the bidding documents by issuing addenda.
9.2 Any addendum issued including the notice of any extension of the
deadline shall be part of the bidding documents pursuant to ITB 7.1
and shall be communicated in a timely manner and on equal
opportunity basis. Where notification of such change, addition,
modification or deletion becomes essential, such notification shall be
made in a manner similar to the original advertisement.
(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.)
9.3 To give prospective bidders reasonable time in which to take an
addendum/corrigendum into account in preparing their bids, the
Procuring agency/Employer may, at its discretion, extend the deadline
for the submission of bids:
Provided that the Procuring agency/Employer shall extend the
deadline for submission of bid, if such an addendum is issued within
last three (03) days of the bid submission deadline.
(6)
C. PREPARATION OF BIDS
10. Language of 10.1 The bid and all related correspondence between the bidder and
Bid the Procuring agency must be in English, unless otherwise
specified in the BDS. Supporting documents in another
language must include an accurate English translation, and in
case of any interpretation issues, the English translation will
take precedence unless specified in the BDS
11. Documents 11.1 The bid prepared by the bidder shall constitute the following
Establishing components: -
Eligibility of a) Documentary evidence established in accordance with
Material, ITB 11 that the material, equipment and services to be
Equipment and
Works, their provided by the Bidder are eligible material, equipment
Conformity to and services, and conform to the Bidding Documents;
Bidding b) Documentary evidence established in accordance with
Documents ITB 12 that the bidder has been authorized to carry out the
Construction works;
c) Documentary evidence established in accordance with
ITB 12 that the bidder is eligible and/or qualified for the
subject bidding process;
d) Form of Bid and Bid Prices completed in accordance with
ITB 14 and 15;
e) Completed schedules as required, including priced Bill of
Quantities in accordance with ITB 13 & 15.
f) Technical Proposal completed in all aspects in accordance
with ITB-17.
g) Bid security or Bid Securing Declaration furnished in
accordance with ITB 19;
h) Alternative bids, if permisible, in accordance with ITB 20;
i) Duly Notarized Power of Attorney authorizing the
signatory of the Bidder to submit the bid; and
j) Any other document required in the BDS.
11.2 Along with the other requirements, bids from a Joint Venture
(JV) must include a copy of the Joint Venture Agreement
signed by all members. Alternatively, if the JV does not have an
agreement yet, they can submit a letter of intent to form one if
they win the bid, along with a copy of the proposed agreement.
11.3 The bidder shall furnish, as part of its bid, all those documents
establishing the eligibility in conformity to the terms and
conditions specified in the bidding documents for all material,
equipment and works which the bidder proposes to execute.
11.4 The documentary evidence of conformity of the material,
equipment and works to the Bidding Documents may be in the
(7)
form of literature, drawings, and data, and shall consist of:
a) a detailed description of the work methodology, approach,
schedule and resources to be mobilized at site;
b) an item-by-item commentary on the Procuring
agency/Employer’s Technical Specifications
demonstrating substantial responsiveness of the material,
equipment and works 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.
11.5 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.
12. Documents 12.1 The bidder shall furnish, as part of its bid, all those documents
Establishing establishing the bidder’s eligibility to participate in the bidding
Eligibility and process and/or its qualification to perform the contract if its bid
Qualification is accepted.
of the Bidder
12.2 The documentary evidence of the bidder’s eligibility to bid shall
establish to the satisfaction of the Procuring agency/Employer
that the bidder, at the time of submission of its bid, is from an
eligible country as defined in Section-IV titled as “Eligible
Countries”.
12.3 The documentary evidence of the bidder’s qualification to
perform the contract if its bid is accepted shall establish to the
satisfaction of Procuring agency/Employer that:
a) The bidder has the financial and technical capability
necessary to perform the Contract, meets the qualification
criteria specified in Section-V, Evaluation and Qualification
Criteria and BDS.
b) In the case of a bidder not doing business within Pakistan,
the bidder is or will be (if awarded the contract) represented
by a local bidder (Joint Venture) in accordance with the
PEC works bylaws, and in case of award of works such
foreign firm is required to participate in the execution of
works to carry out its obligations as prescribed in the
Conditions of Contract and /or Technical Specifications.
c) That the bidder meets the qualification criteria listed in
Section-V, Evaluation and Qualification Criteria and BDS.
13. Letter of Bid 13.1 The Letter of Bid (Technical or Financial as the case may be)
and Schedules and Schedules, including the Bill of Quantities, shall be
prepared using the relevant forms furnished in Standard Bid
Forms. The forms must be completed without any alterations to
the text, and no substitutes shall be accepted except as provided
under ITB 22. All blank spaces shall be filled in with the
information requested.
(8)
14. Letter of Bid 14.1 The bidder shall fill the Letter of Bid (Technical or Financial as
the case may be) furnished in the bidding documents. The
Standard Bid Forms must be completed without any alterations
to its format and no substitute shall be accepted.
15. Bid Prices 15.1 The bid prices quoted by the bidder in the Standard bid Forms,
Bill of Quantities and in the Price Schedules shall conform to
the requirements specified below or exclusively mentioned
hereafter in the bidding documents.
15.2 The bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. If a Price Schedule
shows items listed but not priced, their prices shall be construed
to be included in the prices of other items in the Bill of
Quantities and will not be paid for separately by the Procuring
agency/Employer.
15.3 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/Employer may fix the price of missing
items in accordance with market survey, and the same shall be
considered as final price.
15.4 The Bid price to be quoted in the Form of Bid in accordance
with ITB 15.1 shall be the total price of the bid.
15.5 Unless otherwise specified in the BDS and the Contract, the
rates and prices quoted by the bidder are subject to adjustment
during the performance of the Contract in accordance with the
provisions of the Conditions of Contract.
15.6 If so specified in ITB 1.1, bids may be invited for individual
lots (contracts) or for any combination of lots (packages).
15.7 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
30, unless otherwise price adjustment is permissible under
Conditions of the Contract.
15.8 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date
twenty-eight (28) days prior to the deadline for submission of
bids, shall be included in the rates and prices and the total bid
(9)
price submitted by the bidder.
16. Currencies of 16.1 The currency(ies) of the bid and the currency(ies) of
Bid and payments shall be as specified in the BDS.
Payment
16.2 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.
16.3 Bidders shall indicate details of their expected foreign currency
requirements in the Bid, if prescribed in the BDS.
16.4 Bidders may be required by the Procuring agency/Employer to
clarify their foreign currency requirements, if prescribed in the
BDS and to substantiate that the amounts included in Lump
Sum and in the SCC are reasonable and responsive to ITB 16.1.
17. Documents 17.1 The bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule and
Technical any other information as stipulated in Section IV – Standard
Proposal Bid Forms, in sufficient detail to demonstrate the adequacy of
the bidder’s proposal to meet the work requirements and the
completion time.
18. Bid Validity 18.1 Bids shall remain valid for the period specified in the BDS after
Period the bid submission deadline prescribed by the Procuring
agency/Employer. A bid valid for a shorter period shall be
rejected by the Procuring agency/Employer 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/Employer 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 extended 28 days
beyond the deadline of extended bid validity period. A bidder
may refuse the request for the extension of his bid without
forfeiting his bid security or causing to be executed his 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.
(10)
19. Bid Security or 19.1 According to ITB 11.1, unless stated otherwise in the BDS, the
Bid Securing bidder must include a Bid Security with their bid. This security
Declaration should be a fixed amount not exceeding five percent of the
estimated value of the procurement or works set by the
Procuring agency. The amount and currency will be specified in
the BDS or Bid Securing Declaration, using the format
provided in Section VI (Standard Bidding Forms).
19.2 The Bid Security is needed to protect the Procuring agency
from the risk of the bidder's actions before the contract is
awarded to the most advantageous bidder, which could lead to
forfeiting the security, as outlined in ITB 19.9.
19.3 The Bid Security must be in the local currency and provided in
the form of a Cash Deposit Receipt (CDR) or Bank Draft.
19.4 The Bid Security must follow the format provided in Section VI
(Standard Bidding Forms) or another form approved by the
Procuring agency before the bid submission.
19.5 The Bid Security shall be payable promptly upon written
demand by the Procuring agency/Employer in case any of the
conditions listed in ITB 19.9 are invoked.
19.6 Any bid not accompanied by a Bid Security in accordance with
ITB 19.1 or 19.3 shall be rejected by the Procuring
agency/Employer and shall be declared as non-responsive bid,
pursuant to ITB 30.
19.7 The Bid Security of unsuccessful bidders will be returned as
quickly as possible, but no later than thirty (30) days after the
bid validity period ends, as specified by the Procuring agency.
The agency will not claim any amount from the Bid Security
and will return the security document promptly after one of the
following events occurs::
(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/Employer 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 47, or
furnishing the performance security (or guarantee), pursuant to
ITB 48.
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
(11)
specified by the Procuring agency/Employer, 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
32; or
b) In the case of a successful bidder, if the bidder fails:
i) to sign the contract in accordance with ITB 47; or
ii) to furnish performance security (or guarantee) in
accordance with ITB 48.
19.10 If the Procuring agency allows a Bid Security issued by a
foreign bank, it must be counter-guaranteed by a corresponding
bank in Pakistan. Additionally, for a joint venture, the Bid
Security should be in the name of the joint venture to ensure
joint responsibility.
20. Alternative 20.1 Bidders must submit offers that meet the requirements of the
Bids by bidding documents, including the basic technical design
Bidders outlined in the specifications and Bill of Quantities.
Alternatives will only be considered if specifically permitted in
the BDS. If alternatives are allowed, ITB 20 will apply
20.2 When alternative schedule for execution of works is explicitly
invited, a statement of that effect will be included in the BDS
as will the method for evaluating different schedule for
execution of works.
20.3 If permitted in the BDS, bidders wishing to offer technical
alternatives must also submit a compliant bid that meets the
requirements outlined in the bidding documents, including the
basic technical design. Along with the main bid, bidders should
provide all necessary information for the Procuring agency to
evaluate the alternative, including technical specifications,
price breakdowns, and other relevant details. Only the
technical alternatives of the Most Advantageous Bidder that
conform to the basic requirements (without changing the bid
price) will be considered by the Procuring agency.
21. Withdrawal of 21.1 Before bid submission deadline, any bidder may withdraw,
Bids substitute, or modify its bid after it has been submitted by
sending a written notice, duly signed by an authorized
representative, and the corresponding must accompany the
respective written notice.
21.2 Bids requested to be withdrawn in accordance with ITB 21.1
shall be returned unopened to the bidders.
D. SUBMISSION OF BIDS
22. Format and 22.1 The Bidder shall prepare an original and the number of copies
Signing of Bid 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:
22.2 The original and copies of the bid must be typed or written in
indelible ink and signed by the bidder or an authorized
(12)
representative. This authorization should be a written
confirmation as specified in the BDS and attached to the bid.
The name and position of each person signing must be typed or
printed below their signature. All pages of the bid, except for un
amended printed literature, must be initialed by the signer(s).
22.3 Any interlineations, erasures, or overwriting shall be valid only
if they are signed by the person(s) authorized for signing the
Bid.
23. Sealing and 23.1 In case of Single Stage Two Envelope Procedure, The Bid
Marking of shall comprise two envelopes submitted simultaneously, one
Bids called the Technical Proposal and the other Financial Proposal.
Both envelopes to be enclosed together in an outer single
envelope called the Bid. Each Bidder shall submit his bid as
under:
a) Bidder shall submit his TECHNICAL PROPOSAL
and FINANCIAL PROPOSAL in separate inner
envelopes and enclosed in a single outer envelope.
b) ORIGINAL and each copy of the Bid shall be
separately sealed and put in separate envelopes and
marked as such.
c) The envelopes containing the ORIGINAL and copies
will be put in one sealed envelope and addressed /
identified as given in ITB 23.2.
23.2 The inner and outer envelopes shall:
a) be addressed to the Procuring agency/Employer at the
address provided in the BDS;
b) bear the name and identification number of the contract
as defined in the BDS; and provide a warning not to
open before the time and date for bid opening, as
specified in the BDS pursuant to ITB 24.1.
c) In addition to the identification required in ITB 23
hereof, the inner envelope shall indicate the name and
address of the bidder to enable the bid to be returned
unopened in case it is declared “late” pursuant to ITB
25.
23.3 If the envelopes are not sealed and marked as required by ITB
23.1 or ITB 23.2, or if they are marked incorrectly, the
Procuring agency will not be responsible for any misplacement
or premature opening of the bid
24. Deadline for 24.1 Bids shall be received to the Procuring agency/Employer no
Submission of later than the date and time specified in the BDS.
Bids
24.2 The Procuring agency/Employer may, under exceptional
circumstances and at its discretion, extend the deadline for the
submission of bids by amending the Bidding Documents in
accordance with ITB 9, in which case all rights and obligations
of the Procuring agency/Employer and bidders previously
subject to the deadline will thereafter be subject to the new
(13)
deadline.
25. Late Bids 25.1 The Procuring agency/Employer shall not consider for
evaluation of 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/Employer after the
deadline for submission of bids shall be declared late, recorded,
rejected and returned unopened to the bidder.
26. Substitution 26.1 A bidder may substitute or modify his bid after it has been
and submitted, provided that written notice of the substitution or
Modification modification of the bid, is received by the Procuring
of bids agency/Employer prior to the deadline for submission of bids.
26.2 Revised bid may be submitted after the substitution or
modification made in the original bid in accordance with the
provisions referred in ITB 22.
E. OPENING AND EVALUATION OF BIDS
27. Opening of Bids 27.1 The Procuring agency will publicly open all bids in the
presence of bidders or their representatives who wish to attend,
as well as other interested parties, at the location, date, and
time specified in the BDS. Representatives from the bidders
must sign an attendance sheet to confirm their presence.
27.2 First, envelopes marked “WITHDRAWAL” will be opened
and read aloud, and the corresponding bid envelope will not be
opened but returned to the bidder. No withdrawal of a bid will
be allowed unless the withdrawal notice includes valid
authorization to request the withdrawal and is read during the
bid opening.
27.3 Second, outer envelopes marked “SUBSTITUTION” will be
opened. The inner envelopes containing the Substitution Bid
will replace the corresponding Original Bid, which will be
returned to the bidder unopened. No substitution will be
allowed unless the Substitution Notice includes valid
authorization to request the substitution and is read aloud and
recorded during the bid opening.
27.4 Next, outer envelopes marked “MODIFICATION” will be
opened. No Technical or Financial Proposal can be modified
unless the corresponding Modification Notice includes valid
authorization and is read aloud and recorded during the bid
opening. Any modifications will be read along with the
Original Bid, except in the Single Stage Two Envelope
Procedure, where only the Technical Proposals (both Original
and Modification) will be opened, read, and recorded. The
Financial Proposals (both Original and Modification) will
remain unopened until the designated 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’
(14)
names, the bid prices, the total amount of each bid and of any
alternative bid (if alternatives have been requested or
permitted), the presence or absence of Bid Security, Bid
Securing Declaration and such other details as the Procuring
agency/Employer may consider appropriate, will be announced
by the Procurement Evaluation Committee.
27.6 In case of Single Stage Two Envelope Procedure, the
Procuring agency/Employer 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/Employer
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/Employer may
consider appropriate.
27.8 Bids not opened and not read out at the bid opening shall not
be considered further for evaluation, irrespective of the
circumstances.
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/Employer 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/Employer 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 and the presence or absence of a Bid Security
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 announcement of technical evaluation report, the Procuring
(15)
agency/Employer, shall at a time within the bid validity period,
publicly open the financial proposals of the technically
responsive bidder only. The financial proposal of bidders
found technically non-responsive shall be returned un-opened
to the respective bidders after seven days of the announcement
of technical evaluation report, except those aggrieved bidder(s)
whose complaints are pending before the Grievance Redressed
Committee.
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 evaluation report.
28.2 Any effort by a bidder to influence the Procuring
agency/Employer 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/Employer 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 of
Bids bids, the Procuring agency/Employer may, ask any bidder for a
clarification of its bid including breakdown of prices invariably
in writing. Any clarification submitted by a bidder that is not in
response to a request by the Procuring agency/Employer 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. No change in the prices or substance of the
bid shall be sought, offered, or permitted, except clarification
for the correction of arithmetic errors discovered by the
Procuring agency/Employer during the evaluation of bids
which shall be sought in accordance with ITB 32.
29.3 The alteration or modification in the bid which in any case
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;
c) contract price;
d) all securities requirements;
e) tax requirements;
f) terms and conditions of bidding documents.
g) 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/Employer
on any matter related to the bid it should do so in writing or in
(16)
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/Employer will determine whether each bid:
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/Employer 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.
(18)
32. Correction of 32.1 Bids determined to be substantially responsive will be checked
Arithmetic for any arithmetic errors. Errors will be corrected as follows: -
Errors
a) if there is a discrepancy between unit prices and the
sub-total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail, and the
sub-total price shall be corrected, unless in the
opinion of the Procuring agency/Employer 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;
(19)
33. Conversion to 33.1 The unit rates and the prices shall be quoted by the bidder
Single Currency entirely in Pak rupees. A bidder expecting to incur
expenditures in other currencies for inputs to the Works from
outside the Procuring agency/Employer’s country (referred to
as the “Foreign Currency Requirements”) shall indicate the
same in the letter of bid-financial proposal. The proportion of
the Bid Price (excluding Provisional Sums) needed by him for
the payment of such Foreign Currency Requirements either (i)
entirely in the currency of the Bidder’s home country or, (ii)
at the bidder’s option, entirely in Pak rupees provided always
that a bidder expecting to incur expenditures in a currency or
currencies other than those stated in (i) and (ii) above for a
portion of the foreign currency requirements, and wishing to
be paid accordingly, shall indicate the respective portions in
his bid.
33.2 To facilitate evaluation and comparison, the Procuring
agency/Employer will convert all bid prices expressed in the
amounts in various currencies in which the bid prices 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.
33.3 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/Employer shall evaluate and compare
Bids only the bids determined to be substantially responsive,
pursuant to ITB 30.
34.2 In evaluating the Technical Proposal of each Bid, the
Procuring agency/Employer shall use the criteria and
methodologies listed in the BDS and in terms of works
requirement. No other evaluation criteria or methodologies
shall be permitted.
34.3 The Procuring agency/Employer’s evaluation of a bid will
take into account:
a) the bid price, excluding provisional sums and the
provision, if any, for contingencies in the summary bill
of quantities, but including day work items, where
priced competitively;
b) price adjustment for correction of arithmetic errors in
accordance with ITB 32.1;
c) converting the amount resulting from applying (a) and
(b) above, if relevant, to a single currency in
accordance with ITB 33;
(20)
34.4 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution
of the Contract, shall not be taken into account in bid
evaluation.
34.5 If these bidding documents allow bidders to quote separate
prices for different lots, and the award to a single bidder of
multiple lots, the methodology of evaluation to determine the
lowest evaluated lot combinations in the Form of Bid, is
specified in the BDS.
34.6 If the bid, which results in the Evaluated Bid Price (Most
Advantageous Bid), is seriously unbalanced or front loaded in
the opinion of the Employer, the Employer may require the
Bidder to produce detailed price analyses for any or all items
of the Bill of Quantities, to demonstrate the internal
consistency of those prices with the construction methods and
schedule proposed. After evaluation of the price analyses,
taking into consideration the schedule of estimated Contract
payments, the Employer may require that the amount of the
performance security be increased at the expense of the
Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder
under the Contract.
Explanation:
“Unbalanced” or “front-loaded” bids consist of deliberately
submitting bids with artificially high prices or unit rates for
the early stages of a construction project, offset by artificially
low prices or unit rates for the later stages of the project, to
improve the contractor’s cash flow.
(21)
35. Domestic 35.1 If the BDS so specifies, the Procuring agency/Employer will
Preference grant a margin of preference to the domestic contractor in line
with the rules, regulations, regulatory guides or instructions
issued by the Authority from time to time.
36. Determination of 36.1 The Procuring agency/Employer shall compare the evaluated
Most bids in accordance with the predefined bidding procedure, of
Advantageous all substantially responsive bids to determine the Most
Bid Advantageous bidder.
38. Sub-Contractors 38.1 The bidder shall provide details regarding any specialized sub-
contractor to the Procuring agency/Employer. In case change
of sub-contractors, the bidder shall promptly notify the
Procuring agency/Employer and obtain approval for
replacement of sub-contractors.
38.2 Bidders may propose sub-contracting up to the percentage of
total value of contracts or the volume of works as specified in
the BDS.
(22)
39. Abnormally Low 39.1 Where the bid price is considered to be abnormally low, the
Financial Bid Procuring agency/Employer shall perform price analysis
either during determination of Most Advantageous Bid or as a
part of the post-qualification process. The following process
shall apply:
a) The Procuring agency/Employer may reject a bid if the
Procuring agency/Employer 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 or ancillary services) 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/Employer shall request the bidder an
explanation of the bid or of those sections 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/Employer 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/Employer shall not incur any
liability solely by rejecting abnormally bid; and
e) An abnormally low bid means, in the light of the
Procuring agency/Employer’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.
(23)
and technical capabilities. It will be based upon an
examination of the documentary evidence of the bidder’s
qualifications submitted by the bidder, pursuant to ITB 12, as
well as such other information as the Procuring
agency/Employer deems necessary and appropriate. Factors
not included in these bidding documents shall not be used in
the evaluation of the bidders’ qualifications.
39.4 Procuring agency/Employer may seek “Certificate for
Independent Price Determination” from the bidder and the
results of reference checks may be used in determining award
of contract.
(25)
43. Variations 43.1 The Engineer shall make any variation in the quantity of the
Works or any part thereof that may, in his opinion, be
necessary and for that purpose, or if for any other reason it
shall, in his opinion, be appropriate, he shall have the authority
to instruct the Contractor to do and the Contractor shall do any
of the following:
a) increase or decrease the quantity of any work included in
the Contract,
b) omit any such work (but not if the omitted work is to be
carried out by the Employer or by another contractor),
c) change the character or quality or kind of any such work,
d) change the levels, lines, position and dimensions of any
part of the Works,
e) execute additional work of any kind necessary for the
completion of the Works, or
f) change any specified sequence or timing of construction of
any part of the Works.
No such variation shall in any way vitiate or invalidate the
Contract, but the effect, if any, of all such variations shall be
valued in accordance with ITB 15. Provided that where the
issue of an instruction to vary the Works is necessitated by
some default of or breach of contract by the Contractor or for
which he is responsible, any additional cost attributable to such
default shall be borne by the Contractor.
44. Instructions 44.1 The Contractor shall not make any such variation without an
for variations instruction of the Engineer. Provided that no instruction shall
be required for increase or decrease in the quantity of any work
where such increase or decrease is not the result of an
instruction given under this Clause, but is the result of the
quantities exceeding or being less than those stated in the Bill
of Quantities.
45. Valuation of 45.1 All variations and any additions to the Contract Price which are
Variations required to be determined in accordance with ITB 15 (for the
purposes of this Clause referred to as "varied work"), shall be
valued at the rates and prices set out in the Contract if, in the
opinion of the Engineer, the same shall be applicable. If the
Contract does not contain any rates or prices applicable to the
varied work, the rates and prices in the Contract shall be used
as the basis for valuation so far as may be reasonable, failing
which, after due consultation by the Engineer with the
Procuring agency/Employer and the Contractor, suitable rates
or prices shall be agreed upon between the Engineer and the
Contractor. In the event of disagreement, the Engineer shall fix
such rates or prices as are, in his opinion, appropriate and shall
notify the Contractor accordingly, with a copy to the
Employer. Until such time as rates or prices are agreed or
fixed, the Engineer shall determine provisional rates or prices
(26)
to enable on-account payments to be included in certificates
issued in accordance with ITB 15.
46. Notification of 46.1 Prior to the award of contract, the Procuring agency/Employer
Award shall issue a Final Evaluation Report giving justification for
acceptance or rejection of the bids.
46.2 Where no complaints have been lodged, the bidder whose bid
has been accepted will be notified of the award by the
Procuring agency/Employer prior to expiration of the bid
validity period in writing or through electronic means that
provide record of the content of communication. However, the
Procuring agency/Employer shall not award any procurement
contract at least for fifteen (15) days after the acceptance of
bid. The notification letter (herein after and in the condition of
the contract and contract form called “Letter of Acceptance”
will specify the sum that the Procuring agency/Employer will
pay the successful bidder in consideration for the execution
and completion of the works as prescribed by the Contract
(hereinafter and in the Contract called the "Contract Price).
46.3 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 48 and signing
of the contract in accordance with ITB 47.
46.4 Upon the successful bidder’s furnishing of the performance
security (or guarantee) pursuant to ITB 48, the Procuring
agency/Employer 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 bidder(s) pursuant to ITB 19.
47. Signing of 47.1 Promptly after notification of award, Procuring
Contract agency/Employer shall send the successful bidder the draft
agreement, incorporating all terms and conditions as agreed by
the parties to the contract.
47.2 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/Employer shall sign the contract.
47.3 Where no formal signing of a contract is required, work order
issued to the bidder shall be construed to be the contract.
(27)
48. Performance 48.1 After receiving the Letter of Acceptance, the successful bidder
Security (or must provide the Procuring agency with a Performance
Guarantee) Guarantee within the specified timeframe. This guarantee must
be in the amount and form specified in the BDS and SCC,
using the currencies indicated in the Letter of Acceptance and
in accordance with the Conditions of Contract..
48.2 Performance Guarantee provided by the successful bidder and it
shall be in the form of CDR/Pay Order
48.3 Failure of the Most Advantageous Bidder to comply with the
requirement of ITB 47 shall constitute sufficient grounds for
the annulment of the award and forfeiture of the Bid Security or
declare blacklisted (in case bid securing declaration is
submitted) in which event the Procuring agency/Employer may
make the award to the next most advantageous bidder or
reinitiate the procurement process afresh (as a case may be).
49. Advance 49.1 Advance payment will be provided to the bidder in percentage
Payment and in the manner as agreed by the both parties in terms of
Conditions of the Contract.
49.2 The Procuring agency/Employer will provide an advance
payment as stipulated in the Conditions of Contract, subject to a
maximum amount, as stated and/or Conditions of the Contract.
The advance payment request shall be accompanied by an
advance payment security (guarantee) in the form provided in
Section X. For the purpose of receiving the advance payment,
the bidder shall make and estimate of, and include in its bid, the
expenses that 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/Employer’s “Notice to Commence” as specified in the
SCC.
50. General 50.1 The Procuring agency/Employer reserves the right to obtain
Performance of information regarding performance of the bidders on their
the Bidders previously awarded contracts / works. The Procuring
agency/Employer may seek information / report from the
previous employer for consideration. However, the Procuring
agency/Employer shall incorporate such parameters in the
evaluation criteria and accordingly decide the fate of the bid
submitted.
51. Corrupt & 51.1 Procuring agencies (including beneficiaries of Government
Fraudulent funded projects and procurement) as well as
Practices 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.
(28)
F. GRIEVANCE REDRESSAL & COMPLAINT REVIEW MECHANISM
52. Constitution of 52.1 Procuring agency/Employer shall constitute a Grievance
Grievance Redressal Committee (GRC) comprising of odd number of
Redressal persons 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.
53. GRC 53.1 Any party can file its written complaint against the eligibility
Procedure parameters or any other terms and conditions prescribed in the
prequalification or bidding documents found contrary to
provision of Procurement Regulatory Framework, and the same
shall be addressed by the GRC well before the bid submission
deadline.
53.2 Any bidder feeling aggrieved by any act of the Procuring
agency/Employer 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.
53.3 In case, the complaint is filed against the technical evaluation
report, the GRC shall suspend the procurement proceedings.
53.4 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
envelope bidding procedure is adopted.
53.5 The GRC, in both the cases shall investigate and decide upon the
complaint within ten days of its receipt.
(29)
G. MECHANISM OF BLACKLISTING
54. Mechanism of 54.1 The Procuring agency/Employer 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;
i) Fails to perform his contractual obligations; and
ii) Fails to abide by the id securing declaration;
54.2 The show cause notice shall contain: (a) precise allegation,
against the bidder or contractor; (b) the maximum period for
which the Procuring agency/Employer proposes to debar the
bidder or contractor from participating in any public
procurement of the Procuring agency/Employer; and (c) the
statement, if needed, about the intention of the Procuring
agency/Employer to make a request to the Authority for
debarring the bidder or contractor from participating in public
procurements of all the procuring agencies.
54.3 The Procuring agency/Employer shall give minimum of seven
days to the bidder or contractor for submission of written reply
of the show cause notice.
54.4 In case, the bidder or contractor fails to submit written reply
within the requisite time, the Procuring agency/Employer may
issue notice for personal hearing to the bidder or contractor/
authorize representative of the bidder or contractor and the
Procuring agency/Employer shall decide the matter on the basis
of available record and personal hearing, if availed.
54.5 In case the bidder or contractor submits written reply of the
show cause notice, the Procuring agency/Employer may decide
to file the matter or direct issuance of a notice to the bidder or
contractor for personal hearing.
54.6 The Procuring agency/Employer shall give minimum of seven
days to the bidder or contractor for appearance before the
designated officer of the Procuring agency/Employer for
personal hearing. The designated officer shall decide the matter
on the basis of the available record and personal hearing of the
bidder or contractor, if availed.
(30)
54.7 The Procuring agency/Employer shall decide the matter within
fifteen (15) 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.
54.8 The Procuring agency/Employer 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 (30)
days, prefer a representation against the order before the
Authority.
54.9 Such blacklisting or barring action shall be communicated by
the Procuring agency/Employer 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/Employer.
54.10 The bidder may file the review petition before the Review
Petition Committee Authority within thirty (30) 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 (90) days of filing of review
petition.
54.11 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/Employer. 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.
54.12 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 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.
(31)
SECTION III: BID DATA SHEET
Bid Data Sheet (BDS)
The following specific data for the for the procurement of works 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.
B. Bidding Documents
4. 7.2 The number of copies to be completed and returned is
one original and 01 No copy
5. 8.1 The address for clarification of Bidding Documents is
Controller (P&D), PBC Headquarters G-5 Islamabad.
8.5 Pre-bid meeting will be held: PBC Headquarters, G-5
Islamabad, Time: 11:00 AM, Date:05.11.2024
C. Preparation of Bids
(32)
10. 18.1 The Bid Validity period shall be 90 days.
11. 19.1 Amount of Bid Security: @ 2% of the Quoted Amount
12. 19.3 The Bid Security shall be in the form of: CDR/Pay Order
in the favor of Controller(P&D), PBC Headquarters G-5
Islamabad
13. 20.1 Alternative Bids to the requirements of the Bidding
Documents will not be permitted
14. 20.2 If alternative scheduled for execution of work is explicitly
invited (please insert the method for evaluation of different
schedules for execution of works)
15. 22.1 The number of copies of the Bid to be completed and
returned shall be 01 Nos
16. 22.2 The written confirmation of authorization to sign on behalf
of the Bidder shall consist of:
D. Submission of Bids
a) Day: Friday
b) Date:15.11.2024
c) Time:1100 AM
19. 27.1 The Bid opening shall take place at: PBC
P&D,headquarters,Islamabad at 11.30 AM on 15.11.2024
(34)
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.
(35)
ANNEX-A
SPECIAL STIPULATIONS
8. Amount of Liquidated Damages The amount of the Liquidated Damages for each day of
delay in completion of the whole of the Works, shall be
a sum equal to 10 % of the amount stated in the letter of
acceptance of the Works divided by one-fourth of the
number of days specified as completion time
9 Defects Liability Period 01 Year from the effective date of Taking Over certificate.
(36)
Section V. Evaluation and Qualification Criteria
Technical Evaluation: All bids are first evaluated for their technical
qualifications as per below mentioned criteria and compliance with the
bidding document criteria. This includes assessing the capabilities, experience,
and technical aspects of each bid etc.
Financial Evaluation: After the technical evaluations are completed, only the
financial bids from firms that meet the technical criteria are considered. The
financial bid with the lowest cost is deemed the most favorable
Successful Bidder: The firm that meets all technical requirements and has the
lowest financial bid is declared the successful bidder and is awarded the
contract.
ANNEX-B
TECHNICAL EVALUTION CRITERIA
1. Experience
Sr. No. Description of Works Categor Total Points/ Documents Required
y Points marks
obtained
1.Experience
1.1 (a) Experience of participating bidder 25 -
for Civil/Renovation Work, if more
than 10 years
Copies of contracts or
1.1 (b) If more than more than 7 but less 15 -
work orders required to be
than or equal to 10 years
attached as proof
1.1 (c) If more than 5 but less than or equal 10
to
7 years
Sub Total 25
2.Timely
Completion
2.1 (a) Participating bidder/firm has not 20
delayed the execution of work and
no LD (Liquidated Damages) Copies of contracts or
charges deducted in more than 3 workorders required
consecutive
Contracts.
2.1 (b) If more than 2 but less than or equal 15
to 3
2.1 (c) If more than 1 but less than or equal 10
to 2
Sub 20
Total
3. Financial Capability
3.1 (a) Participating bidder/ Firm’s annual 25
turnover, if greater than 90 million
Equipment
The Bidder must demonstrate that it has access to the key equipment listed hereafter:
[Specify requirements for each lot as applicable]
Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
4
5
The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section V.
Scope of Works
(41)
BILL OF QUANTITIES
1. The Bill of Quantities shall be read in conjunction with the clauses of bidding
documents, Conditions of Contract, Specifications and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work executed and measured by the Contractor and verified by the PBC
Engineer/Employer and valued at the rates and prices entered in the priced Bill of
Quantities, where applicable, and otherwise at such rates and prices as the PBC
Engineer/employer may fix as per the Contract.
3. The rates and prices entered in the priced Bill of Quantities shall, include all costs of
Contractor’s plant, labor, supervision, materials, execution, insurance, profit, taxes and
duties, together with all general risks, liabilities and obligations set out or implied in the
Contract. Furthermore, all duties, taxes and other levies payable by the Contractor under
the Contract shall be included in the rates and prices and the total Bid Price submitted by
the Bidder.
4. A rate or price shall be entered against each item in the priced Bill of Quantities,
whether quantities are stated or not. The cost of items against which the Contractor will
have failed to enter a rate or price shall be deemed to be covered by other rates and
prices entered in the Bill of Quantities.
5. The whole cost of complying with the provisions of the Contract shall be included in the
items provided in the priced Bill of Quantities, and where no items are provided, the
cost shall be deemed to be distributed among the rates and prices entered for the related
items of the Works.
6. General directions and description of work and materials are not necessarily repeated
nor summarized in the Bill of Quantities. References to the relevant sections of the
Bidding Documents shall be made before entering prices against each item in the priced
Bill of Quantities.
7. Before procuring and installing materials listed in the Bill of Quantities (BOQ), the
contractor or supplier must submit samples to the Project Engineer/Committee for
approval. Each sample must be labeled and accompanied by relevant documentation.
The Project Engineer/Committee will review and either approve or reject the samples in
writing. Only approved items can be procured and installed. If a sample is rejected, the
contractor must resubmit an alternative for approval without causing delays or
additional costs. Any unapproved items will not be accepted, and the contractor will be
responsible for their removal and replacement at no extra cost. The contractor must
ensure that all purchased materials match the approved samples, with regular inspections
conducted to verify compliance.
(42)
Estimated Unit Rate Per Amount
S.No Quantity For Unit (Rs.)
Description of Item Rate (Rs.)
1 Civil Works
1.1 Dismantling glazed or acoustics tiles etc. 477.23 Sft
including disposing of surplus material as
directed within three chains (91.5 m).
(Ground Floor)
1.2 Dismantling Plain Cement Concrete 1:2:4 2997.1 Cft
including disposing of surplus material as
directed within three chains (91.5 m).
(GF,F1, 2nd ,3rd & 4th )
1.3 Dismantling glazed or acoustics tiles etc 2061 Sft
(Skirting) including disposing of surplus
material as directed within three chains
(91.5 m).
(F1, 2nd ,3rd & 4th )
1.4 Internal Plaster 1/2" (13 mm) thick 42122 Sft
cement plaster 1:4 on walls and columns
etc. in basement, plinth, mezzanine and
including making edges, corners, and
curing etc., complete
(GF, F1, 2nd ,3rd & 4th )
(44)
surface preparation, filling and rubbing
etc,complete in all respect upto any height
at any floor.( GF ,F1,2,3,4)
1.22 Prepare & Paint new surface, doors & 4270 Sft
windows Priming coat
1.23 Prepare & Paint new surface, doors & 4270 Sft
windows Each subsequent coats of paint
1.24 Painting 1st coat with weather shield paint 19704 Sft
deluxe (ICI) make of approved shade on
plaster surface (External) and including
the cost of cleaning the surface, sand
papering etc. complete at any height in
any floor.
1.25 Painting 2nd,3rd coats with weather shield 19704 Sft
paint deluxe (ICI) make of approved
shade on plaster surface (External) and
including the cost of cleaning the surface,
sand papering etc. complete at any height
in any floor.
1.26 Provide, lay, joint, cure, etc. 1” total thick 6960 Sft
glazed (glossy) ceramic tiles dado using
“Master” (Supreme Quality) tiles of
approved color and shade in toilets,
including ¼” thick neat cement buttering
on back of tiles, remaining thickness made
up with 1:2 cement sand rough base,
complete(Ref. spcs. Clause 5.11) “Size:
12”x18"
1.27 Providing and fixing with steel nails and 750 Sft
washers, the chicken wire mesh of
approved quality, at joint of concrete and
masonry work (4" wide strip) before
plastering etc(F1,2,3,4)
1.28 1st class brick work in ground floor 90 Cft
Cement, sand mortar 1:6
1.29 Hollow Block Masonry in walls upto 20 360 Cft
feet height in 1:3 cement sand mortar
using Hollow Block 16"x8"x6" factory
manufactured with 1.5" wall thickness and
strength of 1200 psi
1.30 Hire charges of Tractor with trolly for one 20 Nos
trip including loading, unloading and
haulage 10-20 Kms
1.31 Providing and Fixing stair railing 210 Rft
Stainless steel of 16 gauge 2.5" pipe on
top 2” designer pillars and 1”x 3 ss pipes
in the middle with (master pillar of 3”
glass ball on top) , welded 2'-9" high,
fixed in each step complete.
1.32 Plain wood work sawn, wrought, planed 19 Cft
& fixed in position, including nails &
screws : Shisham wood
1.33 French polishing complete: On old work 150 Sft
(45)
1.34 Making & Fixing of steel racks 1.5" depth 1500 Sft
i/e angle iron welding jointing with 3-
coats painting complete
1.35 Supplying and Fixing 18SWG Steel 360 Sft
Almirah, 12" max depth including box
shelves, back, shelves, lock, spray paint
complete
1.36 Providing and fixing of Kobble tuff tile of 624 Sft
approved quality
1.37 Providing and Fixing MS angle iron 450 RFT
1"x1"x1/4"522edge protector nozing of
steps of stairs, complete
1.38 Repair to cracks to reinforced or plain 400 RFT
cement concrete work by grouting with
cement gun in (1:2) cement sand mortar
including cutting the chase of required
size
1.39 Providing and laying 3/4"(19mm) thick 1000 Sft
Granite Black polished tiles of imported
approved quality of any size on floor over
3/8" thick base cement sand mortar 1:3
Sub-Total
Electrification
2. Internal Electrification Work
( Wires (New Age, Pak Cable, Fast) and
breakers (Schneider or equivalent) must be
used for all electrical work carried out as
specified in the BOQ.
2.1 Wiring of light point in 3/0.029" PVC 1200 points
insulated bare cable in PVC pipe recessed
in wall comp.(GF,1st ,2nd ,3rd,4th)
2.2 Wiring of light/fan/call-bell point in 500 points
3/0.029" PVC insulated bare cable in PVC
pipe recessed.(GF,1st ,2nd ,3rd,4th)
2.3 Wiring of 2/3-pin 5-Amp. plug point in 475 points
3/0.029" PVC insulated bare cable in PVC
pipe recessed (GF,1st ,2nd ,3rd,4th)
(46)
moisture Proofing: 100 Amp.
(48)
2.32 Providing and fixing 60 A 500 volts 3 01 Nos
phase 4 pole change over switch fitted on
all kind of existing board including
incoming & out going connection as
required.
2.33 Providing and fixing pilot lamp set fitted 03 Nos
on existing board including connecting as
required.
2.34 Providing and fixing 6-32 A SP MCCB 105 Nos
fixed on existing board including inter
connection as required.
2.35 Providing and fixing 10-60 A (high 01 Nos
breaking capacity) TP MCCB fixed on
existing board including inter connection
as required.
2.36 Providing and fixing 160-250 A 01 Nos
adjustable (high breaking capacity) 4 pole
circuit breaker fixed on existing board
including inter connection as required.
2.37 DB First Floor 4 Sft
2.38 Providing and fixing cubical type metal
sheet distribution board with locking
arrangement as per drawing vermin
protected duely powder coated paint
including all fastening material including
wiring with suitable gauge PVC x PVC
wire complete as required.
2.39 Providing and fixing pilot lamp set fitted 3 Nos
on existing board including connecting as
required.
2.40 Providing and fixing 6-32 A SP MCCB 47 Nos
fixed on existing board including inter
connection as required.
2.41 Providing and fixing 80-125 A adjustable 1 Nos
(high breaking capacity) 4 pole circuit
breaker fixed on existing board including
inter connection as required.
2.42 DB Second Floor
(49)
inter connection as required.
3 Sanitary Work
3.1 Providing and Fixing glazed earthen ware 7.00 Nos
WC European type of approved make/size
excluding cost of seat & cover, complete
in all respects: White
3.2 Providing and Fixing glazed earthen ware 14 Nos
wash hand basin (WHB) complete size
56x40 cm (22"x16"), including cost of
Chrome plated mixture and other fixtures
(50)
bracket set, waste coupling, complete in
all respects:
White with pedestal (Best Quality)
3.3 Providing and fitting glazed earthenware 10 Nos
water closet (WC), squatter type (Orissa
Pattern) combined with foot rest. complete
in all respects : White
3.4 Providing and Fixing low level plastic 10 Nos
flushing cistern 3 gallons (13.63) liters
capacity, complete in all respects
3.5 Providing, laying, cutting, jointing, testing 875 RFT
and disinfecting UPVC pressure pipeline
in trenches (conforming to BS 3505
manufactured ) jointed with socket,
elbow, tee, bend and plug
bend522etc.manufactured by the
respective manufacturer complete
as per specifications. uPVC Prbend essure
Pipes Class D (12 Bar) 3" Nominal Pipe
Size
3.6 Providing, laying, cutting, jointing, testing 850 RFT
and disinfecting UPVC pressure pipeline
in trenches (conforming to BS 3505
manufactured ) jointed with socket,
elbow, tee, bend and plug
bend522etc.manufactured by the
respective manufacturer complete
as per specifications. uPVC Pressure
Pipes Class D (12 Bar) 4" Nominal Pipe
Size (NPS)
3.7 P/Fixing PPR pipe of dadex i/c testing, 1200 Rft
jointing and specials inside clear dia 1
inch complete as approved by Engineer.
3.8 Providing and fixing bath room 15 each
accessories of set of 6 pieces consist of
one shelf, one towel rod with bracket, one
towel ring, one soap dish, one tooth Brush
holder with glass, one tissue paper holder
one double hook etc complete of approved
quality as per direction of Engineer in-
charge.
Sub Total
4 CCTV
4.1 Supply, installation, testing and 3.00 Each
commissioning of Patch Panel 12 Port
Loaded with RJ-45 I/Os Suitable for
CAT-VI FTP CABLE; Rack Mount,
complete in all respects.
4.2 Providing /fixing 2MP closed circuit 27.00 Each
camera max HD and SD output switchable
3.6mm fixed lens (6mm optional) max IR
length 20m, smart IR IP67, DC 12V
complete as required. (Camera must
(51)
have clear night vision)
(54)
6.20 Repair and Poshing of Chairs, of best 75.00 Nos
quality special made for auditorium hall
complete with all aspects
6.21 Providing and fixing of Acoustic panels 5000 sft
2’x4’ sound-absorbing foam with fabric-
wrapped boards designed to control echo
and reverberation in a room on walls
special made for auditorium hall.
Complete with all aspects
Sub Total
9.00 Furniture
(Main Building)
9.1 Providing and purchasing of office
furniture as per detail mentioned Below:
Executive Revolving Chairs 12 Nos
(Base Value: Rs.40,000/-)
Seat Height: 18 to 22 inches (adjustable)
Seat Width: 20 to 22 inches
Seat Depth: 18 to 20 inches
Revolving Chair of Best Quality 52 Nos
(Base Value:15,000/-)
Seat Height: 18 to 22 inches (adjustable)
Seat Width: 18 to 20 inches
Seat Depth: 18 to 20 inches
Overall, Height: 38 to 45 inches
Sofa Set 5-seater: 14 Nos
(Base Value:30,000/-)
Length: 80 to 90 inches (for the 3-seater)
Depth: 30 to 35 inches
Height: 30 to 35 inches (with backrest)
Armchair (2 units): Length: 35 to 40 inches
Wooden center Table 22 Nos
(Base Value: Rs.15000/-
(L:4ft,W:2ft :H:20 inch)
Office Chairs (VIP best quality): 45 Nos
(Base Value: Rs.20,000/-)
Seat Height: 18 to 22 inches (adjustable)
Seat Width: 18 to 20 inches
Seat Depth: 18 to 20 inches
Overall Height: 38 to 45 inches
Office Chair (Wooden) 300 Nos
Base Value:10,000/-
Seat Height: 17 to 19 inches
Seat Width: 18 to 20 inches
Seat Depth: 17 to 19 inches
Overall Height: 36 to 40 inches
Wooden Book rack (special): 01 Nos
Base Value:25000/-
(Width: 48"
Height: 84"
Depth: 12")
(58)
Office table: 50 Nos
Base Value:20,000/-
Length: 48 to 60 inches
Width: 24 to 30 inches
Height: 29 to 30 inches
Computer Table 06 Nos
Base Value:20,000/-
Length: 48 to 60 inches
Width: 24 to 30 inches
Height: 29 to 30 inches
Steel Almirah: 65 Nos
(Base Value:25,000/-)
Width: 36 to 48 inches
Height: 72 to 78 inches
Depth: 18 to 24 inches
Sub Total
(Dimension can be vary as per actual site
requirement)
(62)
Construction Schedule
Pursuant to the General Conditions of Contract, the Works shall be completed on or before
the date stated in Annexure-A. The Bidder shall provide Construction Schedule in the bar
chart (CPM, PERT or any other to be specified herein) showing the sequence of work items
and the period of time during which he proposes to complete each work item in such a
manner that his proposed program for completion of the whole of the Works and parts of the
Works may meet Employer’s completion targets in days noted below and counted from the
date of receipt of Notice to Commence (Attach sheets as required for the specified form of
Construction Schedule):
d) days
e) days
(63)
1.
Form EQU: Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III, Evaluation and
Qualification Criteria. A separate Form shall be prepared for each item of equipment listed, or
for alternative equipment proposed by the Bidder.
Item of equipment
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
2. In case of JV, legal name of each member : [insert legal name of each member in JV]
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, JV agreement, in accordance with ITB 3.3.
Establishing that the Bidder is not under the supervision of the Procuring
agency/Employer[ in case of subsidiaries]
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
65
ELI2
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]
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.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
66
Section VIII. General Conditions (GC)
Red Book:
The Conditions of Contract are the “General Conditions” which form part of the “Conditions of
Contract for Construction for Building and Engineering Works Designed by the Employer
(“Red book”) Second edition 2017” published by the Federation Internationale Des Ingenieurs –
Conseils (FIDIC) and the following “Particular Conditions” which shall complement the
General Conditions of the Contract.
An original copy of the above FIDIC publication i.e. “Conditions of Contract for Building and
Engineering Works Designed by the Employer” must be obtained from FIDIC.
E-mail: [email protected]
www.fidic.org
67
Section IX. Special Conditions of the Contract
1. Scope of Work The Civil/Renovation Work of the PBC Broadcasting House Peshawar
Building, as detailed in the Bidding Documents and summarized in the Bidding Data Sheet, is
referred to as the "Works."
69 | P a g e
The Contractor must provide a Performance Security within 14 days of receiving the Letter of
Acceptance. This security, amounting to 10% of the contract price, shall be in the form of a
Demand Draft/Pay Order/CDR.
9. Period of Validity of Performance Security: The Performance Security shall remain
valid until the Works are completed and defects remedied within the Defects Liability Period.
The security shall be returned within 14 days after issuing the Defects Liability Certificate, and
no claims can be made against it thereafter.
10. Claims under Performance Security Before making a claim on the Performance
Security, the Employer must notify the Contractor, specifying the nature of the default.
11. Inspection of Site The Contractor is deemed to have inspected the Site and its
conditions, including sub-surface, hydrological, and climatic conditions, and assessed the work
and materials needed for execution, completion, and defect remedy, as well as site access and
accommodations. The Contractor is assumed to have obtained all necessary information and
considered all risks and contingencies affecting the Tender.
12. Sufficiency of Tender: The Contractor is deemed to have ensured the accuracy and
sufficiency of the Tender, including rates and prices in the Bill of Quantities, covering all
obligations, work, and materials necessary for the proper execution, completion, and defect
remedy under the Contract.
13. Work to be in Accordance with Contract The Contractor shall execute and
complete the Works and remedy defects strictly in accordance with the Contract and to the
satisfaction of the PBC Engineer/Employer. The Contractor must adhere to the PBC Engineer's
instructions and shall take instructions only from the PBC Engineer/Employer or their delegate.
14. Program to be Submitted The Contractor shall submit a detailed Program for the
execution of the Works to the PBC Engineer for consent. The Contractor must also provide a
general description of the arrangements and methods proposed for executing the Works
whenever required by the PBC Engineer.
14.1 Revised Program If the actual progress of the Works deviates from the approved Program,
the Contractor shall submit a revised Program, upon request, to ensure completion within the
agreed Time for Completion.
14.2 Contractor Not Relieved of Duties or Responsibilities Approval of the Program or
descriptions by the PBC Engineer does not relieve the Contractor of any duties or responsibilities
under the Contract.
15. Contractor's Superintendence: The Contractor must provide necessary supervision
during the execution of the Works and thereafter as deemed necessary by the PBC Engineer. A
competent and authorized representative must be on-site full-time to receive instructions from
the PBC Engineer. If the representative’s approval is withdrawn, the Contractor must replace
them with another approved representative as soon as practicable.
16. Contractor’s Employees: The Contractor must provide skilled, semi-skilled, and
unskilled labor necessary for executing, completing, and remedying any defects in the Works.
This includes competent technical assistants, foremen, and leading hands.
16.1 PBC Engineer at Liberty to Object: The PBC Engineer may object to and require the
removal of any person from the Works who is deemed to have misconducted themselves, shown
incompetence, or is otherwise considered undesirable. The person removed shall not return
without the PBC Engineer's consent and must be replaced promptly.
17. Setting-out The Contractor is responsible for: (a) Accurate setting-out of the Works based
on original reference points, lines, and levels. (b) Ensuring correct positions, levels, dimensions,
70 | P a g e
and alignment of all parts of the Works. (c) Providing necessary instruments, appliances, and
labor for these tasks.
If any error in setting-out is found during the Works, the Contractor must rectify it at their own
cost as directed by the PBC Engineer. The Contractor remains fully responsible for accuracy,
even if the PBC Engineer checks the setting-out. The Contractor must also protect all
benchmarks, sight-rails, pegs, and other tools used in setting-out.
18. Safety, Security, and Protection of the Environment Throughout the execution,
completion, and defect remedy of the Works, the Contractor must: (a) Ensure the safety of all
persons on the Site and maintain order to avoid danger. (b) Provide and maintain at their own
cost all necessary safety measures, including lights, guards, fencing, warning signs, and
watching, as required by the PBC Engineer or authorities. (c) Take reasonable steps to protect
the environment on and off the Site, avoiding damage or nuisance to people or property from
pollution, noise, or other operational causes.
19. Care of Works The Contractor is fully responsible for the care of the Works, materials,
and Plant from the Commencement Date until the Taking-Over Certificate is issued.
Responsibility then passes to the Employer, except: (a) For sections or parts of the Permanent
Works covered by a Taking-Over Certificate, where responsibility passes on the date of issue. (b)
For any remaining Works, materials, and Plant to be finished during the Defects Liability Period,
for which the Contractor retains responsibility.
19.1 Responsibility to Rectify Loss or Damage
The Contractor must, at their own expense, repair any loss or damage to the Works, materials, or
Plant under their care, except for risks defined in the contract, ensuring the Permanent Works
meet the contract's requirements to the satisfaction of the PBC Engineer. The Contractor is also
responsible for any damage caused during operations to fulfill their contractual obligations.
20. Employer's Risks
The Employer's risks include:
(a) War, hostilities, invasion, or foreign enemies' acts, (b) Rebellion, revolution, insurrection, or
civil war, (c) Radiation or contamination from nuclear fuel or waste, and hazardous nuclear
properties, (d) Pressure waves from aircraft traveling at sonic or supersonic speeds, (e) Riot,
commotion, or disorder not solely involving the Contractor's or Subcontractor's employees due to
the Works, (f) Loss or damage due to Employer's use or occupation of the Permanent Works,
unless otherwise stated in the Contract, (g) Loss or damage due to design, except for design
provided by the Contractor, and (h) Forces of nature against which an experienced contractor
could not reasonably have been expected to take precautions.
21. Damage to Persons and Property
The Contractor shall indemnify the Employer against losses or claims from:
(a) Death or injury to any person, or (b) Loss or damage to property arising from the execution,
completion, and remedying of the Works, covering all claims, damages, costs, and expenses.
21.1 Exceptions
The "exceptions" in Clause 21 are:
(a) Unavoidable property damage due to executing and completing the Works as per the
Contract, (b) Death or injury to persons, or loss or damage to property caused by the Employer,
his agents, or other contractors, or where the Contractor's contribution to the damage is minimal
and justly balanced.
21.2 Indemnity by Employer
The Employer shall indemnify the Contractor against claims, damages, and expenses related to
the exceptions in Sub-Clause 21.1.
71 | P a g e
22. Third-Party Insurance (including Employer's Property)
The Contractor must insure, jointly with the Employer, against liabilities for death, injury, or
property damage (other than the Works) arising from contract performance, excluding the
exceptions in Sub-Clause 21.1.
23. Accident or Injury to Workmen
The Employer is not liable for compensation for workmen's damages or injuries, except those
resulting from the Employer's act or default. The Contractor must indemnify the Employer
against all related claims and expenses, except those for which the Employer is liable.
24. Compliance with Statutes, Regulations
The Contractor must comply with all relevant laws, regulations, and by-laws related to the
execution and completion of the Works and remedying defects, paying all associated fees, and
indemnifying the Employer against penalties and liabilities. The Employer is responsible for
obtaining planning or zoning permissions and indemnifying the Contractor accordingly.
25. Interference with Traffic and Adjoining Properties
The Contractor must ensure that all operations related to the Works, including defect
rectification, are conducted without unnecessary interference with public convenience or access
to public and private roads and properties. The Contractor shall indemnify the Employer against
any claims, damages, or expenses arising from such interference.
26. Avoidance of Damage to Roads
The Contractor must take all reasonable steps to prevent damage to roads or bridges used for Site
access. This includes selecting routes, vehicles, and load distribution to minimize wear and tear
from materials, Plant, or equipment transport.
27. Contractor to Keep Site Clear
The Contractor shall keep the Site free from unnecessary obstructions, storing or disposing of
surplus materials, equipment, and rubbish, and removing any Temporary Works no longer
needed.
28. Clearance of Site on Completion
Upon completion of the Works, and after a Taking-Over Certificate is issued, the Contractor
must remove all equipment, surplus materials, and rubbish from the Site, leaving it clean and in
good condition, unless materials are needed for the Defects Liability Period.
29. Labor
The Contractor is responsible for hiring, paying, and managing all necessary staff and labor,
including housing, feeding, and transporting them, unless otherwise stated in the Contract.
30. Materials, Plant, and Workmanship
30.1 Quality
All materials, Plant, and workmanship must meet Contract specifications and the PBC
Engineer’s instructions and be subject to testing as required.
30.2 Cost of Samples
The Contractor bears the cost of supplying samples required by the Contract.
30.3 Cost of Tests
The Contractor covers the cost of any tests specified in the Contract or necessary to verify the
suitability of designs.
31. Inspection of Operations
The PBC Engineer and authorized personnel may inspect the Site and materials at all times, and
the Contractor must facilitate access.
31.1 Inspection and Testing
72 | P a g e
The PBC Engineer may inspect and test materials and Plant during manufacture, requiring the
Contractor to allow access to off-site facilities if necessary.
31.2 Rejection
If materials or work do not meet Contract standards, the PBC Engineer may reject them. The
Contractor must correct defects and repeat any necessary tests at their own expense, with the
costs recoverable by the Employer.
31.3 Independent Inspection
The PBC Engineer may delegate inspection and testing to an independent inspector, considered
as the PBC Engineer's assistant.
32. Examination of Work Before Covering Up
No work shall be covered up without the PBC Engineer’s approval. The Contractor must notify
the Engineer when work is ready for inspection.
33. Removal of Improper Work, Materials, or Plant
The PBC Engineer may instruct the Contractor to remove or replace materials, Plant, or work
that does not meet Contract standards, even after testing.
34. Default of Contractor in Compliance
If the Contractor fails to comply with instructions within the specified time, the Employer may
employ others to perform the work, with costs recoverable from the Contractor.
35. Suspension
35.1 Suspension of Work
The Contractor must suspend work upon the PBC Engineer’s instructions and protect the Works
during suspension, unless due to Contract provisions, Contractor's default, site conditions, or
safety concerns.
35.2 Suspension Lasting More Than 30 Days
If work is suspended for more than 30 days without permission to resume, the Contractor may
request to proceed. If permission is not granted, the Contractor may treat the suspension as an
omission or an Employer default and terminate the Contract.
36. Commencement and Delays
36.1 Commencement of Works: The Contractor must start the Works within 7 days of receiving
the Notice to Commence from the PBC Engineer/Employer.
36.2 Possession of Site: The Employer must provide the Site and access to it as stated in the
Contract Data.
36.3 Time for Completion: The entire Works or any specified Section must be completed within
the timeframe stated in the Appendix to Tender or any extension granted under Clause 37.
37. Extension of Time for Completion
The Contractor may be entitled to an extension of time due to:
Extra work,
Delays mentioned in the contract,
Adverse climatic conditions,
Delays caused by the Employer,
Other special circumstances not caused by the Contractor.
The PBC Engineer will determine and notify the Contractor of the extension after consulting
with the Employer.
38. Rate of Progress
If the Contractor's progress is too slow to meet the Time for Completion and is not entitled to an
extension, the PBC Engineer will notify the Contractor, who must then take steps to expedite
73 | P a g e
progress. Any additional supervision costs incurred by the Employer due to these steps may be
deducted from the Contractor's payment.
39. Liquidated Damages for Delay
If the Contractor fails to meet the Time for Completion, they must pay liquidated damages as
stated in the Appendix to Tender for each day of delay. This payment does not relieve the
Contractor from completing the Works or other contractual obligations.
40. Taking-Over Certificate
40.1 Substantial Completion: When the Works are substantially completed, the Contractor may
request a Taking-Over Certificate. The PBC Engineer must issue the certificate or specify
additional work required within 14 days.
40.2 Surfaces Requiring Reinstatement: A Taking-Over Certificate does not certify the
completion of surfaces unless expressly stated.
41. Defects Liability
41.1 Defects Liability Period: Defined as the period from the date of completion certified by the
PBC Engineer.
41.2 Completion of Outstanding Work: The Contractor must complete any outstanding work and
remedy defects during the Defects Liability Period.
41.4 Contractor's Failure: If the Contractor fails to address defects, the Employer can hire others
to do the work at the Contractor’s expense.
42. Contractor to Search
If defects appear before the end of the Defects Liability Period, the PBC Engineer may instruct
the Contractor to search for the cause. If the Contractor is liable, they must cover the costs;
otherwise, the costs will be added to the Contract Price.
43. Alterations, Additions, and Omissions
43.1 Variations: The PBC Engineer may instruct changes to the Works, and the Contractor must
comply. These changes may involve quantity, type, or additional work necessary for completion.
43.2 Valuation of Variations: Variations are valued according to the Contract rates, government
schedules, or market quotations if rates are not available.
43.3 Additional Work Limit: Additional work should not exceed 15% of the Effective Contract
Price.
44. Procedure for Claims
44.1 Notice of Claims: The Contractor must notify the PBC Engineer of any claims for
additional payment within 14 days of the event causing the claim.
44.2 Contemporary Records: The Contractor must keep records to support their claim, which the
PBC Engineer may inspect.
44.3 Substantiation of Claims: The Contractor must submit detailed accounts of the claim within
14 days or as agreed with the PBC Engineer.
44.4 Failure to Comply: If the Contractor does not comply with the claim procedures, their
entitlement may be limited to what can be verified by records.
45. Contractor's Equipment, Temporary Works, and Materials
45.1 Exclusive Use
Contractor's Equipment, Temporary Works, and materials brought to the Site are exclusively for
the Works. They cannot be removed without the PBC Engineer's consent, except when moving
within the Site. No consent is required for vehicles transporting staff, equipment, or materials.
45.2 Employer's Liability
74 | P a g e
The Employer is not liable for any loss or damage to Contractor's Equipment, Temporary Works,
or materials.
45.3 Customs Clearance
The Employer will assist the Contractor in obtaining customs clearance for necessary equipment
and materials.
46. Measurement
46.1 Quantities
The Bill of Quantities provides estimated, not exact, quantities for the Works.
46.2 Works Measurement
The PBC Engineer will measure the Works' value, and the Contractor will be paid accordingly.
The Contractor or their representative must assist the PBC Engineer with measurements and
agree on records and drawings. If the Contractor does not participate, the Engineer’s
measurements are final unless contested within 14 days.
46.3 Method
Works are measured net, despite any local customs, unless otherwise stated in the Contract.
46.4 Lump Sum Breakdown
The Contractor must submit a breakdown of lump sum items within 14 days after the Letter of
Acceptance, subject to PBC Engineer’s approval.
47. Provisional Sums
47.1 Definition
A Provisional Sum is a designated sum in the Contract for specific Works or contingencies, used
at the PBC Engineer’s instruction. The Contractor is entitled only to amounts determined by the
Engineer.
47.2 Usage
The PBC Engineer may instruct the Contractor to execute work or supply goods/materials using
the Provisional Sum.
47.3 Documentation
The Contractor must provide the PBC Engineer with all invoices, vouchers, and receipts related
to Provisional Sum expenditures, unless work is valued per Tender rates.
48. Certificates and Payment
48.1 Monthly Payments
The Contractor submits monthly statements, signed by their representative, detailing the value of
executed work, adjustments, and any other due sums.
48.2 Retention Money
Retention money is released upon satisfactory completion of work and submission of the Taking
Over Certificate by the PBC Engineer.
48.3 Certificate Corrections
The PBC Engineer can correct or modify payment certificates, omitting or reducing amounts for
unsatisfactory work.
48.4 Completion Statement
Within 20 days after the Taking-Over Certificate is issued, the Contractor submits a final
statement with supporting documents showing the value of all work done, any further sums due,
and estimates of future payments.
48.5 Payment
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i) The Contractor will submit first bill after completion of 30% actual work done
of whole civil/electrical work and 20% amount will be paid to Contractor
accordingly.
ii) The Contractor will submit 2nd bill after the completion of 60% actual work
done of whole civil/electrical work and more 30% amount will be released to
contractor.
iii) Not later than 20 days after the issue of the Taking-Over Certificate, the
Contractor shall submit to the PBC Engineer for consideration a draft
statement with supporting documents showing in detail, in the form approved
by the PBC Engineer.
iv) The Contractor will submit final bill after the completion of whole
civil/electrical work and the remaining payment will be made possible by the
adjustment of mobilization advance.
51. Remedies
51.1 Contractor Default
If the PBC Engineer certifies that the Contractor has repudiated the Contract, failed to start or
proceed with the Works, neglected obligations, or violated Clause 4, the Employer may
terminate the Contractor's employment after 14 days' notice. The Employer may complete the
Works using the Contractor's equipment and materials.
51.2 Valuation at Termination
The PBC Engineer will determine and certify the value of work done and any unused materials
or equipment after termination.
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53. Settlement of Disputes
53.1 PBC Engineer's Decision
Disputes between the Employer and Contractor shall first be referred to the PBC Engineer, who
will provide a decision within 20 days. The Contractor must continue the Works until the
decision is revised by settlement or arbitration.
54. Notices
54.1 Notice to Contractor
All certificates, notices, or instructions to the Contractor from the Employer or PBC Engineer
shall be sent via post, cable, telex, facsimile, or email to the Contractor's principal place of
business or another nominated address.
54.2 Notice to Employer and PBC Engineer
Notices to the Employer or PBC Engineer shall be sent via post, cable, telex, or facsimile to their
nominated addresses.
54.3 Change of Address
Either party may change their nominated address within the country of the Works by prior notice
to the other party, with a copy to the PBC Engineer.
If the Employer fails to pay amounts due within the specified time or declares economic
impossibility, the Contractor may terminate the Contract by giving 14 days’ notice to the
Employer, with a copy to the PBC Engineer.
55.2 Payment on Termination
Upon termination, the Employer must fulfill payment obligations for certified work completed.
55.3 Resumption of Work
If the Contractor suspends or reduces work due to non-payment and the Employer subsequently
pays, the Contractor shall resume work as soon as possible.
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PART II - PARTICULAR CONDITIONS OF CONTRACT
1. PBC Engineer’s Representative
1.1 PBC Engineer Not Liable
The PBC Engineer’s approval or inspections do not relieve the Contractor of responsibility for
the materials, plant, equipment, and construction as per the Contract. The PBC Engineer’s
actions or decisions in good faith do not create any liability to the Contractor or others involved
in the Works.
1.2 Replacement of the PBC Engineer
The Employer must provide the Contractor with at least 7 days’ notice before replacing the
PBC Engineer or their representative.
3. Performance Security
The Contractor must provide a Performance Security within 14 days of receiving the Letter of
Acceptance, equal to 10% of the Contract Price, in the form of a Pay Order, Demand Draft, or
CDL. The Performance Security remains binding despite any changes or extensions in the
Works.
4. Program Submission
The Contractor shall submit a program within 5 days of receiving the Letter of Acceptance. This
program must include a Bar Chart and a CPM identifying critical activities.
7. Safety Precautions
The Contractor must comply with the Government of Pakistan’s safety requirements, taking
additional measures as directed by the PBC Engineer. Reports on safety, health, and welfare
must be submitted as required by the PBC Engineer.
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The Contractor is responsible for providing sufficient lighting for night work to proceed safely.
Lighting arrangements must meet the satisfaction of the PBC Engineer’s Representative.
11. Epidemics
In case of an epidemic, the Contractor must comply with regulations, orders, and requirements
from the Government or local authorities to address the situation.
Violation of the Integrity Pact by the Contractor entitles the Employer to:
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(c) Recover an amount ten times any improper payment made by the Contractor;
(d) Terminate the Contract;
(e) Recover losses resulting from such termination or other corrupt practices.
18. Confidentiality
The Contractor must treat Contract details as confidential and cannot publish or disclose them
without prior written consent from the Employer or PBC Engineer. Any disputes over the
necessity of publication will be resolved by the PBC Engineer.
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SECTION VIII: CONTRACT FORMS
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Notification of Award
(On procuring agency/Employer’s letterhead)
Letter of Acceptance
[Date]. . . . . .
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 Bid Data Sheet] . . . . . for the
Accepted Contract Amount of the equivalent of . . . . . [amount in words and figures and name of
currency]. . . . ., as corrected and modified in accordance with the Instructions to Bidders, is
hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose the Performance Security Form included in
Section 9 (Contract Forms) of the Bidding Document.
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Form of Contract
THIS AGREEMENT made the _____ day of __________ 20_____ between [name and address
of Procuring agency/Employer] of Pakistan (hereinafter called “the Procuring
agency/Employer”) of the one part and [name of Contractor] of [city and country of Contractor]
(hereinafter called “the ”) of Contractor other part:
WHEREAS the Procuring agency/Employer desired that the works [brief description of works]
should be executed by the contractor, and has accepted a Bid by the contractor for the execution
and completion of these works and remedying of any defects therein, in the sum of [contract
price in words and figures] (hereinafter called “the Contract Price”).
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:-
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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__________________the ________________ __________________the ________________
(for the Procuring agency/Employer) (for the Contractor)
Witness to the signatures of the Procuring Witness to the signatures of the Contractor
agency/Employer …………………………………………………
………………………………………………
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Advance Payment Security
Demand Guarantee
________________________________
Beneficiary: ___________________
Date: ________________
ADVANCE PAYMENT GUARANTEE No.: _________________
Guarantor: _________________________________
We have been informed that [Inset name of the Contractor] (hereinafter called “the Contractor”)
has entered into Contract No. _____________ dated ____________ with the [insert name of the
Procuring agency/Employer] (hereinafter called “the Procuring agency/Employer”) for the
execution of _____________________ (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum ___________ ( ) is to be made against an advance payment
guarantee.
At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the
Procuring agency/Employer any sum or sums not exceeding in total an amount of ___________
upon receipt by us of the Procuring agency/Employer’s complying demand supported by the
Procuring agency/Employer’s statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating either that the Applicant:
(a) has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Contractor has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Procuring agency/Employer’s bank stating that the advance payment referred
to above has been credited to the Contractor on its account number ___________ at
_________________..
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as specified in copies of interim statements or
payment certificates which shall be presented to us.
The Guarantee shall remain valid up to the aforesaid date and shall be null and void after the
aforesaid date or earlier if the advance made to the Contractor is fully adjusted against payments
from Interim Payment Certificates of the Contractor provided that the Guarantor agrees that the
aforesaid period of validity shall be deemed to be extended if on the above mentioned date the
advance payment is not fully adjusted.
____________________
[signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.
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Retention Money Security
Demand Guarantee
We have been informed that ________________ [insert name of Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Contractor") has entered into
Contract No. _____________ [insert reference number of the contract] dated ____________ with the
Procuring agency/Employer, for the execution of _____________________ [insert name of contract
and brief description of Works] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, the Procuring
agency/Employer retains moneys up to the limit set forth in the Contract (“the Retention
Money”), and that when the Taking-Over Certificate has been issued under the Contract and the
first half of the Retention Money has been certified for payment, payment of [insert the second
half of the Retention Money or if the amount guaranteed under the Performance Guarantee
when the Taking-Over Certificate is issued is less than half of the Retention Money, the
difference between half of the Retention Money and the amount guaranteed under the
Performance Security and, if required, the ES Performance Security] is to be made against a
Retention Money 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 ___________ [insert amount in
figures] ( ) [amount in words] upon receipt by us of the Procuring agency/Employer’s
complying demand supported by the Beneficiary’s statement, whether in the demand itself or in
a separate signed document accompanying or identifying the demand, stating that the Applicant
is in breach of its obligation(s) under the Contract, without your needing to prove or show
grounds for your demand or the sum specified therein.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Procuring agency/Employer’s bank stating that the second half of the
Retention Money as referred to above has been credited to the contractor on its account number
___________ at _________________ [insert name and address of Contractor’s bank].
This guarantee shall expire no later than the …. day of ……, 2…, and any demand for payment
under it must be received by us at the office indicated above on or before that date.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
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Integrity Pact
[Name of Contractor] 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 Contractor] 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 Contractor] 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 Contractor] 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.
Notwithstanding any rights and remedies exercised by GoP in this regard, [Name of
Contractor] 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
Contractor] 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.
_________________ _________________
[Procuring agency/Employer] [Contractor]
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Non-Disclosure Agreement
__________________ ________________________
(Signature of “Authorized Representative” of bidder) (DG/DE PBC)
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