SBD - NCB - Goods - DFTQC - HPLC RK

BIDDING DOCUMENT
for
Procurement of HPCL and other Laboratory

Equipments
National Competitive Bidding (NCB)

Single-Stage: Single-Envelope
Issued on: April 21, 2023 (Baishak 8, 2080)
Employer: Department of Food Technology and Quality Control (DFTQC), Babarmahal,
Kathmandu
Contract Identification No.: SRCTIP/PCO/DFTQC/G/NCB-1, Lot-A
SRCTIP/PCO/DFTQC/G/NCB-1, Lot-B
SRCTIP/PCO/DFTQC/G/NCB-1, Lot-C
Country: Nepal
Abbreviations
BDS...................... Bid Data Sheet
BD ....................... Bidding Document
DCS...................... Delivery and Completion Schedule
DP ……………….. Development Partner
EQC ..................... Evaluation and Qualification Criteria
GCC ..................... General Conditions of Contract
GoN ..................... Government of Nepal
ICC....................... International Chamber of Commerce
IFB ....................... Invitation for Bids
ITB ....................... Instructions to Bidders
LGRS ................... List of Goods and Related Services
NCB …………….. National Competitive Bidding
PAN ……………... Permanent Account Number
PPMO …………… Public Procurement Monitoring Office
SBD...................... Standard Bidding Document
SBQ...................... Schedule of Bidder Qualifications
SCC…………….… Special Conditions of Contract
SR ........................ Schedule of Requirements
TS......................... Technical Specifications
VAT………………. Value Added Tax
Table of Contents
Invitation for Bids
PART 1 – Bidding Procedures

Section I. Instructions to Bidders ............................................................................... 6
Section II. Bid Data Sheet .......................................................................................... 28
Section III. Evaluation and Qualification Criteria ..................................................... 34
Section IV. Bidding Forms ......................................................................................... 38
PART 2 – Supply Requirements

Section V. Schedule of Requirements ...................................................................... 52
PART 3 – Conditions of Contract and Contract Forms

Section VI. General Conditions of Contract ............................................................. 58
Section VII. Special Conditions of Contract ............................................................. 75
Section VIII. Contract Forms ..................................................................................... 82
Invitation for Bids
Government of Nepal (GoN)
Ministry of Agriculture and Livestock Development
Department of Food Technology and Quality Control
Babarmahal, Kathmandu
Invitation for Electronic Bids for Procurement of HPLC & Other Laboratory
Equipments
Contract Identification No: SRCTIP/PCO/DFTQC/G/NCB-1, Lot-A

Date of publication: April 21, 2023 (2080/01/08))
Name of the Development Partner: The World Bank
Loan/Credit/Grant No: IDA-66730
1. Government of Nepal has received a Loan from the World Bank towards the cost of
Procurement of HPLC & Other Laboratory Equipments for Department of Food
Technology and Quality Control and intends to apply part of the funds to cover eligible
payments under the Contract for SRCTIP/PCO/DFTQC/G/NCB-1. Bidding is open to all
eligible Bidders.
2. The Department of Food Technology and Quality Control, Babarmahal, Kathamndu invites
electronic bids from eligible bidders for the procurement of Procurement of HPLC & Other
Laboratory Equipments under National Competitive bidding procedures specified in Public
Procurement Act and Regulations.
3. Eligible Bidders may obtain further information and inspect the bidding documents at the
office of Department of Food Technology and Quality Control, Babarmahal, Kathmandu,
Contact no. +977-1-4262369, 01-425132, Email: [email protected] or may visit e-GP
system: www.bolpatra.gov.np/egp.
4. Bidding documents are available online and can be downloaded from e-GP system:
www.bolpatra.gov.np/egp. Interested bidders shall register in the e-GP system and deposit
the cost of bidding document, NRs 3000.00 in the following bank.
Name of the Bank: Rastriya Banijya Bank
Name of the Office: Department of Food Technology and Quality Control, Babarmahal
Office Code No. : 312033503
Revenue Head No. : 14229
5. Pre-bid meeting shall be held at DFTQC, Babarmahal, Kathmandu on May 12, 2023
(2080/01/29) at 13:00 hours.
6. Electronic bids must be submitted to the office of Department of Food Technology and
Quality Control, Babarmahal, Kathmandu through PPMO‟s e-GP system
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www.bolpatra.gov.np/egp on or before 12:00 Hrs. NST on May 22, 2023 (2080/02/08).
Bids received after this deadline will be rejected.
7. Bids shall be opened in presence of Bidders' representatives who choose to attend on 13:00
Hrs. NST May 22, 2023 (2080/02/08) at the office of Department of Food Technology and
Quality Control, Babarmahal, Kathmandu. Bids must be valid until August 20, 2023 and must
be accompanied by bid security, amounting to a minimum of following:
Contract ID. Equipment Bid security, NRs.

SRCTIP/PCO/DFTQC/G/NCB-1,
Laboratory Equipment HPLC Rs. 318,000.00
Lot-A
Hot Air Oven Including Other
Lot-B Rs. 118,000.00
Equipment.
Lot-C Generator. Rs. 650,00.00
Bid securiy shall be valid for minimum 30 days beyond the bid validity period September 19,
2023.
8. If the Bidder wishes to submit the Bid Security in the form of cash, the cash should be deposited in:
Name of the Bank: Nepal Rastra Bank (Ko. Le. Ni. Ka, Babarmahal)
Name of the Office: Department of Food Technology and Quality Control, Babarmahal
Office Code No.: 312033503
Office Account No.: 1201200001002524
9. If the last date of submission and opening falls on a government holiday then the next
working day shall be considered the last day. In such a case the bid validity and bid security
validity shall be recognized with effect from the original bid submission deadline.
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Section I. Instructions to Bidders
Table of Contents
A. General 6
1. Scope of Bid 6
2. Source of Funds 6
3. Fraud and Corruption 6
4. Eligible Bidders 9
5. Eligible Goods and Related Services 10
6. Site Visit 10
B. Contents of Bidding Document 11
7. Sections of the Bidding Document 11
8. Clarification of Bidding Document/Pre-bid meeting 12
9. Amendment of Bidding Document 12
C. Preparation of Bids 12
10. Cost of Bidding 12
11. Language of Bid 12
12. Documents Comprising the Bid 13
13. Bid Submission Letter and Price Schedules 13
14. Alternative Bids 13
15. Bid Prices and Discounts 13
16. Currencies of Bid 14
17. Documents Establishing the Eligibility of the Bidder 14
18. Documents Establishing the Conformity of the Goods and Related Services to the
Bidding Document 14
19. Documents Establishing the Qualifications of the Bidder 15
20. Period of Validity of Bids 16
21. Bid Security 16
22. Format and Signing of Bid 17
D. Submission and Opening of Bids 18
23. Sealing and Marking of Bids 18
24. Deadline for Submission of Bids 18
25. Late Bids 18
26. Withdrawal, or Modification of Bids 18
27. Bid Opening 18
E. Evaluation and Comparison of Bids 19
28. Confidentiality 20
29. Clarification of Bids 20
30. Deviations, Reservations, and Omissions 21
31. Determination of Responsiveness 21
32. Non-material Non-conformi-ties 22
33. Correction of Arithmetical Errors 22
34. Goods manufactured in Nepal to be produced 23
35. Evaluation and Comparison of Bids 23
36. Post-qualification of the Bidder 23
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37. Purchaser‟s Right to Accept Any Bid, and to Reject Any or All Bids 23
F. Award of Contract 24
38. Award Criteria 24
39. Purchaser‟s Right to Vary Quantities at Time of Award 24
40. Notification of Intention to Award 24
41. Performance Security 24
42. Signing of Contract 25
43. Complaint and Review 25
44. Publication of contract award notice 26
45. Provision of PPA and PPR 27
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Section I. Instructions to Bidders
A. General
1. Scope of Bid 1.1 The Purchaser indicated in the BDS issues this Bidding Document for
the supply of Goods and Related Services incidental thereto as
specified in Section V, Schedule of Requirements. The name and
identification of contracts are indicated in BDS.
1.2 Throughout this Bidding Document :
(a) the term “in writing” means communicated in written form with
proof of receipt;
(b) if the context so requires, singular means plural and vice versa;
and
(c) “day” means calendar day.
2. Source of 2.1 The GoN has applied for or received financing (hereinafter called
Funds “funds”) from the World Bank toward the cost of the project. The GoN
intends to apply a portion of the funds to eligible payments under the
contract(s) for which this Bidding Document is issued.
3. Fraud and 3.1 Procuring Entities as well as Bidders, suppliers and contractors and their
Corruption sub-contractors shall adhere to the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this:;
(a) the Purchaser adopts, for the purposes of this provision, the terms as
defined below:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement between two or more
parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.
(v) “obstructive practice” means (a) deliberately destroying, falsifying,
altering, or concealing of evidence material to an investigation;
(b) making false statements to investigators in order to materially
impede an investigation; (c) failing to comply with requests to
provide information, documents, or records in connection with an
investigation; (d) threatening, harassing, or intimidating any party
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to prevent it from disclosing its knowledge of matters relevant to
the investigation or from pursuing the investigation; or (e)
materially impeding GoNWorld Bank‟s contractual rights of audit
or access to information; and
(vi) “integrity violation” is any act which violates Anticorruption Policy,
including (i) to (v) above and the following: abuse, conflict of
interest, violations of World Bank sanctions, retaliation against
whistleblowers or witnesses, and other violations of Anticorruption
Policy, including failure to adhere to the highest ethical standard.
(b) the Purchaser will reject a proposal for award if it determines that
the Bidder recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity violations in competing for the contract;
(c) The World Bank may cancel the portion of the financing allocated to a
contract if it determines at any time that representative(s) of the GoN or
of a beneficiary of Bank ffinnaced Contract is engaged in corrupt,
fraudulent, collusive, or coercive practices or other integrity violations
during the procurement or the execution of that contract.
(d) The World Bank may also impose remedial actions on a firm or an
individual, at any time, in accordance with the World Bank's
Anticorruption Guidleines (as amended from time to time), including
declaring ineligible, either indefinitely or for a stated period of time, to
participate in World Bank-financed, -administered, or -supported
activities or to benefit from the World Bank -financed, -administered, or
-supported contract, financially or otherwise, if it at any time determines
that the firm or individual has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive practices or other
integrity violations; and
(e) The Supplier shall permit the GoN/World Bank to inspect the
Supplier‟s accounts and records relating to the performance of the
Supplier and to have them audited by auditors appointed by the
GoN/World Bank, if so required by the World Bank.
3.2 The Bidder shall not carry out or cause to carry out the following
acts with an intention to influence the implementation
of the procurement process or the procurement agreement :
(a) give or propose improper inducement directly or indirectly,
(b) distortion or misrepresentation of facts,
(c) engaging in corrupt or fraudulent practice or involving in such
act,
(d) interference in participation of other competing bidders,
(e) coercion or threatening directly or indirectly to cause harm to the
person or the property of any person to be involved in the
procurement proceedings,
(f) collusive practice among bidders before or after submission of bids for
distribution of works among bidders or fixing artificial/uncompetitive
bid price with an intention to deprive the Purchaser the benefit of
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open competitive bid price,
(g) Contacting the Purchaser with an intention to influence the
Purchaser with regards to the bids or interference of any kind in
examination and evaluation of the bids during the period from the
time of opening of the bids until the notification of award of contract.
4. Eligible Bidders 4.1 This Invitation for Bids is open to eligible Bidders from all countries,
except for any specified in the BDS.
4.2 A Bidder may be a natural person, private entity, government-owned

entity (subject to ITB 4.5) or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in
the form of a Joint Venture (JV). Maximum number of partners in JV
shall be as specified in BDS. In the case of a JV:
(a) all parties to the JV shall be jointly and severally liable; and
(b) a JV shall nominate a representative who shall have the authority
to conduct all businesses for and on behalf of any and all the
parties of the JV during the bidding process and, in the event the
JV is awarded the Contract, during contract execution.
(c) Joint Venture Arrangement shall have the following provisions:
i. Joint Venture Agreement shall nominate a lead member who will

lead and bind the joint venture and will have the authority to
conduct all business for and on behalf of any and all members of
the JV during the bidding process and, in the event the JV is
awarded the Contract, during contract execution,
ii. Lead member shall have lead/ principal share in the joint venture,
iii. The Joint Venture Agreement should specify the scope and parts
of the contract to be carried out by each JV member. The assigned
scope and parts of contract should correspond the members‟
respective experience and capacity to implement them; and
iv. The Joint Venture agreement includes the clause: “Joint and Several
Liability: All members of the joint venture (JV) shall be jointly and severally
liable to the Purchaser for the execution of the entire Contract. The JV leader
shall have the authority to bind the JV. Neither the composition, the
constitution, and the legal status nor the scope and parts of the Contract to
be carried out by each member, as specified in the Joint Venture Agreement,
shall be altered without the prior consent of the Purchaser. Such consent
shall not relieve any altered JV from the joint and several liability to the
Purchaser for the execution of the entire Contract.
4.3 A Bidder shall not have a conflict of interest. Any Bidders found to have
a conflict of interest shall be considered ineligible and disqualified. A
Bidder may be considered to be in a conflict of interest with one or
more parties in this bidding process if, including but not limited to:
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(a) have controlling shareholders in common;
(b) receive or have received any direct or indirect subsidy from

any of them;
(c) have the same legal representative for purposes of this Bid;
(d) have a relationship with each other, directly or through

common third parties, that puts them in a position to have
access to information about or influence on the Bid of another
Bidder, or influence the decisions of the Purchaser regarding
this bidding process;
(e) a Bidder participates in more than one bid in this bidding

process. Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which it is involved.
However, this does not limit the inclusion of the same
subcontractor, not otherwise participating as a Bidder, in more
than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in

the preparation of the design or technical specifications of the
goods and services that are the subject of the bid.
4.4 A Bidder that is under the list of debarred firms and individualsof the
World Bank, at the date of the deadline for bid submission or thereafter,
shall be disqualified.
4.5 A GoN-owned enterprise (SOE) may also participate in the bid if it is

legally and financially autonomous, it operates under commercial law,
and it is not dependent agency of the Purchaser.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to
the Purchaser, as the Purchaser shall reasonably request.
4.7 Firms shall be excluded in any of the cases, if
(a) by an act of compliance with a decision of the United Nations

Security Council taken under Chapter VII of the Charter of the
United Nations prohibits any import of goods or Contracting of works
or services from that country or any payments to persons or entities
in that country.
(b) As a matter of law or official regulation, GoN prohibits commercial

relations with that country, provided that the World Bank is satisfied
that such exclusion does not preclude effective competition for the
supply of goods or related services required;
(c) A firm has been determined to be ineligible by the World Bank.
4.8 A bidder and all parties constituting the Bidder shall have the nationality of
an eligible country as defined under the ITB 4.1.
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4.9 The domestic Bidder who has obtained Permanent Account Number
(PAN) and Value Added Tax (VAT) registration certificate(s) and Tax
clearance certificate or proof of submission of tax return from the Inland
Revenue Office shall only be eligible. The foreign bidder submitting the
documents indicated in the BDS at the time of bid submission and a
declaration to submit the document(s) indicated in the BDS at the time of
contract agreement shall only be eligible
5.1 All goods and related services to be supplied under the contract are
5. Eligible Goods
eligible, unless their origin is from a country specified in the BDS.
and Related
Services 5.2 For purposes of this clause, “origin” means the place where the goods are
mined, grown, or produced, or the place from which the related services
are supplied
5.3 The origin of goods and services is distinct from the nationality of the
Bidder.
6.1 For goods contracts requiring installation/ commissioning/ networking or
6. Site Visit
similar services at site, the Bidder, at the Bidder‟s own responsibility and
risk, is encouraged to visit and examine the Site and obtain all
information that may be necessary for preparing the Bid and entering
into a contract for the supply of goods and related services.
6.2 The Bidder should ensure that the Purchaser is informed of the visit in
adequate time to allow it to make appropriate arrangements.
6.3 The costs of visiting the Site shall be at the Bidder‟s own expense.
B. Contents of Bidding Document
7. Sections of 7.1 The Bidding Document consist of Parts 1, 2, and 3, which include all
the Bidding the Sections indicated below, and should be read and construed in
Document conjunction with any Addenda issued in accordance with ITB 9.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Bidding Forms
PART 2 Supply Requirements
 Section V. Schedule of Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VI. General Conditions of Contract (GCC)
 Section VII. Special Conditions of Contract (SCC)
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 Section VIII. Contract Forms
7.2 VOID.
7.3 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document as well as in Amendments, if
any. Failure to furnish all information or documentation required by the
Bidding Document may result in the rejection of the Bid.
7.4 The Invitation for Bids issued by the Purchaser is not part of the Bidding
Document
8. Clarification 8.1 A prospective Bidder requiring any clarification of the Bidding Document
of Bidding shall contact the Purchaser in writing at the Purchaser‟s address
Document/P indicated in the BDS. The Purchaser will respond in writing to any
re-bid request for clarification, provided that such request is received within
meeting the time limit specified in the BDS prior to the deadline for
submission of Bids. The Purchaser shall forward copies of its
response to all Bidders who have acquired the Bidding Document
directly from it, including a description of the inquiry but without
identifying its source. Should the Purchaser deem it necessary to
amend the Bidding Document as a result of a clarification, it shall do
so following the procedure under ITB 9 and 24.2.
8.2 The purchaser may organize a pre-bid meeting of Bidders before the
deadline for submission of Bids at the place, date and time as specified in
the BDS to provide information relating to Bidding Documents, Technical
specifications and the like matters. Should the purchaser deem it
necessary to amend the Bidding Document as a result of a clarification, it
shall do so following the procedure under ITB 9 and ITB 24.2.
9. Amendment 9.1 At any time prior to the deadline for submission of the Bids, the
of Bidding Purchaser may amend the Bidding Document by issuing addenda.
Document
9.2 Any addendum issued shall be part of the Bidding Document and shall
be communicated in writing to all who have obtained the Bidding
Document directly from the Purchaser. Such Addendum notice shall
also be published in the National newspaper.
9.3 To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Purchaser may, at
its discretion, extend the deadline for the submission of the Bids,
pursuant to ITB 24.2.
C. Preparation of Bids
10.1 The Bidder shall bear all costs associated with the preparation and
10. Cost of
submission of its Bid, and the Purchaser shall not be responsible or
Bidding
liable for those costs, regardless of the conduct or outcome of the
bidding process.
11. Language of 11.1 The Bid, as well as all correspondence and documents relating to the
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Bid Bid exchanged by the Bidder and the Purchaser, shall be written in the
language specified in the BDS. Supporting documents and printed
literature that are part of the Bid may be in another language provided
they are accompanied by an accurate translation of the relevant
passages in the language specified in the BDS, in which case, for
purposes of interpretation of the Bid, such translation shall govern.
12. Documents 12.1 The Bid shall comprise the following:

Comprising
the Bid (a) Bid Submission Letter and the applicable Price Schedules, in
accordance with ITB Clauses 13, 15, and 16;
(b) Bid Security in accordance with ITB 21;
(c) alternative bids, if permissible, in accordance with ITB 14;
(d) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 22;
(e) documentary evidence in accordance with ITB 17 establishing
the Bidder‟s eligibility to bid;
(f) documentary evidence in accordance with ITB Clauses 18 and
31, that the Goods and Related Services conform to the
Bidding Document;
(g) documentary evidence in accordance with ITB 19 establishing
the Bidder‟s qualifications to perform the contract if its Bid is
accepted; and
(h) any other document, as required and listed listedin the BDS.
12.2 The Bidder is solely responsible for the authenticity of the submitted
documents.
13. Bid 13.1 The Bidder shall submit the Bid Submission Letter using the form
Submission furnished in Section IV, Bidding Forms. This form must be completed
Letter and without any alterations to its format, and no substitutes shall be
Price accepted. All blank spaces shall be filled in with the information
Schedules requested.
13.2 The Bidder shall submit the Price Schedules for Goods and Related
Services, according to their origin as appropriate, using the forms
furnished in Section IV, Bidding Forms
14. Alternative 14.1 Unless otherwise indicated in the BDS, alternative bids shall not be
Bids considered.
15. Bid Prices 15.1 The Bidder shall complete the appropriate Price Schedule and the sources
and of Goods schedules included herein, stating the unit prices, total cost per
Discounts item, the total Bid amount and the expected countries of origin of the
Goods to be supplied under the contract.
15.2 Prices quoted in the Price Schedules shall be included the cost of
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goods, other taxes already paid or payable on the components and
raw material used in the manufacture or assembly of the item, the
customs duties, transportation cost up to final delivery, insurance cost,
unloading, and any other cost for (incidental) services, if any, related
to the delivery of goods. All risks and responsibilities up to the final
destination including installation and commissioning of Goods, if
applicable, shall be borne by the Supplier. If a Price Schedule shows
items listed but not priced, their prices shall be assumed to be
included in the prices of other items. Items not listed in the Price
Schedule shall be assumed not to be included in the Bid, and provided
that the Bid is substantially responsive, the corresponding adjustment
shall be applied in accordance with ITB 32.3
15.3 Prices quoted by the Bidder shall be fixed during the Bidder‟s
performance of the Contract and not subject to variation on any
account, unless otherwise specified in the BDS. A Bid submitted with
an adjustable price quotation shall be treated as non responsive and
shall be rejected, pursuant to ITB 31. However, if in accordance with
the BDS, prices quoted by the Bidder shall be subject to adjustment
during the performance of the Contract, a Bid submitted with a fixed
price quotation shall not be rejected, but the price adjustment shall be
treated as zero.
15.4 The Bidder's separation of price components in accordance with ITB 15.1
above will be solely for the purpose facilitating the comparison of bids
by the Purchaser and will not in any way limit the Purchaser's right to
contract on any of the terms offered.
15.5 If the Bidder intends to offer any unconditional discount, it shall always be
expressed in fixed percentage and that shall not vary as the quantity
varies and be applicable to each unit rate. The methodology for its
application shall be provided in bid submission letter.
16. Currencies 16.1 All Prices shall be quoted in Nepalese Rupees.

of Bid
17. Documents 17.1 To establish their eligibility in accordance with ITB 4, Bidders shall:
Establishing
the (a) complete the eligibility declarations in the Bid Submission Letter,
Eligibility of included in Section IV, Bidding Forms; and
the Bidder
(b) if the Bidder is an existing or intended JV in accordance with ITB
4.2, submit a copy of the JV Agreement, or a letter of intent to
enter into such an Agreement clearly listing the roles and
responsibilities of each JV member. The respective document
shall be signed by all legally authorized signatories of all the
parties to the existing or intended JV, as appropriate.
(c) submit the copy of the documents as specified in BDS.

18. Documents 18.1 To establish the conformity of the Goods and Related Services to the
Establishing Bidding Document, the Bidder shall furnish as part of its Bid the
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the documentary evidence that the Goods and Related Services conform
Conformity to the requirements specified in Section V, Supply Requirements.
of the Goods
and Related 18.2 The documentary evidence may be in the form of literature, drawings or
Services to data, and shall consist of a detailed item-by-item description of the
the Bidding essential technical and performance characteristics of the Goods and
Document Related Services, demonstrating substantial responsiveness of the
Goods and Related Services to those requirements, and if applicable,
a statement of deviations and exceptions to the provisions of Section
V, Schedule of Requirements.
18.3 Standards for workmanship, process, material, and equipment, as well

as references to brand names or catalogue numbers specified by the
Purchaser in the Section V, Schedule of Requirements, are intended
to be descriptive only and not restrictive. The Bidder may offer other
standards of quality, brand names, and/or catalogue numbers,
provided that it demonstrates, to the Purchaser‟s satisfaction, that the
substitutions ensure substantial equivalence or are superior to those
specified in Section V, Schedule of Requirements.
19. Documents 19.1 The documentary evidence of the Bidder‟s qualifications to perform the
Establishin contract, if its bid is accepted, shall establish to the Purchaser‟s
g the satisfaction that the Bidder meets each of the qualification criterion
Qualificatio specified in Section III, Evaluation and Qualification Criteria.
ns of the
Bidder 19.2 If so required in the BDS, a Bidder that does not manufacture or produce
the Goods it offers to supply shall submit the Manufacturer‟s
Authorization using the form included in Section IV, Bidding Forms to
demonstrate that it has been duly authorized by the manufacturer or
producer of the Goods to supply these Goods in Nepal and take care of
the warranty provided.
19.3 If so required in the BDS, a Bidder that does not conduct business
within Nepal shall submit evidence that it will be represented by an
Agent in Nepal equipped and able to carry out the Supplier‟s
maintenance, repair and spare parts-stocking obligations prescribed in
the Conditions of Contract and/or Technical Specifications.
19.4 A foreign Bidder wishing to have or already having a local agent shall
state the following:
a. Name and address of the Agent/Representative,
b. The Agent/Representative providing type of services,
c. Amount of commission if the Agent/Representative is entitled to
get such payment and if it participates in the procedure of
payment,
d. Other agreement with Agent/Representative, if any,
e. Bidder shall certify in the Letter of Authorization as follows:
"We certify that the statement and disclosure made by us on the above are
complete and true to the best of our knowledge and belief",
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19.5 If a foreign Bidder in its Bid, has not provided the information
mentioned in ITB 19.4 or has submitted its bid stating that the Bidder
does not have a local agent and later it is proved that the bidder has a
local agent or it is proved that the commission mentioned in the Bid is
differenet than the commission received by the local agent then the
Purchaser and the World Bank shall have right to initiate proceedings
agaisnt such bidder in accordance with ITB 3.
20. Period of 20.1 Bid shall remain valid for a period specified in the BDS after the bid
Validity of submission deadline date prescribed by the purchaser. A bid valid for
Bids a shorter period shall be rejected by the purchaser as nonresponsive.
20.2 In exceptional circumstances, prior to the expiration of the bid validity

period, the Purchaser may request Bidders to extend the period of
validity of their Bids. The request and the responses shall be made in
writing. If a Bid Security is requested in accordance with ITB 21, it
shall also be extended for a corresponding period. A Bidder may
refuse the request without forfeiting its Bid Security. A Bidder granting
the request shall not be required or permitted to modify its Bid and to
include any additional conditions against the provisions specified in Bid
Documents.
21. Bid Security 21.1 The Bidder shall furnish as part of its bid, in original form a Bid Security
as specified in the BDS. In case of e-submission of bid, the Bidder
shall upload scanned copy of Bid security letter at the time of electronic
submission of the bid. The Bidder accepts that the scanned copy of the
Bid security shall, for all purposes, be equal to the original. The details of
original Bid Security and the scanned copy submitted with e-bid should
be the same otherwise the bid shall be non-responsive.
21.2 If a bid security is specified pursuant to ITB 21.1, the bid security shall
be a demand guarantee in any of the following forms at the Bidder‟s
option:
(a) original copy of an unconditional bank guarantee from Commercial

Bank or Financial Institution eligible to issue Bank Guarantee as
per prevailing Law or;
(b) original copy of cash deposit voucher in the Purchaser 's Account
as specified in BDS.
In case of a bank guarantee, the Bid Security shall be submitted using

the Bid Security Form included in Section IV, Bidding Forms. The form
must include the complete name of the Bidder. The Bid Security shall
be valid for minimum thirty (30) days beyond the end of the validity
period of the bid. This shall also apply if the period for bid validity is
extended.
The bid security issued by any foreign Bank outside Nepal must be
counter guaranteed by an Commercial Bank or Financial Institution
14
eligible to issue Bank Guarantee as per prevailing Law in Nepal.
21.3 If a bid Security is required in accordance with ITB 21.1, any Bid not
accompanied by an enforceable and compliant Bid Security in
accordance with ITB 21.2, shall be rejected by the Purchaser as
nonresponsive. In case of e- Submission, f the scanned copy of an
acceptable bid security letter is not uploaded with the electronic bid
then bid shall be rejected.
21.4 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of
unsuccessful Bidders shall be returned within three (3) days upon the
successful Bidder furnishing of the signed Contract Agreement and the
Performance Security pursuant to ITB 42.
21.5 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of
the successful Bidder shall be returned as promptly as possible once
the successful Bidder has signed the Contract Agreement and
furnished the required Performance Security.
21.6 The Bid Security may be forfeited if:
(a) a Bidder requests for withdrawal or modification of its bid, except as

provided in ITB 20.2
during the period of bid validity specified by the Bidder on the Letter of Bid.
(b) a Bidder changes the prices or substance of the bid while providing
information pursuant to clause 29.1;
(c) a Bidder involves in fraud and corruption pursuant to clause 3.1;
(d) the successful Bidder fails to:
(i) furnish a performance security in accordance with ITB 41.1;
(ii) sign the Contract in accordance with ITB 42.1; or
(iii) accept the correction of arithmetical errors pursuant to clause

33.
21.7 The Bid Security of a JV must be in the name of the JV that submits the
bid. If the JV has not been legally constituted at the time of bidding, the
Bid Security shall be in the names of all future partners as named in the
letter of intent mentioned in ITB 17.1 (b).
22. Format and 22.1 The Bidder shall prepare bid as described in ITB 12 and shall be typed
Signing of or written in indelible ink and shall be signed by a person duly
Bid authorized to sign on behalf of the Bidder. This authorization shall
consist of a written confirmation as specified in the BDS and shall be
attached to the Bid.
15
22.2 Any amendments such as interlineations, erasures, or overwriting shall
be valid only if they are signed or initialed by the person signing the
Bid.
D. Submission and Opening of Bids
23. Sealing and 23.1 Unless otherwise specified in BDS, Bidders shall submit their bids by
Marking of electronic or by mail/ by hand/ by courier. Bidders submitting bids
Bids electronically shall follow the electronic bid submission procedures
specified in the BDS.
23.2 Bidders submitting bids by mail or by hand or by courier shall enclose

the original and each copy of the Bid, including alternative bids, if
permitted in accordance with ITB 14, in separate sealed envelopes,
duly marking the envelopes as “ORIGINAL”, “ALTERNATIVE” and
“COPY.” These envelopes containing the original and the copies shall
then be enclosed in one single envelope. The rest of the procedure
shall be in accordance with ITB 23.2.1 and 23.2.2.
23.2.1 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;

(b) be addressed to the Purchaser in accordance with ITB 23.1; and
(c) bear a warning "NOT TO OPEN BEFORE THE TIME AND
DATE FOR BID OPENING".
23.2.2 If all envelopes are not sealed and marked as required, the Purchaser
will assume no responsibility for the misplacement or premature
opening of the bid.
24. Deadline for 24.1 Bids must be received by the Purchaser at the address and no later
Submission than the date and time indicated in the BDS. In case of e-
of Bids submission, the standard time for e-submission is Nepal Standard
Time as set out in the server. The e-procurement system will accept
the e-submission of bid from the date of publishing of notice and will
automatically not allow the e-submission of bid after the deadline for
submission of bid.
24.2 The Purchaser may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding Document in accordance
with ITB 9, in which case all rights and obligations of the Purchaser
and Bidders previously subject to the deadline shall thereafter be
subject to the deadline as extended.
25. Late Bids 25.1 The e-GP System will not allow the e-submission of bid after the
deadline for submission of bid. Purchaser shall not consider any Bid
that arrives after the deadline for submission of Bids, in accordance
with ITB 24. Any Bid received by the Purchaser after the deadline for
submission of Bids shall be declared late, rejected, and returned
unopened to the Bidder.
16
26. Withdrawal, 26.1 A bidder may withdraw, or modify its bid after it has been submitted
or either in hard copy or by e-Submission. Procedures for withdrawal or
Modification modification of submitted bids are as follows:
of Bids (i) Bids submitted in hard Copy
a) Bidders may withdraw or modify its bids by sending a written notice
in a sealed envelope, duly signed by an authorized representative,
and shall include a copy of the authorization in accordance with ITB
20.2. The corresponding modification of the bid must accompany
the respective written notice. All notices must be:
(aa) prepared and submitted in accordance with ITB 20 and ITB
21,and in addition, the respective envelopes shall be clearly
marked “WITHDRAWAL”, “MODIFICATION;” and
ii) E-submitted bids.
26.1 a) Bidder may submit modification or withdrawal prior to the
deadline prescribed for submission of bids through e-GP system by
using the forms and instructions provided by the system. Once a Bid
is withdrawn, bidder shall not able to submit another bid for the
same bid.
26.2 Bids requested to be withdrawn in accordance with ITB 26.1 (i) shall
be returned unopened to the Bidders after the end of bid opening
process.
26.3 No bids shall be withdrawn or modified in the interval between

deadline for submission of bids and the expiration of the period of bid
validity specified by the Bidder on the bid submission form or any
extension there of.
27.Bid Opening 27.1 The Purchaser‟s bid opening committee shall conduct the bid opening in
public in the presence of bidder or its representative who choose to
attend at the address, date and time specified in the BDS. The
opening committee shall download the e-submitted bid files. The e-
procurement system allows the Purchaser to download the e-submitted
bid files (report) only after bid opening date and time after login
simultaneously by two members of the Bid opening committee.
Electronically submitted bid shall be opened at first in the same time
and date as specified above. Electronic Bids shall be opened one by
one and read out. The e-submitted bids must be readable through
open standards interfaces. Unreadable and or partially submitted bid
files shall be considered incomplete.
27.2 Before opening the bids the opening committee shall separate the
envelopes of the bids received after the deadline of bid submission,
the envelopes containing an application given for WITHDRAWAL,
MODIFICATION of bids and the envelopes of bids duly registered. The
bids received after the deadline of submission shall be returned to the
concerned bidder unopened. Then envelopes marked
“WITHDRAWAL” shall be opened first, read out, and recorded, and the
envelope containing the corresponding Bid shall not be opened, but
returned to the Bidder. If the withdrawal notice is not accompanied by
17
a copy of the valid authorization pursuant to ITB 22.2, the withdrawal
shall not be permitted and the corresponding Bid will be opened.
Envelopes marked “MODIFICATION” shall be opened, read out, and
recorded with the corresponding Bid. No Bid shall be modified unless
the corresponding Modification Notice contains a valid authorization to
request the modification and is read out and recorded at bid opening.
Only envelopes that are opened, read out, and recorded at bid
opening shall be considered further.
27.3 All other envelopes shall be opened one at a time, and the following
read out and recorded: the name of the Bidder and whether there is a
modification; the Bid Prices (per lot if applicable), any discounts and
alternative offers; the presence of a Bid Security, if required; if there is
discrepancy between figure and words, description of such
discrepancy; whether the bid form is signed by the bidder or his agent;
and any other details as the Purchaser may consider appropriate. Only
discounts and alternative offers read out and recorded at bid opening
shall be considered for evaluation. No Bid shall be rejected at bid
opening except for late bids, in accordance with ITB 25.1.
27.2 The opening committee shall prepare a record of the bid opening that
shall include, as a minimum: the name of the Bidder and whether there
is a withdrawal, or modification; the Bid Price, per lot if applicable, any
discounts and alternative offers if they were permitted; and the
presence or absence of a Bid Security. The Bidders‟ representatives
who are present shall be requested to sign the record. The omission of
a Bidder‟s signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed to all
Bidders who submitted bids in time, and posted on line when
electronic bidding is permitted. The Bidders‟ representatives who are
present shall also be requested to sign an attendance sheet.
E. Evaluation and Comparison of Bids
28.Confidentiality 28.1 Information relating to the examination, evaluation, comparison, and

post-qualification of Bids, and recommendation of contract award,
shall not be disclosed to Bidders or any other persons not officially
concerned with such process until publication of the Contract award;
thereafter, information will be disclosed in accordance with ITB 40.1.
28.2 Any attempt by a Bidder to influence the Purchaser in the

examination, evaluation, comparison, and post-qualification of the
Bids or Contract 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 Purchaser on any
matter related to the bidding process, it should do so in writing.
29.Clarification 29.1 To assist in the examination, evaluation, comparison and post-

of Bids qualification of the Bids, the Purchaser may, at its discretion, ask any
Bidder for a clarification of its Bid. Any clarification submitted by a
Bidder with regard to its Bid and that is not in response to a request
18
by the Purchaser shall not be considered. The Purchaser‟s request
for clarification and the response shall be in writing. No change in the
prices or substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the
Purchaser in the evaluation of the Bids, in accordance with ITB 33.
30.Deviations, 30.1 During the evaluation of bids, the following definitions apply:
Reservations
, and (a) “Deviation” is a departure from the requirements specified in the
Omissions Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding

from complete acceptance of the requirements specified in the
Bidding Document; and
(c) “Omission” is the failure to submit part or all of the information or

documentation required in the Bidding Document.
31.Determination 31.1 The Purchaser‟s determination of the responsiveness of a Bid is to be

of based on the contents of the Bid itself, as defined in ITB 12.
Responsivene
ss 31.2 A substantially responsive bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one that,
(d) if accepted, would:

(i) affect in any substantial way the scope, quality, or
performance of the Goods and Related Services specified in
Section V, Schedule of Requirements; or
(ii) limits in any substantial way, inconsistent with the Bidding

Document, the Purchaser‟s rights or the Bidder‟s obligations
under the proposed Contract; or
(e) if rectified, would unfairly affect the competitive position of other

Bidders presenting substantially responsive bids.
31.3 The Purchaser shall examine the technical aspects of the bid in
particular, to confirm that all requirements of Section V, Schedule of
Requirements have been met without any material deviation or
reservation.
32.Non-material 32.1 The Purchaser may regard a Bid as responsive even if it contains minor
Non-conformi- deviations that do not materially alter or depart from the
ties characteristics, terms, conditions and other requirement set forth in the
Bidding Document or if it contains errors or oversights that are capable
of being corrected without affecting the substance of the Bid.
32.2 Provided that a Bid is substantially responsive, the Purchaser may

request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify non-
material non-conformities or omissions in the Bid related to
19
documentation requirements. Requesting information or
documentation on such non-conformities shall not be related to any
aspect of the price of the Bid. Failure of the Bidder to comply with the
request may result in the rejection of its Bid.
32.3 Provided that a Bid is substantially responsive, the Purchaser shall

rectify non-material non-conformities or omissions. To this effect, the
Bid Price shall be adjusted, for comparison purposes only, to reflect
the price of the missing or non-conforming item or component. The
adjustment shall be made using the method indicated in Section III,
Evaluation and Qualification Criteria.
32.4 If small differences are found such as in technical specification,

description, feature which does not make the bid to be rejected, then
the cost, which is calculated to the extent possible due to such
differences, shall be included while evaluating bid.
32.5 If the value is found fifteen percent more than the quoted amount of the
bidder on account of small differences pursuant to ITB 32.4, such bid
shall be considered irresponsive in substance and shall not be
considered for evaluation.
33.Correction of 33.1 Provided that the Bid is substantially responsive, the Purchaser shall
Arithmetical correct arithmetical errors on the following basis:
Errors
a) if there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected, unless in the
opinion of the Purchaser there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;
b) if there is an error in a total corresponding to the addition or

subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected; and
c) if there is a discrepancy between words and figures, the amount in

words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in figures
shall prevail subject to (a) and (b) above.
33.2 If the Bidder that submitted the lowest evaluated Bid does not accept
the correction of errors, its Bid shall be rejected and the bid security
shall be forfiteed.
34. 34.1 VOID.

34.2 VOID.
34.3 In case of granting preference, the bid shall be compared (for bid
comparison only) by adding an amount equal to 15 percent of the bid
price of the such Goods manufactured in Nepal to the bid price of
Goods manufacture outside Nepal and lowest evaluated bid shall be
20
determined.
35.Evaluation 35.1 The Purchaser shall evaluate and compare each Bid that has been
and determined, up to this stage of the evaluation, to be substantially
Comparison responsive.
of Bids
35.2 To evaluate a Bid, the Purchaser shall only use all the criteria and
methodologies defined in this Clause and in Section III, Evaluation
and Qualification Criteria. No other criteria or methodology shall be
permitted.
36.Post- 36.1 The Purchaser shall determine to its satisfaction whether the Bidder
qualification that is selected as having submitted the lowest evaluated and
of the Bidder substantially responsive Bid is qualified to perform the Contract
satisfactorily.
36.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder‟s qualifications submitted by the
Bidder, pursuant to ITB 19.
36.3 An affirmative determination shall be a prerequisite for award of the
Contract to the Bidder. A negative determination shall result in
disqualification of the Bid, in which event the Purchaser shall proceed
to the next lowest evaluated bid to make a similar determination of that
Bidder‟s capabilities to perform satisfactorily.
37.Purchaser’s 37.1 The Purchaser reserves the right to accept or reject any Bid, and to
Right to cancel the bidding process and reject all Bids at any time prior to
Accept Any Contract award, without thereby incurring any liability to the Bidders.
Bid, and to
Reject Any or
All Bids
F. Award of Contract
38.1 The Purchaser shall select to award the Contract to the Bidder whose
offer has been determined to be the lowest evaluated Bid and is
38.Award Criteria substantially responsive to the Bidding Document, provided further
that the Bidder is determined to be qualified to perform the Contract
satisfactorily.
39.Purchaser’s 39.1 At the time the Contract is awarded, the Purchaser reserves the right to
Right to Vary increase or decrease the quantity of Goods and Related Services
Quantities at originally specified in Section V, Schedule of Requirements, provided
Time of Award this does not exceed the percentages indicated in the BDS, and
without any change in the unit prices or other terms and conditions of
the Bid and the Bidding Document.
40.Notification of 40.1 The Purchaser shall notify the concerned Bidder whose bid has been
Intention to selected in accordance with ITB 38.1 within seven days of the
Award selection of the bid, in writing that the Purchaser has intention to
accept his/her bid and shall inform via the Letter of Intention included
in the Contract Forms and the information of name, address and
amount of selected bidder shall be given to all other bidders who
submitted the bid.
21
40.2 If no bidder submits an application pursuant to ITB 43.1 within a period of
seven days of providing the notice under ITB 40.1 the Purchaser shall
accept the bid selected in accordance with ITB 38.1 prior to the expiry of
bid validity period, and notification of award shall be communicated to the
bidder to furnish the performance security and sign the contract within
fifteen days.
41.Performance 41.1 Within fifteen (15) days of the receipt of notification of award from the
Security Purchaser, the successful Bidder shall furnish the Performance Security in
accordance with the GCC, using for that purpose the Performance Security Form
included in Section VIII, Contract Forms, or another form acceptable to the
Purchaser.
41.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or sign the Contract Agreement shall constitute
sufficient grounds for the annulment of the award and forfeiture of the
Bid Security and black listing. In that event the Purchaser may award
the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Purchaser to be
qualified to perform the Contract satisfactorily.
42. Signing of 42.1 The successful Bidder shall sign the contract in the form included in
Contract section VIII after the submission of performance security in accordance
with ITB 41.
42.2 At the same time, the Purchaser shall also notify all other Bidders of the
results of the bidding, and shall publish in an English/Nepali language
newspaper or well-known and freely accessible website the results
identifying the bid and lot numbers and the following information: (i) name
of each Bidder who submitted a Bid; (ii) bid prices as read out at Bid
Opening; (iii) name and evaluated prices of each Bid; (iv) name of bidders
whose bids were rejected and the reasons for their rejection; and (v)
name of the winning Bidder, and the Price it offered, as well as the
duration and summary scope of the Contract awarded.
43.Complaint 43.1 If a Bidder dissatisfies with the Procurement proceedings or the

and Review decision made by the Purchaser in the intention to award the Contract,
it may file an application to the Chief of the concerning Public Entity of
the Purchaser within seven (7) days of having, receipt of such notice
or decision making, for review of the proceedings stating the factual
and legal grounds.
43.2 An application filed after the deadline pursuant ITB 43.1 shall not be
processed.
43.3 The chief of Public Entity of the Purchaser shall, within five (5) days
after receiving the application, give its decision with reasons, in writing
pursuant to ITB 43.1:
(a) whether to suspend the procurement proceeding and the
procedure for further proceedings to be adopted; or
22
(b) whether or not to reject a application.
No application can be submitted before the Review Committee for
review against the decision made by the chief of the Public Entity for
the Bid amount up to the value as stated in BDS.
43.4 If the Bidder is not satisfied with the decision of the Public Entity in
accordance with ITB 43.3, or the decision by the Public Entity is not
given within five (5) days of receipt of application pursuant to ITB 43.1,
it can, within seven (7) days of receipt of such decision, file an
application to the Review Committee of the GoN, stating the reason of
its disagreement on the decision of the chief of Public Entity and
furnishing the relevant documents, provided that its Bid amount is
above the amount as stated in ITB 43.3. The application may be sent
by hand, or by post, or by courier, or by electronic media at the risk of
the Bidder itself.
43.5 Late application filed after the deadline pursuant to ITB 43.4 shall not
be processed.
43.6 Within three (3) days of the receipt of application from the Bidder,
pursuant to ITB 43.4, the Review Committee shall notify the
concerning Public Entity of the Purchaser to furnish its procurement
proceedings and comments on the issue, pursuant to ITB 43.3.
43.7 Within three (3) days of receipt of the notification pursuant to ITB 43.6,
the Public Entity shall furnish the copy of the related documents along
with its comment or reaction of complaint to the Review Committee.
43.8 The Review Committee, after inquiring from the Bidder and the Public
Entity, if needed, shall give its decision within one (1) month after
receiving the application filed by the Bidder, pursuant to ITB 43.4.
43.9 The Bidder, filing application pursuant to ITB 43.4, shall have to furnish
a cash amount or Bank guarantee as stated in BDS with the validity
period of at least ninety (90) days from the date of the filing of
application pursuant to ITB 43.4. Application filed without furnishing
the security deposit shall not be processed.
43.10 If the claim made by the Bidder pursuant to ITB 43.4 is justified, the
Review Committee shall have to return the security deposit to the
applicant, pursuant to ITB 43.9, within seven (7) days of such
decision made.
43.11 If the claim made by the Bidder pursuant to ITB 43.4 is rejected by the
Review Committee, the security deposit submitted by the Bidder
pursuant to ITB 43.9 shall be forfeited.
44. Publication of 44.1 Within three days of contract signing, the Public Entity shall publish a notice on
contract the contract award with following information: in its notice board, Such notice shall
award notice also be posted in its website
23
a. name of the procurement,
b. IFB number,
c. Date and name of newspaper published IFB notice
d. Name and reference number of the contract being awarded, and the
slelection method used;
e. Names of all Bidders that submitted Bids, and their Bid prices as read
out at Bid opening, and as evaluated;
f. Names of all Bidders whose Bids were rejected either as
nonresponsive or as not meeting qualification criterio, or were not
evaluated, with the reasons therefor;
g. The name of the successful Bidder, the final total contract Price, the
contract duration and a summary of its scope; and
h. Successful Bidder Beneficiary Ownership Disclosure Form [delete
this if not required in the Bidding Documents]
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Section II. Bid Data Sheet
A. Introduction
ITB 1.1 Name of the Purchaser: Department of Food Technology and Quality Control,
ITB 1.1 Name and Identification number of the Contracts:
SRCTIP/PCO/DFTQC/G/NCB-1, Lot-A
ITB 2.1 Source of Fund: The World Bank Funded
Name of the Project: Procurement of HPLC & Other Laboratory Equipments
Implementing Agency Department of Food Technology and Quality Control,
ITB 3.4 A list of debarred firms and individuals is available on the World Bank‟s external
website: http:/www.worldbank.org/debarr.
ITB 4.1 Bidders from the following countries are not eligible:
None
ITB 4.2 The maximum number of partners in JV shall be 3 (three).
ITB 4.9 The foreign Bidder at the time of bid submission: shall submit
ITB 5.1 Goods and related services to be supplied from following countries are not eligible:
None
B. Bidding Document
ITB 8.1 For clarification purposes only, the Purchaser‟s address is:
Attention: Dr. Matina Joshi Vaidya, Director General
Name of the Purchaser: Department of Food Technology and Quality Control,
Babarmahal, Kathmandu.
City/Town: Babarmahal.
District: Kathmandu.
Country: Nepal
Telephone: 01-4262639
Facsimile Number: 01-4262639
Electronic Mail Address: [email protected]
ITB 8.1 The purchaser will respond in writing to any request for clarification provided that such
request is received no later than 10 days prior to the deadline date for submission of
bid.
ITB 8.2 Pre-Bid meeting shall be organized.
25
If a Pre-Bid meeting will take place, it will be at the following date, time and place:
Date: May 12, 2023 (2080/01/29)

Time: 13:00 Hrs. NST
Place: DFTQC, Babarmahal, Kathmandu
C. Preparation of Bids
ITB 11.1 The language of the Bid is: English

ITB 12.1 The Bidder shall submit the following additional documents with its Bid: NA
(h)
ITB 14.1 Alternative Bids are not permitted
ITB 15.3 The prices quoted by the Bidder shall: not be Adjustable.
ITB 17.1 The Bidders shall submit:
(c)  Copy of Firm Registration Certificate
 Copy of Business Registration Certificate (if required)
 Copy of VAT and PAN Registration Certificate (only for domestic
bidders),
 Tax Clearance Certificate / Tax return submission evidence /
evidence of time extension for the F/Y 2078/079
ITB 19.2 A Manufacturer‟s Authorization letter is only required for the following items:
Manufacturer Authorization for sales and service in the territory of Nepal for
HPLC.
Manufacturer Authorization is required for the following items.
Manufacturer Authorization for sales and service in the territory of Nepal for a)
Biosafety cabinet level II, b) Automatica Kjeldahl Protein Determination set.
Manufacturer Authorization for sales and service in the territory of Nepal for Generator.
ITB 19.3 The Bidder is required to include with its bid, evidence that it will be represented by an
Agent in Nepal.
ITB 20.1 The bid shall be valid until 90 days.
ITB 21.1 The bid must be accompanied by bid security, amounting to a minimum of
Contract ID Amount, NRs.

Rs. 318,000.00
Rs. 118,000.00
26
Rs. 65,000.00
which shall be valid for minimum 30 days beyond the bid validity period.
ITB 21.2 If the Bidder wishes to submit the Bid Security in the form of cash, the cash should be
deposited in Deposit Account No.
Name of the Bank: Nepal Rastra Bank (Ko.Le.Ni.Ka., Babarmahal)
Name of the Office: Department of Food Technology and Quality Control,
Office Code No.: 312033503
Office Account No.: 1201200001002524
and submit the receipt of the deposited amount of cash along with the bid.
ITB 22.1 The written confirmation of Authorization to sign on behalf of the Bidder shall consist
of: Power of Attorney to sign the bid
D. Submission and Opening of Bids
ITB 23.1 Bidders shall have the option of submitting their bids by electronic only.
ITB 23.1 (a) If bidders submit their bids electronically, the electronic bidding submission
procedures shall be: Bidders submitting Bids electronically shall follow the
electronic bid submission procedure specified in this clause.
i. The bidder is required to register in the e-GP system

https://www.bolpatra.gov.np/egp following the procedure specified in
e-GP guideline.
ii. Interested bidders may either purchase the bidding document from the
Purchaser 's office as specified in the Invitation for Bid (IFB) or
bidders may download the IFB and bidding document from e-GP
system.
iii. The registered bidders need to maintain their profile data required
during preparation of bids.
iv. In order to submit their bids the cost of the bidding document can be
deposited as specified in IFB. In addition, electronic scanned copy
(.pdf format) of the bank deposit voucher/cash receipt should also
be submitted along with the technical bid.
v. The bidder can prepare their bids using data and documents
maintained in bidder‟s profile and forms/format provided in bidding
document by Purchaser. The bidder may submit bids as a single
entity or as a joint venture. The bidder submitting bid in joint venture
shall have to upload joint venture agreement along with partner(s)
Bolpatra ID provided during bidder‟s registration.
vi. Bidders (all partners in case of JV) should update their profile data and
documents required during preparation and submission of their
technical bids.
27
vii. In case of bid submission in JV, the consent of the partners shall be
obtained through the confirmation link sent to the registered email
address and the partners shall have to acknowledge their
confirmation.
The required forms and documents shall be part of bids.

N Document Requirement Remarks
o.
1. Letter of Bid Mandatory PDF
2. Bid Security Mandatory PDF
3. Company Mandatory PDF
registration
4. VAT registration Mandatory PDF
for domestic
bidders
5. Business if required, PDF
Registration Mandatory
Certificate
6. Tax clearances Mandatory PDF
certificate or for domestic
evidence of tax bidders
return submission
or extension of
time
7. Power of Attorney Mandatory PDF
of Bid signatory
8. Bank Voucher for Mandatory PDF
cost of bid
document
9. Joint venture Mandatory in PDF
agreement or a case of JV
letter of intent to Bid
enter into such an
Agreement
10. Completed Price Mandatory PDF or
Schedule Web
Forms
11. Qualification Mandatory PDF
Documents
12. Technical Mandatory PDF or
specifications Web
Forms
13. Delivery and Mandatory PDF or
Completion Web
28
Schedule Forms
14. Additional If applicable PDF

Documents
specified in ITB
12.1 (h)
viii. For verifying the authentic user, the system will send one time password (OTP)
in the registered e-mail address of the bidder. System will validate the OTP and
allow bidder to submit their bid.
ix. Electronically submitted bids can be modified and/or withdrawn through system.
The bidder may modify their bids multiple times online within bid submission
date and time specified in e-GP system. Once a Bid is withdrawn, bidder won‟t
be able to submit another bid response for the same bid.
x. The Bidder / Bid shall meet the following requirements and conditions for e-
submission of bids;
a) The e-submitted bids must be readable through PDF reader.
b) The facility for submission of bid electronically through e-submission is to
promote transparency, non-discrimination, equality of access, and open
competition in the bidding process. The Bidders are fully responsible to
use the e- submission facility properly in e-GP system as per specified
procedures and in no case the Purchaser shall be held liable for Bidder's
inability to use this facility.
c) When a bidder submits electronic bid through the PPMO e-GP portal, it is
assumed that the bidder has prepared the bid by studying and examining
the complete set of the Bidding documents including specifications,
drawings and conditions of contract.
ITB 24.1 For bid submission purposes only, the Purchaser‟s address is: Department of Food
Technology and Quality Control, Babarmahal, Kathmandu
ITB 24.1 The deadline for bid submission is:

Date: May 22, 2023 (2080/02/08)
ITB 24.1 If the last date of purchasing, submission and opening of Bid falls on a government
holiday then the next working day shall be considered as the last day without any
change in the time and place as fixed.
ITB 27.1 The bid opening shall take place at: [insert complete address of the place]
Date: May 22, 2023 (2080/02/08)
Place: DFTQC, Babarmahal, Kathmandu
ITB 27.1 If electronic bid submission is permitted in accordance with ITB 23.1, the specific bid
opening procedures shall be:
The e-procurement system allows the Purchaser to download the e-submitted bid files
(report) only after bid opening date and time after login simultaneously by two
29
members of the Bid opening committee.
E. Evaluation and Comparison of Bids

F. Award of Contract
ITB 39.1 The maximum percentage by which quantities may be increased is: 15%
The maximum percentage by which quantities may be decreased is: 15%
ITB 41.1 Performance Security amount shall be 5%
ITB 43.3 No application can be submitted before the Review Committee for review against the
decision made by the chief of the Public Entity for the bid amount less than the value
of Twenty Million (NRs. 20,000,000)
ITB 43.9 The bidder, filling application pursuant to ITB 43.4, shall have to furnih a cash amount
ot Bank guarantee equal to 1 % of its bid price
30
Section II. Evaluation and Qualification Criteria
Evaluation Criteria
Criteria for Bid evaluation are to be determined case by case basis. Select as
appropriate from criteria listed in ITB 35.2. Retain only the evaluation method to
apply and the relevant parameters in ITB 35.2 corresponding to the retained
criteria.
SRCTIP/PCO/DFTQC/G/NCB-01, Lot A
A) DELIVERY SCHEDULE:
(I) EARLIEST: NA
(II) ACCEPTABLE: NA
III) FINAL: 120 DAYS.
NO CREDIT WILL BE GIVEN TO DELIVERIES BEFORE THE FINAL, AND BIDS

OFFERING DELIVERY AFTER THE FINAL DATE SHALL BE TREATED AS NON
RESPONSIVE.
b) Reduction in Bid Price for: Not Applicable
Deviation in payment schedule: Not Applicable
c) Cost of spare parts: Not Applicable
d) Spare parts and after sales service facilities: Not Applicable
e) Operating and maintenance costs. Not Applicable
31
SRCTIP/PCO/DFTQC/G/NCB-01, Lot B
a) Delivery schedule:
(i) Earliest: NA
(ii) Acceptable: NA
iii) Final: 90 days.
No credit will be given to deliveries before the final, and bids offering delivery
after the final date shall be treated as non responsive.
SRCTIP/PCO/DFTQC/G/NCB-01, Lot C
a) Delivery schedule:
(i) Earliest: NA
(ii) Acceptable: NA
iii) Final: 90 days.
No credit will be given to deliveries before the final, and bids offering delivery
after the final date shall be treated as non responsive.
32
Qualification Criteria
SRCTIP/PCO/DFTQC/G/NCB-01, Lot A
a) The offered goods/equipment shall be latest and in current production for a

minimum of 2 years. If the offered model is a new, the manufacturer must
have experience in producing the similar model for a minimum of 3 years.
b) The bidder shall furnish a list of users who had purchased same/similar
goods/equipment in last 3 years, and number of equipment sold to them, the
contract amount. They will be used as references to check the performance of
the offered model, if necessary.
c) The Bidder shall have a minimum of last 3 years overall experience in the
supply of Goods and related services. [In case of JV, at least one partner
must meet the requirement]
d) The Bidder shall have a minimum of last 2 years specific experience in the
supply of similar Goods and related services of nature, quantity and of contract
amount to government enterprises or private institutions. [In case of JV, at
least one partner must meet the requirement]
e) The minimum supply value of goods under a single contract within the last three
years should be NRs 8,800,000.00 [In case of JV, at least one partner must
meet the requirement]
f) The average annual turnover during the last 3 years years should be NRs
9,900,000.00. [In case of JV, at least one partner leading the joint venture
must meet the 40 percent of the total requirement, other partners must meet at
least 25 percent of the total requirement and all partners combined must meet
the total requirement.]
g) Bidder's net worth of fiscal year 2078/2079, calculated as the difference

between total assets and total liabilities should be positive. [In case of JV, all
partners must meet the requirement]
h) The minimum amount of liquid assets NRs 8,800,000.00. [In case of JV, at
i) All pending claims, arbitration, or other litigation shall represent in total not
more than 50 (fifty) percent of the Bidder‟s net worth. [In case of JV, all
33
SRCTIP/PCO/DFTQC/G/NCB-01, Lot B

must meet the 40 percent of the total requirement, other partners must
meet at least 25 percent of the total requirement and all partners
combined must meet the total requirement.]

i) Certificate drawn up after inspecting the goods to be procured by the

competent quality control institution or recognized agency in respect of the
specifications and quality of such goods.
j) All pending claims, arbitration, or other litigation shall represent in total not
34
SRCTIP/PCO/DFTQC/G/NCB-01, Lot C

must meet the 40 percent of the total requirement, other partners must
meet at least 25 percent of the total requirement and all partners
combined must meet the total requirement.]

i) Certificate drawn up after inspecting the goods to be procured by the

competent quality control institution or recognized agency in respect of the
specifications and quality of such goods.
j) All pending claims, arbitration, or other litigation shall represent in total not
---------------------------------------------------------------------------------------------
35
Section IV. Bidding Forms
Table of Forms
Bid Submission Form ......................................................................................... 39
Bidder's Information Form………………………………………………………………41
Joint Venture Information Form ....................................................................... 42
Financial Situation Form .................................................................................. 43
Average Annual Turnover Form ........................................................................ 44
Financial Resources Form ................................................................................ 45
Pending Litigation Form .................................................................................... 46
Specific Experience Form ................................................................................. 47
Price Schedule For Goods ................................................................................ 48
Bid Security ......................................................................................................... 49
Manufacturer’s Authorization Letter.................................................................. 51
36
1. Bid Submission Form
(The Bidder shall accomplish the Bid Submission Form in its Letter Head Clearly
showing the Bidders Complete name and address)
Date:
Contract No.:
Invitation for Bid No.:
To:
______________________________________________________________________
_
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document, including
Addenda No.: ;
(b) We offer to supply in conformity with the Bidding Document and in accordance with
the delivery schedule specified in the Schedule of Requirements, the following
Goods and Related Services:
;
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
;
(d) The discounts offered and the methodology for their application are:
(e) Our Bid shall be valid for a period of ….. [Insert date for 90 days validity] from the
date fixed for the bid submission deadline in accordance with the Bidding
Document, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(f) If our Bid is accepted, we commit to obtain a Performance Security in the amount as
specified in ITB 41 for the due performance of the Contract;
(g) We are not participating, as Bidders, in more than one Bid in this bidding process,
other than alternative offers in accordance with the Bidding Document;
(h) The following commissions, gratuities, or fees, if any, have been paid or are to be
paid with respect to the bidding process or execution of the Contract:
37
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
(i) We understand that this Bid, together with your written acceptance thereof included
in your notification of award, shall constitute a binding contract between us, until a
formal Contract is prepared and executed.
(j) We understand that you are not bound to accept the lowest evaluated bid or any
other bid that you may receive.
(k) We declare that, we have not been black listed as per ITB 3.4 and no conflict of
interest in the proposed procurement proceedings and we have not been punished
for an offense relating to the concerned profession or business.
(l) We agree to permit GoN/DP or its representative to inspect our accounts and
records and other documents relating to the bid submission and to have them
audited by auditors appointed by the GoN/DP.
Name
In the capacity of
Signed
Duly authorized to sign the Bid for and on behalf of
Date
38
2. Bidder's Information Form
[The Bidder shall fill in this Form. No alterations to its format shall be permitted and no
substitutions shall be accepted. In case of joint venture, each partner shall fill the
information in separate form.]
Date: ...................[insert date (as day, month and year) of Bid Submission]
Page ________ of_ ______ pages
1. Bidder‟s Legal Name
2 Bidder‟s Address:
3 Bidder‟s Country of Registration:
4. Bidder‟s Year of Registration:
5. Bidder‟s Legal Address in Country of

Registration
6. Bidder‟s Authorized Representative

Information:
…..Name:
Address:
Telephone/Fax numbers:
Email Address
7 Bidder‟s Telephone/Fax numbers:

8 Bidder‟s Email Address:
39
3. Joint Venture Information Form
Lead Name of the Lead Partner in Joint
Partner Venture:
Place of Firm Registration:
Place of Business Registration:
Percentage of Partnership:
Partner Name of the Partner in Joint Venture:
Partner Name of the Partner in Joint Venture:
Name of the partner authorized to sign

the Bid:
40
4. Financial Situation Form
Financial Data for Previous 3 Years (in NRs)
Year 1: Year 2: Year 3:
Information from Balance Sheet
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Information from Income Statement
Total Revenues
Profits Before Taxes
Profits After Taxes
 Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for the last three or above years, as indicated above, complying with the following
conditions?
 Historic financial statements must be audited by a certified accountant.
 Historic financial statements must be complete, including all notes to the financial statements.
 Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
41
5. Average Annual Turnover Form
The information supplied should be the Annual Turnover of the Bidder in terms of the amounts
billed to clients for each year for work in progress or completed to NRs at the end of the period
reported.
Annual Turnover Data for the Last …… Years
Amount
Year
(in NRs)
Average Annual Turnover
42
6. Financial Resources Form
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit,
and other financial means, available to meet the total cash flow requirements of the subject contract
Financial Resources
No. Source of financing Amount (in NRS)
Note : If Bidder's proposed source of financing is Line of Credits, the letter from
the Bank must be in the prescribed format and stated details/terms and
conditions as per the Bid Forms “Letter of Commitment for Bank’s Undertaking
for Line of Credit”
43
7. Pending Litigation Form
Each Bidder or member of a JV must fill in this form
Value of
Value of Pending
Year Matter in Dispute Pending Claim as a
Claim in NRs Percentage of
Net Worth
44
8. Specific Experience Form
Bidder‟s Legal Name: ___________________________ Date:
_____________________
IFB No.:
Page _______ of _______ pages
Similar Contract Information

Contract Identification ___________________________________
____
Award date ___________________________________
____
Completion date
___________________________________
____
Total Contract amount ________________________ Currency___

__ _
Description of the contract performed
by the Bidder
If partner in a JV or subcontractor,
specify participation of total Contract __________ ____________ Currency___
amount % _ _
Purchaser‟s Name: ___________________________________
____
Purchaser‟s Address:
Purchaser‟s Telephone/fax number: ___________________________________
____
Purchaser‟s E-mail:
___________________________________
____
___________________________________
____
___________________________________
____
The Bidder shall complete this form for each contract completed/in progress.
45
Price Schedule For Goods
Name of Bidder _________

Invitation for Bid No.: SRCTIP/PCO/DFTQC/G/NCB-01, Lot A
Unit price1
Total price (in
Country of
Item Description Quantity NRs)
Origin (in NRs)
(cols. 4x5)
In Figure In Words
1 2 3 4 5 4x5=6
Supply HPLC 1 set
Equipment.
Total
VAT
Grand Total
Name
In the capacity of
Signed
Date
1
The price shall include the cost of goods, other taxes already paid or payable on the components and raw material
used in the manufacture or assembly of the item, the customs duties, transportation cost up to final delivery,
insurance cost, unloading, and any other cost for (incidental) services, if any, related to the delivery of goods. All
risks and responsibilities up to the final destination including installation and commissioning of Goods, if
applicable, shall be borne by the Supplier.
46

Invitation for Bid No.: SRCTIP/PCO/DFTQC/G/NCB-01, Lot B
Unit price2
Total price (in
Country of
Origin (in NRs)
(cols. 4x5)
In Figure In Words
1 2 3 4 5 4x5=6
Hot Air Oven 2 set
Automatic Kjeldahl
Protein determination 1 set
set
Digital Blance 3 set
Hot plate 3 set
pH Meter 3 set
Biosafety Cabinet
1 set
Level ll
Total
VAT
Grand Total
Name
In the capacity of
Signed
Date
2
47

Invitation for Bid No.: SRCTIP/PCO/DFTQC/G/NCB-01, Lot C
Unit price3
Total price (in
Country of
Origin (in NRs)
(cols. 4x5)
In Figure In Words
1 2 3 4 5 4x5=6
Generator 1 set
Total
VAT
Grand Total
Name
In the capacity of
Signed
Date
3
48
Bid Security
[This is the format for the Bid Security to be issued on the letterhead by a Commercial
Bank or Financial Institution eligible to issue Bank Guarantee as per prevailing Law
specified by Nepal Rastra Bank]
[insert Bank’s Name, and Address of Issuing Branch or Office]
Date: [insert date]
Beneficiary: [insert Name and Address of Purchaser]
BID GUARANTEE No.: [insert number]
We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder")
intends to submit its bid to you (hereinafter called "the Bid") for the execution of [insert
name of contract] under Invitation for Bids No. [insert IFB number] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by
a bid guarantee.
At the request of the Bidder, we [insert name of Bank] hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of [insert amount in
figures][insert amount in words] upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Bidder is in breach of its obligation(s)
under the bid conditions, because the Bidder:
(a) has withdrawn or modifies its Bid:

during the period of bid validity specified by the Bidder on the Letter of Bid
or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders
(hereinafter “the ITB”); or
(c) changes the prices or substance of the bid while providing information pursuant to
clause 29.1 of ITB; or
(d) having been notified of the acceptance of its Bid by the Purchaser during the period of
bid validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses
to furnish the performance security, in accordance with the ITB.
(e) is involved in fraud and corruption in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you
upon the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon
the earlier of (i) our receipt of a copy of your notification to the Bidder of the name of the
successful Bidder; or (ii) thirty (30) days after the expiration of the Bidder‟s bid which
comes to be [insert the date].
49
Consequently, any demand for payment under this guarantee must be received by us at
the office on or before that date.
Name
In the capacity of
Signed
Duly authorized to sign the Bid Security for and on behalf of

Date
50
Letter of Commitment for Bank’s Undertaking
for Line of Credit
Bank’s Name, and Address of Issuing Branch or Office
(On Letter head of the commercial bank or Financial Institution)
Invitation for Bids No: Date:
Contract No:
Name of Contract :
To:
[Name and address of the Procuring

Entity]
CREDIT COMMITTMENT No: [insert number]

We have been informed that [name of Bidder] (hereinafter called “the Bidder”) intends to
submit to you its Bid (hereinafter called “the Bid”) for the execution of the Contract of
[description of Contract] under the above Invitation for Bids (hereinafter called “the
IFB”).
At the request of, and arrangement with, the Bidder, we [name and address of the Bank]
do hereby agree and undertake that [name and address of the Bidder] will be provided by
us with a revolving line of credit, in case awarded the Contract, for execution of the
Contract viz. [insert name of the Contract], for an amount not less than NRs …….[in figure]
( in words) for the sole purpose of the execution of the above Contract. This Revolving
Line of Credit will be maintained by us until [Insert “Initial Contract Period”] months by
the Procuring Entity.
In witness whereof, authorised representative of the Bank has hereunto signed and sealed
this Letter of Commitment.
Signature Signature
51
Manufacturer’s Authorization Letter
[This letter of authorisation should be on the letterhead of the manufacturer and should be
signed by the person with the proper authority to sign documents that are binding on the
manufacturer]
Date:
IFB No.:
To:
WHEREAS___________________________________________________ who are

official manufacturers of ____________________________________________________
having factories at
_______________________________________________________________ do hereby
authorize ______________________________________________ exclusively to submit a
Bid in relation to the Invitation for Bids indicated above, the purpose of which is exclusively
to provide the following Goods, manufactured by us ______________________________
and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the
General Conditions of Contract, with respect to the Goods offered by the above firm in
reply to this Invitation for Bids.
Name
In the capacity of:
Signed
Duly authorized to sign the Authorization for and on behalf of
Date
52
Section V. Schedule of Requirements
Contents
1. List of Goods and Related Services ............................................................... 53
2. Delivery and Completion Schedule ................................................................. 54
3. Technical Specifications .................................................................................. 55
4. Drawings ........................................................................................................... 56
53
List of Goods and Related Services
The purpose of the List of Goods and Related Services (LGRS) is to briefly
describe and specify the quantities of each of the Goods and Related Services
that the Purchaser requires the Bidder to include in its Bid. As a part of the SR, the
LGRS constitutes a Contract document and, therefore, it is a part of the Contract.
The Purchaser must prepare the LGRS and include it as a part of the SR.
“The Goods and Related Services are grouped in lots. Bidders shall have the
option of submitting Bids for one, any combination, or all of the lots. Lots
shall not be further sub-divided for the purpose of bidding.”
Lot No.: SRCTIP/PCO/DFTQC/G/NCB-1, Lot-A

Lot Name: HPCL Equipment
Item Name of Goods or Related Description Unit of Quantity
No. Services Measurement
1 HPCL Equipment As per Specification Set 1.0
Lot No.: SRCTIP/PCO/DFTQC/G/NCB-1, Lot-B

Lot Name: Other Laboratory Equipments.
1 Hot Air Oven As per Specification Set 2
2 Automatic Kjeldahl Protein As per Specification Set
1
determination set
3 Digital Blance As per Specification Set 3
4 Hot plate As per Specification Set 3
5 pH Meter As per Specification Set 3
6 Biosafety Cabinet Level ll As per Specification Set 1
Lot No.: SRCTIP/PCO/DFTQC/G/NCB-1, Lot-C

Lot Name: HPCL Equipment
1 Generator As per Specification Set 1.0
54
Delivery and Completion Schedule
Delivery shall take place in compliance with the dates, duration, and locations
indicated below:
Line
Item Description of Physical Final Delivery Date
Quantity
Goods unit Destination
No
1. 2 3 4 5 6
1 HPCL Equipment 1 Set NFFRL, 120 days from the
Kathmandu date of signing the
contract
Line
Item Description of Physical Delivery Date
Quantity Final Destination
Goods unit
No
1. 2 3 4 5 6
1 Set FIEQCO at 90 days from
Hot Air Oven 2 Krishnanagar-1 the date of
Mahendranagar-1 signing the
2 Automatic Kjeldahl Set NFFRL at contract
Protein determination 1 Kathmandu
set
3 Set FIEQCO at
Digital Blance Krishnanagar-1,
3
Mahendranagar-1,
Napalgunj-1,
4 Set FIEQCO at
Hot plate Krishnanagar-1,
3
Mahendranagar-1,
Napalgunj-1,
5 Set FIEQCO at
pH Meter Mahendranagar-1,
3
Napalgunj-1, TIA,
Kathmandu-1.
6 Biosafety Cabinet Level Set FTQCO at Pokhara
ll 1
55
Line
Item Description of Physical Final Delivery Date
Quantity
Goods unit Destination
No
1. 2 3 4 5 6
1 Generator 1 Set FTQCO at 90 days from the
Biratnagar date of signing the
contract
56
3. Technical Specifications
The purpose of the Technical Specifications (TS) is to define the technical
characteristics of the Goods and Related Services required by the Purchaser. The TS,
as a part of the schedule of Requirements (SR), constitute a Contract document and
are, therefore, a part of the Contract. The Purchaser must prepare the TS and include
them as a part of the Procurement Document, as applicable to each Contract.
Purchaser Requirement
Technical Bidders proposed Referenc The bidder

Description, e page shall state
Name of
Specifications, and no. as Fully
Goods
Item Standards Catlogue complaint/
or
No. proposed technical page Partially
Related
Particul Requireme description,specifica no. complaint/
Services tion and standard
ars nts Non
complaint
Particul details
ars
1 2 3 4 5 6
[Provide information on Column 1 to Column 4]

Bidders shall mention each and every proposed technical details as specified in the
technical
details.
57
Technical Specification for:
SRCTIP/PCO/DFTQC/G/NCB-01, Lot-A Laboratory Equipment HPLC
Component Specifications
Supplier should provide HPLC system which can run methods involving column having
sub 2 µm particle size.
Solvent Delivery Gradient mode: Supplier should provide either low pressure quaternary mixing
System system with additional mixture or binary solvent delivary system, which have facility to
select and run at least two solvents automatically from available four or more solvent
channels and there should be flexibility in choosing two of the four or more solvents
channels from software.
Maximum pressure: 1000 bar or better
Number of solvent line: At least 4
The pumping mechanism: Dual plunger/piston type
Operating flow rate: Programmable from 0.001 to 5 mL/min or better
Flow rate accuracy: ±1% or better
Flow rate precision: ±0.075% or better
Gradient range: Programmable from 0 to 100%
Gradient concentration accuracy: ±0.5% or better
Seal wash: Should be dedicated and programmable channel
Auto purge function: Should be automatic (no need to open the purge valve manually)
Safety feature: Pump should shut down automatically if solvent leaked
Online Degassing unit should be either separate module or integrated with system
Dgassing Unit Type: Membrane degassing
Auto-Sample Needle design: Flow through needle design for minimized sample carry-over
Injector with Vial capacity: ≥95 vials of 1.5/2 mL
Cooling
Allowable maximum pressure : Must be 1000 bar or better
Function
Injection volume: programmable
Injection cycle time: ≤30 sec/sample.
Injection accuracy: ±1% or better
Injection precision: ≤ 0.3% RSD
Injection linearity: ≥0.999
Carry over: ≤ 0.005% (with rinse)
Needle wash: Separate line for needle wash should be provided
Sample cooler: Progammable from 4 to 40°C or better
Temperature accuracy of cooler: ±2 °C or better
Derivatization facility: Must have facility of derivation reaction using various reagents
inside the autosampler
Column Oven Temperature range: Programmable from ambient-5°C to 90°C or better
with Cooling Temperature accuracy: ±0.5°C or better
Function
Column capacity:The column oven compartment should have capacity to contain at least
2 columns of 150 or 250 mm length.
Photodiode Light Source: Deuterium lamp (D2) or tungsten lamp (W) or both
Array Detector Wavelength range: 190 to 790 nm or better
Wavelength accuracy: ±1 nm or better
Wavelength precision: ±0.1 nm or better
-
Drift: ≤ 1*10 3 AU/h
Flow cell: Standard 10 mm
Slit width selection: Programmable
Number of signals: ≥ 8
Wavelength scanning facility: Must
Built-in temperature control: Must
58
Fluorescence Light source: Xenon lamp
Detector and Wavelength range: 200 to 750 nm or better
Separate Post
Wavelength accuracy: ±3 nm or better
Column
Derivatization Wavelength precision: ±0.25 nm or better
Unit Data channels: At least two channels (two wavelength per channel) for simulataneous
monitoring
S/N: Water Raman peak S/N ≥ 1000 (noise reference taken at dark value)
Built-in cell temperature control: Must
Derivatization unit: Compact and it should be photochemical derivatization type
Installation: Easy plug and play installation with HPLC
Derivatization mode: with UV light, no need of external reagent except mobile phase
from HPLC system
Reactor volume: 1 mL
Spare parts for derivatization unit: Spare UV lamp and spare reactor coil
Operating Supplier should provide genuine latest version of the software.
Software Software must display the online status of instruments
It should cover full digital instrument control, qualitative and quantitative processing,
report creation and self-diagnosis.
Software must have spectral analysis feature during data analysis from PDA. It should
provide features such as spectral libraries creation ,peak purity functions and 3-D view of
PDA data.
The reporting format should be flexible and easy to use in any desired format.
The software should allow automatic execution of system checks, auto-purge
Software must register all events (log files) audit trails for data, method, sequence and
report and it must be fully GLP/GMP compliance
Software should comply to 21CFR part 11 of US FDA
th
Branded Processor: Minimum 9 generation i5
Desktop
Computer with
RAM: 8GB or better
Printer Storage: 512 GB internal Solid State Drive (SSD) or better
OS: Windows 10, 64-bit genuine with valid license
Network ports: WiFi, LAN card,
Other ports: USB, HDMI,VGA
Optical drive: DVD RW
Monitor: 27 inch LED monitor with full HD display
Printer: Laser printer
Accessories: Standard keyboard, mouse and mouse pad should be provided
Supplier should provide warranty of at least 12 monts
Other Vial with cap and septa-300 Pcs
Accessories Solvent filtration unit with glass assembly and vacuum pump set from reputed brand- 1 set
Syringe membrane filter (0.22µm)-300 Pcs
Restriction capillary (2000 mm long, 0.12mm ID stainless steel capillary)- 1 pc
Zero dead volume union-5 pcs
Reservoir bottle 8 pcs, 1 liter with thread cap which has built in ports to insert pipe inside
bottle.
HPLC grade Methanol-5 litre
HPLC grade Acetonitrile-5 litre
HPLC grade Awater-5 litre
Immunoaffinity column for Aflatoxin- 50 pieces
Immunoaffinity column for ochratoxin- 50 pieces
Reservoir tray
Analytical Dedicated C-18 column, 150mm 4.6mm x 5µm - 1 pc for mycotoxin analysis
Column Dedicated C-18 column end capped, 75 mm*2.1 mm, 2.7-µm or similar - 1 pc each for
water soluble and fat soluble vitamin analysis
59
Dedicated C-18 end capped column, 150mm 4.6mm x 5µm - 1 pc for preservative
analysis
Stainless Steel upplier should provide SS table (SS 304) with Z black granite top which can withstand
Table with HPLC components.The dimension for table should be 170 cm*75 cm*75 cm (L*B*H). The
Granite top table should have one vertical close cabinet (with door) with internal two racks on one
side and three sliding racks on other side.
Online power 5 KVA online backup system consisting of at least 8 numbers of 12 volt, 100 Ah batteries.
back up Supplier should arrange necessary wires and battery rack for fitting. Supplier should
provide warranty of at least 12 months.
Installation, The system must be installed and commissioned by certified engineers.
Demonstration The supplier should provide all other necessary items for required installation and
and Operation
comissioning.
Local Service For complete support and maintenance of supplied HPLC, the supplier should have at
Engineer least one employed local certified service engineer trained on the installation,
maintenance and IQ/OQ validation of supplied HPLC.
Proof of Past Supplier should provide written evidence of installation and successful continuous
Supply and operation of at least one HPLC system from their quoted manufacturer inside Nepal in
Operation of past two years.
HPLC System
in Nepal
IQ/OQ Supplier should perform IQ/OQ as per manufacturer's protocol by certified service
engineer and provide report.
Hands on The supplier must provide abroad training for two laboratory personnel per HPLC for
Training operation, basic trouble shooting ,application related to mycotoxin, vitamin analysis and
preservative analysis in food and dietary suppliments by HPLC for at least 5 working days
at manufacturer's authorized training centre. The supplier must provide travel allowences
and daily allownces for all the particpants as per GON rules and regulations
Manufacturer's Must
Authorization
Letter
Instrument Should be provided
Manual
Warranty Minimum one year from the date of installation
Spare Parts Supplier should be committed for availability of spare parts for at least five years if any
Availability malfunction occur in the instrument
Annual Supplier should provide annual maintenance of installed HPLC system for at least one
Maintenance year after warranty period.
Vitamin Supplier should provide standards for vitamin A, D, thiamine, riboflavin, nicotinamide,
Standard pyridoxine, folic acid, cyanocobalamin,pantothenic acid, nicotinic acid, Ascorbic acid- 1
pack of each standard
Mycotoxin Supplier should provide standards of aflatoxin mix standard and ochratoxin standard
Standard solution- 1 pack of each standard
60
SRCTIP/PCO/DFTQC/G/NCB-01, Lot-B, Other Laboratory Equipments
S.N. Equipment Name Technical Specification
1 Hot Air Oven Capacity: 50 – 60 liters
Controller: Microprocessor digital controller
Temperature range: 40 to 250ºC
Fluctuation: ± 0.75ºC
Display: LED display/ PID controller
Over temperature indicator: visual/Acoustic
Shelves: 3
Exterior body: Easy clean powder coated body
Interior body: Stainless steel chamber
User manual: should be provided
Warranty: Minimum one year
Operation, installation and demonstration: must
Manufacturer's authorization: Required
2 Digital Balance (four Capacity: max. 250 g
digit) Calibration: One touch auto calibration (internal)
Least count: 0.0001 g
Pan size: 90 mm (circular)
Display: Digital
Keyboard and display: splash proof
Breeze shield: Must
Doors: 3 sliding doors
User manual: Should be provided
Warranty: minimum 1 year
3 Hot plate Body: Powder Coated Aluminum
Plate: Solid ceramic glass plate, 200 x 200 mm
Temp range: max 500°C
Display: digital LCD
Timer & alarm: 99 hr 59 min, error status & timer end
Controller: digital feedback controller with jog dials and touch button.
Safety: over temp, protection, hot op indication LED lamp
Warranty: Minimum 1 year
4 pH meter Type: Bench top
Measuring range: (pH range= 0.00 to 14.00 or more range ; temperature range= 0
0 0
C to 100 C; mV range=± 1000 mV;)
0
Resolution: (;pH=0.01pH; temp= 0.1 C; mV = 1mV)
0
Accuracy: ( pH = ± 0.002; temp= ± 0.5 C; ± 1mV)
Calibration points: minimum 3 point selectable
Temperature compensation: ATC and MTC
pH Electrode: Combined glass electrode, min 1m cable included, electrode holder .
Data storage: Yes with time and date

Display: large LCD with multiple display of pH, temperature and time
simultaneously.
Hold display function: Automatically lock reading when a stable reading is
established.
Electrode diagnostics: probe condition, response time and out of calibration
range.
61
Accessories: supplied with minimum 3 buffers CRM ( pH 4, 7 and 9) and other
essential accessories
Warranty: minimum one year
Operation , installation and demonstration: must
Instrument Manual: Should be provided
5 Automatic kjeldahl Digestion system
protein determination Heating block: 8 places * 250 ml tube
sets 0
Temperature control: up to 440 C.
Control system of heating block: microprocessor with LCD graphic display.
Temprature ramping: programmable heating.
Run completed alert: visual and audible signal.
0
Precision of heating block Temperature:±0.5 C
Count down:digital read out.
Error warning: warns on error or interruption during run.
Distillation system
Type: automatic dilution ,alkali addition and automatic drainage of waste from tubes
Program: Possibility to pre program alkali addition and distillate time

Analysis time: less than 4 minute to collect 100 ml distillate.
Display of distillation unit: digital
Housing: Alkali resistant technopolymer housing and splash head, Reagent lebel
warning.
Recovery:99.5%
Reproducibility: :±1%
Scrubber
Suction speed: Programmable, should have separate water and NaOH solution
vessel for efficient for neutralization of corrosive and toxic fumes
Titration and other accessories
Must be supplied with Automatic burette system, 16 heating tubes, 12 pieces 250
ml conical flask ,and other essential parts or accessories to perform protein
determination.
Operation/installation /demonstration and onsite training: must
Manufacturer's Authorization: Required
6 Biosafety Cabinet Internal Size (W*D*H): 1150*600*660 mmmm
Level II External Size (W*D*H): 1300*750*2250 mm
Tested Opening: 200 mm(8'') Safety Height
Max Opening: 420mm(17'')
Inflow Velocity: 0.53±0.025 m/s
Downflow Velocity: 0.33±0.025 m/s
ULPA Filter: Two, 99.9995% efficient at 0.12um. Filter life indicator.
Front Window: Motorized. Two-layer laminated toughened glass ≥ 5mm. Anti UV.
Noise: ≤67db
UV Lamp: 30W with UV timer and UV life indicator
Illuminating Lamp: 12W*2 LED Lamps
Illumination: ≥1000Lux
Display: LCD display having exhaust filter and downflow filter pressure, filter and
UV lamp working time, inflow and downflow velocity, filter life, humidity and temperature,
system working time display facility
Control System: Microprocessor
62
Airflow System: 70% air recirculation, 30% air exhaust
Visual and audio alarm: Filter replacement, front window at unsafe height,
abnormal airflow velocity.
Material: Work Zone: 304 stainless steel Main Body: Cold-rolled steel with anti-
bacteria powder coating.
Caster: Footmaster caster
Power Supply: AC220V±10%, 50/60Hz; 110V±10%, 60Hz
Standard Accessory: LED lamp, UV lamp*2, Base stand, Remote control, Foot
switch, Drain valve, Waterproof sockets*2
Manufacturer's Authorization: Required

SRCTIP/PCO/DFTQC/G/NCB-01, Lot-C, Generator
3 Phase Sound Proof Generator
1 Generator Power (kVA): 200 kVA
Fuel: Diesel
63
4. Drawings
The purpose of drawings is to specify locations, dimensions, materials to be used, stages

of manufacturing, and other characteristics of the Goods and Related Services. The
Purchaser should prepare such drawings, as needed, and include them in the
Procurement Document. Such drawings, as part of the SR, are Contract documents and,
therefore, shall be part of the Contract. Similarly, the Purchaser may request the Supplier
to provide drawings either with its Bid or for approval during Contract execution.
It is essential that the Purchaser prepares a List of Drawings showing all drawings it
supplied and issued as part of the Procurement Document.
64
Section VI. General Conditions of Contract
Table of Clauses
1. Definitions ................................................................................................... 58
2. Contract Documents ................................................................................... 59
3. Fraud and Corruption ................................................................................. 59
4. Interpretation .............................................................................................. 60
5. Language ................................................................................................... 61
6. Joint Venture, Consortium or Association ................................................... 61
7. Notices ....................................................................................................... 62
8. Governing Law ........................................................................................... 62
9. Settlement of Disputes ............................................................................... 62
10. Scope of Supply ......................................................................................... 62
11. Delivery ...................................................................................................... 62
12. Supplier‟s Responsibilities ........................................................................... 62
13. Purchaser‟s Responsibilities ........................................................................ 63
14. Contract Price ............................................................................................. 63
15. Terms of Payment ...................................................................................... 63
16. Taxes and Duties........................................................................................ 63
17. Performance Security ................................................................................. 63
18. Copyright .................................................................................................... 64
19. Confidential Information .............................................................................. 64
20. Subcontracting ............................................................................................. 65
21. Specifications and Standards ..................................................................... 65
22. Packing and Documents ............................................................................. 66
23. Insurance .................................................................................................... 66
24. Transportation.............................................................................................. 66
25. Inspections and Tests................................................................................. 66
26. Liquidated Damages................................................................................... 68
27. Warranty ..................................................................................................... 68
28. Patent Indemnity......................................................................................... 69
29. Limitation of Liability ................................................................................... 70
30. Change in Laws and Regulations ............................................................... 70
31. Force Majeure ............................................................................................ 70
32. Change Orders and Contract Amendments ............................................... 71
33. Extensions of Time ..................................................................................... 72
34. Termination ................................................................................................ 72
35. Assignment ............................................................................................... 74
65
Section VI. General Conditions of Contract
1. Definitions 1.1. The following words and expressions shall have the
meanings hereby assigned to them:
(a) “Contract” means the Agreement entered into
between the Purchaser and the Supplier, together
with the Contract Documents referred to therein,
including all attachments, appendices, and all
documents incorporated by reference therein.
(b) “Contract Documents” means the documents listed
in the Agreement, including any amendments
thereto.
(c) “Contract Price” means the price payable to the
Supplier as specified in the Agreement, subject to
such additions and adjustments thereto or
deductions there from, as may be made pursuant
to the Contract.
(d) “Day” means calendar day.
(e) “Delivery” means the transfer of the Goods from the
Supplier to the Purchaser in accordance with the
terms and conditions set forth in the Contract.
(f) “Completion” means the fulfillment of the Related
Services by the Supplier in accordance with the
terms and conditions set forth in the Contract.
(g) “GCC” means the General Conditions of Contract.
(h) “Goods” means all of the commodities, raw material,
machinery and equipment, and/or other materials that
the Supplier is required to supply to the Purchaser
under the Contract.
(i) “Purchaser‟s Country” is the country specified in
the Special Conditions of Contract (SCC).
(j) “Purchaser” means the entity purchasing the
Goods and Related Services, as specified in the
SCC.
(k) “Related Services” means the services incidental to
the supply of the goods, such as insurance,
installation, training and initial maintenance and
66
other similar obligations of the Supplier under the
Contract.
(l) “SCC” means the Special Conditions of Contract.
(m) “Subcontractor” means any natural person, private or
government entity, or a combination of the above,
including its legal successors or permitted assigns, to
whom any part of the Goods to be supplied or
execution of any part of the Related Services is
subcontracted by the Supplier.
(n) “Supplier” means the natural person, private or
government entity, or a combination of the above,
whose bid to perform the Contract has been
accepted by the Purchaser and is named as such
in the Agreement, and includes the legal
successors or permitted assigns of the Supplier.
(o) “GoN” means the Government of Nepal.
(p) “The Site,” where applicable, means the place named in
the SCC.
(q)“The Bank” means the Intenrantional Bank for Reconstruction
and Development / Interntaional Development Association
hereinafter called as “The World Bank”.
2. Contract 2.3 Subject to the order of precedence set forth in the
Documents Agreement, all documents forming the Contract (and all
parts thereof) are intended to be correlative,
complementary, and mutually explanatory.
3. Fraud and 3.1 If the Purchaser determines that the Supplier has
Corruption engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices, in competing for or in executing
the Contract, then the Purchaser may, after giving 14
days notice to the Supplier, terminate the Supplier's
employment under the Contract and the provisions of
GCC Clause 34.1 shall apply.
For the purposes of this Sub-Clause:
(i) “corrupt practice” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value
to influence improperly the actions of another party;
67
(ii) “fraudulent practice”4 is any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice”5 is an arrangement between two
or more parties designed to achieve an improper
purpose, including to influence improperly the actions
of another party;
(iv) “coercive practice”6 is impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation
or making false statements to investigators in order
to materially impede a GoN/DP investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or
from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of
the GoN/DP‟s inspection and audit rights provided
for under ITB Clause 3.5 and GCC Clause 25.
3.2 Without prejudice to any other rights of the Purchaser
under this Contract, GoN may blacklist a
Bidder/Supplier for its conduct for a period of one (1) to
three (3) years on the following grounds and
seriousness of the act committed by the bidder:
(a) if it is established that the Supplier committed acts
specified in ITB 3.2,
(b) if it is established later that the Bidder has
committed substantial defect in implementation of
4
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract execution.
5
“parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
6
a “party” refers to a participant in the procurement process or contract execution.
68
the contract or has not substantially fulfilled its
obligations under the contract or the completed
work is not of the specified quality as per the
contract.
4. Interpretation 4.1 If the context so requires it, singular means plural and
vice versa.
4.2 Entire Agreement
The Contract constitutes the entire agreement between
the Purchaser and the Supplier and supersedes all
communications, negotiations and agreements (whether
written or oral) of parties with respect thereto made prior
to the date of Contract.
4.3 Amendment
No amendment or other variation of the Contract shall be
valid unless it is in writing, is dated, expressly refers to the
Contract, and is signed by a duly authorized representative
of each party thereto.
4.4 Nonwaiver
(a) Subject to GCC Sub-Clause 4.5(b) below, no
relaxation, forbearance, delay, or indulgence by
either party in enforcing any of the terms and
conditions of the Contract or the granting of time by
either party to the other shall prejudice, affect, or
restrict the rights of that party under the Contract,
neither shall any waiver by either party of any
breach of Contract operate as waiver of any
subsequent or continuing breach of Contract.
(b) Any waiver of a party‟s rights, powers, or remedies
under the Contract must be in writing, dated, and
signed by an authorized representative of the party
granting such waiver, and must specify the right
and the extent to which it is being waived.
4.5 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition,
invalidity or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the
Contract.
69
5. Language 5.1 The Contract as well as all correspondence and
documents relating to the Contract exchanged by the
Supplier and the Purchaser, shall be written in the
language specified in the SCC. Supporting documents
and printed literature that are part of the Contract may be
in another language provided they are accompanied by
an accurate translation of the relevant passages in the
language specified in the SCC, in which case, for
purposes of interpretation of the Contract, this translation
shall govern.
5.2 The Supplier shall bear all costs of translation to the
governing language and all risks of the accuracy of
such translation.
6. Joint Venture, 6.1 If the Supplier is a joint venture, consortium, or
Consortium or association, all of the parties shall be jointly and
Association severally liable to the Purchaser for the fulfillment of
the provisions of the Contract and shall designate one
party to act as a leader with authority to bind the joint
venture, consortium, or association. A bidder can
submit only one bid either as a partner of the joint
venture or individually. The composition or the
constitution of the joint venture, consortium, or
association shall not be altered without the prior
consent of the Purchaser.
6.2 The Supplier shall not handover the responsibility of
the contract to any one member or some members of
Joint Venture or any other parties, not involved in the
contract.
7. Notices 7.1 Any Notice given by one party to the other pursuant to
the Contract shall be in writing to the address specified
in the SCC. The term “in writing” means
communicated in written form with proof of receipt.
7.2 A Notice shall be effective when delivered or on the
Notice‟s effective date, whichever is later.
8. Governing 8.1 The Contract shall be governed by and interpreted in
Law accordance with the laws of Nepal.
9. Settlement of 9.1 The Purchaser and the Supplier shall make every
Disputes effort to settle amicably by direct negotiation any
disagreement or dispute arising between them under
or in connection with the Contract.
9.2 Any dispute between the Parties as to matters arising
pursuant to this Contract which cannot be settled
70
amicably within thirty (30) days after receipt by one
Party of the other Party„s request for such amicable
settlement may be referred to Arbitration within 30
days after the expiration of amicable settlement period
as specified in SCC.
10. Scope of 10.1 Subject to the SCC, the Goods and Related Services
Supply to be supplied shall be as specified in Section V,
Schedule of Requirements.
10.2 Unless otherwise stipulated in the Contract, the Scope
of Supply shall include all such items not specifically
mentioned in the Contract but that can be reasonably
inferred from the Contract as being required for
attaining Delivery and Completion of the Goods and
Related Services as if such items were expressly
mentioned in the Contract.
11. Delivery 11.1 Subject to GCC Sub-Clause 31.1, the Delivery of the
Goods and Completion of the Related Services shall be
in accordance with the Delivery and Completion
Schedule specified in the Section V, Schedule of
Requirements. The details of documents to be furnished
by the Supplier are specified in the SCC.
12. Supplier’s 12.1 The Supplier shall supply all the Goods and Related
Responsibilitie Services included in the Scope of Supply in
s accordance with GCC Clause 10, and the Delivery and
Completion Schedule, as per GCC Clause 11.
13. Purchaser’s 13.1 Whenever the supply of Goods and Related Services
Responsibilitie requires that the Supplier obtain permits, approvals,
s and import and other licenses from public authorities in
Nepal, the Purchaser shall, if so required by the
Supplier, make its best effort to assist the Supplier in
complying with such requirements in a timely and
expeditious manner.
13.2 The Purchaser shall pay all costs involved in the
performance of its responsibilities, in accordance with
GCC Sub-Clause 13.1.
14. Contract Price 14.1 The Contract Price shall be as specified in the
Agreement subject to any additions and adjustments
thereto, or deductions there from, as may be made
pursuant to the Contract.
14.2 Prices charged by the Supplier for the Goods delivered
and the Related Services performed under the
71
Contract shall not vary from the prices quoted by the
Supplier in its bid, with the exception of any price
adjustments authorized in the SCC.
15. Terms of 15.1 The Contract Price shall be paid in Nepalese
Payment Currency.
15.2 The Supplier‟s request for payment shall be made to
the Purchaser in writing, accompanied by invoices
describing, as appropriate, the Goods delivered and
Related Services performed, and by the documents
submitted pursuant to GCC Clause 11 and upon
fulfillment of all the obligations stipulated in the
Contract.
15.3 Payments shall be made promptly by the Purchaser,
no later than thirty (30) days after submission of an
invoice or request for payment by the Supplier, and the
Purchaser has accepted it.
16. Taxes and 16.1 For goods supplied, the Supplier shall be entirely
Duties responsible for all taxes, duties, license fees, etc.,
incurred until delivery of the contracted Goods to the
Purchaser
17. Performance 17.1 The Supplier shall, within fifteen (15) days of the
Security receipt of notification of Contract award, provide a
Performance Security for the due performance of the
Contract in the amounts and currencies specified in
the SCC.
17.2 The proceeds of the Performance Security shall be
payable to the Purchaser as compensation for any loss
resulting from the Supplier‟s failure to complete its
obligations under the Contract.
17.3 The Performance Security shall be denominated in the
currency of the Contract, or in a freely convertible
currency acceptable to the Purchaser, and shall be in
one of the forms stipulated by the Purchaser in the
SCC, or in another form acceptable to the Purchaser.
17.4 The Performance Security shall be discharged by the
Purchaser and returned to the Supplier not later than
thirty (30) days following the date of completion of the
Supplier‟s performance obligations under the Contract,
including any warranty obligations, unless specified
otherwise in the SCC.
18. Copyright 18.1 The copyright in all drawings, documents, and other
72
materials containing data and information furnished to
the Purchaser by the Supplier herein shall remain
vested in the Supplier, or, if they are furnished to the
Purchaser directly or through the Supplier by any third
party, including suppliers of materials, the copyright in
such materials shall remain vested in such third party.
19. Confidential 19.1 The Purchaser and the Supplier shall keep confidential
Information and shall not, without the written consent of the other
party hereto, divulge to any third party any documents,
data, or other information furnished directly or indirectly
by the other party hereto in connection with the
Contract, whether such information has been furnished
prior to, during or following completion or termination of
the Contract. Notwithstanding the above, the Supplier
may furnish to its Subcontractor such documents, data,
and other information it receives from the Purchaser to
the extent required for the Subcontractor to perform its
work under the Contract, in which event the Supplier
shall obtain from such Subcontractor an undertaking of
confidentiality similar to that imposed on the Supplier
under GCC Clause 19.
19.2 The Purchaser shall not use such documents, data, and
other information received from the Supplier for any
purposes unrelated to the Contract. Similarly, the
Supplier shall not use such documents, data, and other
information received from the Purchaser for any purpose
other than the design, procurement, or other work and
services required for the performance of the Contract.
19.3 The obligation of a party under GCC Sub-Clauses 19.1
and 19.2 above, however, shall not apply to
information that:
(a) the Purchaser or Supplier need to share with the
Donor for Donor funded project or other institutions
participating in the financing of the Contract;
(b) now or hereafter enters the public domain through
no fault of that party;
(c) can be proven to have been possessed by that
party at the time of disclosure and which was not
previously obtained, directly or indirectly, from the
other party; or
(d) otherwise lawfully becomes available to that party
73
from a third party that has no obligation of
confidentiality.
19.4 The above provisions of GCC Clause 19 shall not in
any way modify any undertaking of confidentiality
given by either of the parties hereto prior to the date of
the Contract in respect of the Supply or any part
thereof.
19.5 The provisions of GCC Clause 19 shall survive
completion or termination, for whatever reason, of the
Contract.
20. Subcontracting 20.1 The Supplier shall notify the Purchaser in writing of all
subcontracts awarded under the Contract if not already
specified in the Bid. Subcontracting shall in no event
relieve the Supplier from any of its obligations, duties,
responsibilities, or liability under the Contract.
20.2 Subcontracts shall comply with the provisions of GCC
Clauses 3.
21. Specifications 21.1 Technical Specifications and Drawings
and Standards
(a) The Supplier shall ensure that the Goods and
Related Services comply with the technical
specifications and other provisions of the Contract.
(b) The Supplier shall be entitled to disclaim
responsibility for any design, data, drawing,
specification or other document, or any
modification thereof provided or designed by or on
behalf of the Purchaser, by giving a notice of such
disclaimer to the Purchaser.
(c) The Goods and Related Services supplied under

this Contract shall conform to the standards
mentioned in Section V, Schedule of Requirements
and, when no applicable standard is mentioned,
the standard shall be equivalent or superior to the
official standards whose application is appropriate
to the country of origin of the Goods.
21.2 Wherever references are made in the Contract to
codes and standards in accordance with which it shall
be executed, the edition or the revised version of such
codes and standards shall be those specified in the
Section V, Schedule of Requirements Requirements.
74
During Contract execution, any changes in any such
codes and standards shall be applied only after
approval by the Purchaser and shall be treated in
accordance with GCC Clause 32.
22. Packing and 22.1 The Supplier shall provide such packing of the Goods
Documents as is required to prevent their damage or deterioration
during transit to their final destination, as indicated in
the Contract. During transit, the packing shall be
sufficient to withstand, without limitation, rough handling
and exposure to extreme temperatures, salt and
precipitation, and open storage. Packing case size and
weights shall take into consideration, where
appropriate, the remoteness of the final destination of
the Goods and the absence of heavy handling facilities
at all points in transit.
22.2 The packing, marking, and documentation within and
outside the packages shall comply strictly with such
special requirements as shall be expressly provided for
in the Contract, including additional requirements, if
any, specified in the SCC, and in any other instructions
ordered by the Purchaser.
23. Insurance 23.1 Unless otherwise specified in the SCC, the Goods
supplied under the Contract shall be fully insured, in a
freely convertible currency against loss or damage
incidental to manufacture or acquisition, transportation,
storage, and delivery, in the manner specified in the
SCC.
24. Transportation 24.1 Unless otherwise specified in the SCC, obligations for
transportation of the Goods shall be in accordance
with the Incoterms specified in Sections V, Schedule of
Requirements.
25. Inspections 25.1 The Supplier shall at its own expense and at no cost to
and Tests the Purchaser carry out all such tests and/or
inspections of the Goods and Related Services as are
specified in Sections V, Schedule of Requirements.
25.2 The inspections and tests may be conducted on the
premises of the Supplier or its Subcontractor, at point
of delivery, and/or at the final destination of the Goods,
or in another place in Nepal as specified in the SCC.
Subject to GCC Sub-Clause 25.3, if conducted on the
premises of the Supplier or its Subcontractor, all
reasonable facilities and assistance, including access
to drawings and production data, shall be furnished to
the inspectors at no charge to the Purchaser.
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25.3 The Purchaser or its designated representative shall be
entitled to attend the tests and/or inspections referred to
in GCC Sub-Clause 25.2, provided that the Purchaser
bear all of its own costs and expenses incurred in
connection with such attendance including, but not
limited to, all traveling and board and lodging expenses.
25.4 Whenever the Supplier is ready to carry out any such
test and inspection, it shall give a reasonable advance
notice, including the place and time, to the Purchaser.
The Supplier shall obtain from any relevant third party
or manufacturer any necessary permission or consent
to enable the Purchaser or its designated
representative to attend the test and/or inspection.
25.5 The Purchaser may require the Supplier to carry out any
test and/or inspection not required by the Contract but
deemed necessary to verify that the characteristics and
performance of the Goods comply with the technical
specifications, codes and standards under the Contract,
provided that the Supplier‟s reasonable costs and
expenses incurred in the carrying out of such test and/or
inspection shall be added to the Contract Price. Further,
if such test and/or inspection impede the progress of
manufacturing and/or the Supplier‟s performance of its
other obligations under the Contract, due allowance will
be made in respect of the Delivery Dates and
Completion Dates and the other obligations so affected.
25.6 The Supplier shall provide the Purchaser with a report
of the results of any such test and/or inspection.
25.7 The Purchaser may reject any Goods or any part
thereof that fail to pass any test and/or inspection or do
not conform to the specifications. The Supplier shall
either rectify or replace such rejected Goods or parts
thereof or make alterations necessary to meet the
specifications at no cost to the Purchaser, and shall
repeat the test and/or inspection, at no cost to the
Purchaser, upon giving a notice pursuant to GCC Sub-
Clause 25.4.
25.8 The Supplier agrees that neither the execution of a test
and/or inspection of the Goods or any part thereof, nor
the attendance by the Purchaser or its representative,
nor the issue of any report pursuant to GCC Sub-
Clause 25.6, shall release the Supplier from any
warranties or other obligations under the Contract.
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26. Liquidated 26.1 Except as provided under GCC Clause 31, if the
Damages Supplier fails to deliver any or all of the Goods or
perform the Related Services within the period
specified in the Contract, the Purchaser may without
prejudice to all its other remedies under the Contract,
deduct from the Contract Price, as liquidated
damages, a sum equivalent to the percentage
specified in the SCC of the Contract Price for each
week or part thereof of delay until actual delivery or
performance, up to a maximum deduction of the
percentage specified in the SCC. Once the maximum
is reached, the Purchaser may terminate the Contract
pursuant to GCC Clause 34.
27. Warranty 27.1 The Supplier warrants that all the Goods are new,
unused, and of the most recent or current models, and
that they incorporate all recent improvements in design
and materials, unless provided otherwise in the
Contract.
27.2 Subject to GCC Sub-Clause 21.1, the Supplier further
warrants that the Goods shall be free from defects
arising from any act or omission of the Supplier or
arising from design, materials, and workmanship,
under normal use in the conditions prevailing in Nepal.
27.3 Unless otherwise specified in the SCC, the warranty
shall remain valid for twelve (12) months after the
Goods, or any portion thereof as the case may be,
have been delivered to and accepted at the final
destination indicated in the SCC.
27.4 The Purchaser shall give Notice to the Supplier stating
the nature of any such defects together with all
available evidence thereof, promptly following the
discovery thereof. The Purchaser shall afford all
reasonable opportunity for the Supplier to inspect such
defects.
27.5 Upon receipt of such Notice, the Supplier shall, within
the period specified in the SCC, expeditiously repair or
replace the defective Goods or parts thereof, at no
cost to the Purchaser.
27.6 If having been notified, the Supplier fails to remedy the
defect within the period specified in the SCC, the
Purchaser may proceed to take within a reasonable
period such remedial action as may be necessary, at
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the Supplier‟s risk and expense and without prejudice
to any other rights which the Purchaser may have
against the Supplier under the Contract.
28. Patent 28.1 The Supplier shall, subject to the Purchaser‟s

Indemnity compliance with GCC Sub-Clause 28.2, indemnify and
hold harmless the Purchaser and its employees and
officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses,
damages, costs, and expenses of any nature, including
attorney‟s fees and expenses, which the Purchaser may
suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered
design, trademark, copyright, or other intellectual
property right registered or otherwise existing at the date
of the Contract by reason of:
(a) the installation of the Goods by the Supplier or the
use of the Goods in the country where the Site is
located; and
(b) the sale in any country of the products produced by
the Goods.
Such indemnity shall not cover any use of the Goods or
any part thereof other than for the purpose indicated by
or to be reasonably inferred from the Contract, neither
any infringement resulting from the use of the Goods or
any part thereof, or any products produced thereby in
association or combination with any other equipment,
plant, or materials not supplied by the Supplier, pursuant
to the Contract.
28.2 If any proceedings are brought or any claim is made
against the Purchaser arising out of the matters
referred to in GCC Sub-Clause 28.1, the Purchaser
shall promptly give the Supplier a notice thereof, and
the Supplier may at its own expense and in the
Purchaser‟s name conduct such proceedings or claim
and any negotiations for the settlement of any such
proceedings or claim.
28.3 If the Supplier fails to notify the Purchaser within thirty
(30) days after receipt of such notice that it intends to
conduct any such proceedings or claim, then the
Purchaser shall be free to conduct the same on its own
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behalf.
28.4 The Purchaser shall, at the Supplier‟s request, afford
all available assistance to the Supplier in conducting
such proceedings or claim, and shall be reimbursed by
the Supplier for all reasonable expenses incurred in so
doing.
28.5 The Purchaser shall indemnify and hold harmless the
Supplier and its employees, officers, and
Subcontractors from and against any and all suits,
actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of
any nature, including attorney‟s fees and expenses,
which the Supplier may suffer as a result of any
infringement or alleged infringement of any patent,
utility model, registered design, trademark, copyright,
or other intellectual property right registered or
otherwise existing at the date of the Contract arising
out of or in connection with any design, data, drawing,
specification, or other documents or materials provided
or designed by or on behalf of the Purchaser.
29. Limitation of 29.1 Except in cases of gross negligence or willful
Liability misconduct :
(a) neither party shall be liable to the other party for
any indirect or consequential loss or damage, loss
of use, loss of production, or loss of profits or
interest costs, provided that this exclusion shall not
apply to any obligation of the Supplier to pay
liquidated damages to the Purchaser; and
(b) the aggregate liability of the Supplier to the
Purchaser, whether under the Contract, in tort, or
otherwise, shall not exceed the total Contract
Price, provided that this limitation shall not apply to
the cost of repairing or replacing defective
equipment, or to any obligation of the Supplier to
indemnify the Purchaser with respect to patent
infringement.
30. Change in 30.1 Unless otherwise specified in the Contract, if after the
Laws and date of the Invitation for Bids, any law, regulation,
Regulations ordinance, order or bylaw having the force of law is
enacted, promulgated, abrogated, or changed in Nepal
where the Site is located (which shall be deemed to
include any change in interpretation or application by
79
the competent authorities) that subsequently affects the
Delivery Date and/or the Contract Price, then such
Delivery Date and/or Contract Price shall be
correspondingly increased or decreased, to the extent
that the Supplier has thereby been affected in the
performance of any of its obligations under the
Contract. Notwithstanding the foregoing, such
additional or reduced cost shall not be separately paid
or credited if the same has already been accounted for
in the price adjustment provisions where applicable, in
accordance with GCC Clause 14.
31. Force Majeure 31.1 The Supplier shall not be liable for forfeiture of its
Performance Security, liquidated damages, or
termination for default if and to the extent that its delay
in performance or other failure to perform its
obligations under the Contract is the result of an event
of Force Majeure.
31.2 For purposes of this Clause, “Force Majeure” means
an event or situation beyond the control of the Supplier
that is not foreseeable, is unavoidable, and its origin is
not due to negligence or lack of care on the part of the
Supplier. Such events may include, but not be limited
to, acts of the Purchaser in its sovereign capacity,
wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes.
31.3 If a Force Majeure situation arises, the Supplier shall
promptly notify the Purchaser in writing of such
condition and the cause thereof. Unless otherwise
directed by the Purchaser in writing, the Supplier shall
continue to perform its obligations under the Contract
as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not
prevented by the Force Majeure event.
32. Change 32.1 The Purchaser may at any time order the Supplier
Orders and through Notice in accordance GCC Clause 7, to make
Contract changes within the general scope of the Contract in any
Amendments one or more of the following:
(a) drawings, designs, or specifications, where Goods
to be furnished under the Contract are to be
specifically manufactured for the Purchaser;
(b) the method of shipment or packing;
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(c) the place of delivery; and
(d) the Related Services to be provided by the Supplier.
32.2 If any such change causes an increase or decrease in
the cost of, or the time required for, the Supplier‟s
performance of any provisions under the Contract, an
equitable adjustment shall be made in the Contract
Price or in the Delivery and Completion Schedule, or
both, and the Contract shall accordingly be amended.
Any claims by the Supplier for adjustment under this
Clause must be asserted within thirty (30) days from
the date of the Supplier‟s receipt of the Purchaser‟s
change order.
32.3 Prices to be charged by the Supplier for any Related
Services that might be needed but which were not
included in the Contract shall be agreed upon in
advance by the parties and shall not exceed the
prevailing rates charged to other parties by the
Supplier for similar services.
33. Extensions of 33.1 If at any time during performance of the Contract, the
Time Supplier or its Subcontractors should encounter
conditions impeding timely delivery of the Goods or
completion of Related Services pursuant to GCC
Clause 11, the Supplier shall promptly, and not later
than seven (7) days of occurenece of such conditions
or event, notify the Purchaser in writing of the delay, its
likely duration, and its cause. As soon as practicable
after receipt of the Supplier‟s notice, the Purchaser
shall evaluate the situation and may at its discretion
extend the Supplier‟s time for performance, in which
case the extension shall be ratified by the parties by
amendment of the Contract.
33.2 Except in case of Force Majeure, as provided under
GCC Clause 31, a delay by the Supplier in the
performance of its Delivery and Completion obligations
shall render the Supplier liable to the imposition of
liquidated damages pursuant to GCC Clause 26,
unless an extension of time is agreed upon, pursuant
to GCC Sub-Clause 34.1.
34. Termination 34.1 Termination for Default
(a) The Purchaser, without prejudice to any other
remedy for breach of Contract, by Notice of default
81
sent to the Supplier, may terminate the Contract in
whole or in part:
(i) if the Supplier fails to deliver any or all of the
Goods within the period specified in the
Contract, or within any extension thereof
granted by the Purchaser pursuant to GCC
Clause 33; or
(ii) if the Supplier fails to perform any other
obligation under the Contract.
(iii) The supplier uses the advance payment for
matters other than the contarctual
obligations.
(iv) The purchaser may terminate the contract at
any time in the following condition:.
(a) does not commence the work as per the
contract,
(b) abandons the contract with out
completing,
(c) fails to achieve progress as per the
contract.
(b) In the event the Purchaser terminates the Contract
in whole or in part, pursuant to GCC Clause
34.1(a), the Purchaser may procure, upon such
terms and in such manner as it deems appropriate,
Goods or Related Services similar to those
undelivered or not performed, and the Supplier
shall be liable to the Purchaser for any additional
costs for such similar Goods or Related Services.
However, the Supplier shall continue performance
of the Contract to the extent not terminated.
(c) if the Supplier, in the judgment of the Purchaser
has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices, as defined in
GCC Clause 3, in competing for or in executing the
Contract.
34.2 Termination for Insolvency

The Purchaser may at any time terminate the Contract by
giving Notice to the Supplier if the Supplier becomes
82
bankrupt or otherwise insolvent. In such event,
termination will be without compensation to the Supplier,
provided that such termination will not prejudice or affect
any right of action or remedy that has accrued or will
accrue thereafter to the Purchaser.
34.3 Termination for Convenience
(a) The Purchaser, by written Notice sent to the
Supplier, may terminate the Contract, in whole or in
part, at any time for its convenience. The Notice of
termination shall specify that termination is for the
Purchaser‟s convenience, the extent to which
performance of the Supplier under the Contract is
terminated, and the date upon which such
termination becomes effective.
(b) The Goods that are complete and ready for
shipment within seven (7) days after the Supplier‟s
receipt of the Notice of termination shall be
accepted by the Purchaser at the Contract terms
and prices. For the remaining Goods, the
Purchaser may elect:
(i) To have any portion completed and delivered
at the Contract terms and prices; and/or
(ii) To cancel the remainder and pay to the
Supplier an agreed amount for partially
completed Goods and Related Services and
for materials and parts previously procured
by the Supplier.
35. Assignment 35.1 Neither the Purchaser nor the Supplier shall assign, in
whole or in part, their obligations under this Contract,
except with prior written consent of the other party.
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APPENDIX TO GENERAL CONDITIONS
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bank‟s Anti-Corruption Guidelines and this annex apply with respect to
procurement under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors,
sub-consultants, service providers or suppliers; any agents (whether declared or not);
and any of their personnel, observe the highest standard of ethics during the
procurement process, selection and contract execution of Bank-financed contracts, and
refrain from Fraud and Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as
follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence improperly the actions of
another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
Bank investigation into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or
84
(b) acts intended to materially impede the exercise of the Bank‟s
inspection and audit rights provided for under paragraph 2.2 e.
below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-
consultants, sub-contractors, service providers, suppliers and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices in competing for the contract in
question;
c. In addition to the legal remedies set out in the relevant Legal Agreement,
may take other appropriate actions, including declaring misprocurement, if
the Bank determines at any time that representatives of the Borrower or of a
recipient of any part of the proceeds of the loan engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices during the
procurement process, selection and/or execution of the contract in question,
without the Borrower having taken timely and appropriate action satisfactory
to the Bank to address such practices when they occur, including by failing to
inform the Bank in a timely manner at the time they knew of the practices;
d. Pursuant to the Bank‟s Anti- Corruption Guidelines and in accordance with
the Bank‟s prevailing sanctions policies and procedures, may sanction a firm
or individual, either indefinitely or for a stated period of time, including by
publicly declaring such firm or individual ineligible (i) to be awarded or
otherwise benefit from a Bank-financed contract, financially or in any other
manner;7 (ii) to be a nominated8 sub-contractor, consultant, manufacturer or
supplier, or service provider of an otherwise eligible firm being awarded a
Bank-financed contract; and (iii) to receive the proceeds of any loan made by
the Bank or otherwise to participate further in the preparation or
implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals
documents and in contracts financed by a Bank loan, requiring (i) bidders
(applicants/proposers), consultants, contractors, and suppliers, and their
sub-contractors, sub-consultants, service providers, suppliers, agents
personnel, permit the Bank to inspect9 all accounts, records and other
7
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor,
nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii)
entering into an addendum or amendment introducing a material modification to any existing contract.
8
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-
qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the
qualification requirements for the particular bid; or (ii) appointed by the Borrower.
9
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as
evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity
includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies
thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format)
85
documents relating to the procurement process, selection and/or contract
execution, and to have them audited by auditors appointed by the Bank.
deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals;
performing physical inspections and site visits; and obtaining third party verification of information.
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Section VII. Special Conditions of Contract
The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall
prevail over those in the GCC.
GCC 1.1(i) The Purchaser‟s country is: Nepal

GCC 1.1(j) The Purchaser is: Department of Food Technology and Quality Control,
Babarmahal, Kathmandu.
GCC 1.1 (p) The Site is: Babarmahal, Kathmandu
GCC 5.1 The language shall be: English
GCC 7.1 For notices, the Purchaser‟s address shall be:
Name and Address of the Purchaser: Department of Food Technology and
Quality Control, Babarmahal, Kathmandu .
Telephone number: 01-4262369
Facsimile number: 01-4262337
e-mail Address: [email protected]
For notices, the Suppliers‟s address shall be: [insert full name and address of
Suppliers including telephone number, facsimile number and electronic
mail address (if applicable)]
Name and Address of the Supplier:
Telephone number:
Facsimile number:
e-mail Address:
GCC 9.2 In case of arbitration, the arbitration shall be conducted in accordance with the
arbitration procedures published by the Nepal Council of Arbitration (NEPCA) at
Kathmandu.
GCC 10.1 The Scope of Supply shall be defined in: Section V, Schedule of Requirements
[insert “Section V, Schedule of Requirements” or indicate where the Scope of
Supply shall be defined. At the time of awarding the Contract, the Purchaser
shall specify any change in the Scope of Supply with respect to Section V,
Schedule of Requirements included in the Bidding Document. Such changes
may be due, for instance, if the quantities of Goods and Related Services are
increased or decreased at the time of award.]
GCC 11.1 Upon delivery of the Goods to the transporter, the Supplier shall notify the
Purchaser and send the following documents to the Purchaser:
87
a) Copies of the Supplier‟s invoice showing the description of the Goods,
quantity, unit price, and total amount;
b) Copy of packing list indentifying the contents of each package;
c) Delivery note, railway receipt, or truck receipt;
d) Manufacturer‟s or Supplier‟s warranty certificate;
e) Certificate of origin; and
f) Inspection certificate issued by the nominated inspection agency, and the
Supplier‟s factory inspection report;
The Purchaser shall receive the above documents before the arrival of the Goods
and, if not received, the Supplier will be responsible for any consequent
expenses.
GCC 14.2 The prices charged for the Goods delivered and the Related Services to be
performed shall be fixed for the duration of the contract.
GCC 15.1 The terms of payment to be made to the Supplier under the contract shall be as
follows:
1. The payment shall be made:
(a) Through the District Treasury Controller Office.
GCC 15.1 Payments shall be made in Nepalese Rupees in the following manner:
On Delivery and acceptance: One Hundred (100)] percent. of the Contract
Price of the Goods and related services delivered shall be paid within thirty
(30) days of receipt of the Goods and related services and upon submission
of a claim supported by the documents specified in GCC 11.1.
GCC 17.1 The Supplier shall provide a Performance Security as follows:

the performance security amount shall be 5 %.
The Bid Price shall be inclusive of Value Added Tax.
The amount of the Performance Security shall be in Nepalese Rupees, and

shall be valid for the period of 13 months.
The performance security shall be forfeited, in case the Supplier fails to

complete the contractual obligation and rectify the defects within warranty
period.
GCC 17.3 The types of acceptable Performance Securities are: A bank guarantee issued
by Commercial Bank or Financial Institution eligible to issue Bank
Guarantee as per prevailing Law located in Nepal or reputable bank located
abroad, acceptable to the Purchaser, in the format included in Section VIII,
Contract Forms, Performance Security issued by foreign Bank must be
counter – guaranteed by Commercial Bank or Financial Institution eligible
to issue Bank Guarantee as per prevailing Law in Nepal.
88
GCC 17.4 Discharge of the Performance Security shall take place: in accordance with
GCC Sub-Clause 17.4
GCC 22.2 A complete packing list indicating the content of each package shall be enclosed
in a water proof envelope and shall be secured to the outside of the packing case.
In addition, each package shall be marked with indelible ink/paint in bold letters,
as follows:
a. Contract number :
b. Name and address of the Purchaser:
c. Country of origin,
d. Gross weight
e. Net weight
f. Package number of total number of packages
g. Brief description of content
h. [Insert any other additional marking]
Upright markings, where appropriate, shall be placed on all four vertical sides of
the package.
All materials used for packing shall be environmentally neutral.
[Note: The above requirements should be reviewed on a case-by-case basis, with

amendments being made as necessary]
GCC 23.1 The insurance coverage shall be in an amount equal to 110 percent of the
contract price of the Goods on “All Risks” basis, including War Risks, riots and/or
Strikes.
GCC 24.1 Obligations for transportation of the Goods shall be in accordance with:
The supplier is required under the contract to transport the Goods to a

specified place of final destination, defined as the project site, transport to
such place of destination including insurance and storage, as specified in
the contract, shall be arranged by the supplier, and related costs shall be
included in the contract price.
GCC 25.2 Tests and Inspections specified in Section V, Schedule of Requirements, shall be
carried out at the following times or milestones, and places: [Depending on the
type of Goods to be procured, there may be a need to provide for special
inspections and/or tests to be carried out. In particular, this will be the case
when the Goods are designed specifically for the purpose of the Project in
question or where due to the nature of the Goods, there is a need to ensure
compliance with certain technical specifications and requirements at an
early stage. If there is a need for such special inspections and/or tests, the
SSC should mention specific testing methods and the timing or milestones
and places where the tests and/or inspections are to be carried out. For
example insert for each test:
Goods: _________________________________________________
Type of Test: ____________________________________________
Time or Milestone: _______________________________________
Place: __________________________________________________
Address: _______________________________________________
Country:______________________________________________
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GCC 26.1 The applicable rate of liquidated damages shall be: [insert rate, i. e 0.05 percent
of the Contract Price per day.]
GCC 26.1 The maximum number of liquidated damages shall be: ten (10) percent of the
Contract Price.
The contract shall be terminated, if liquidated damages exceed 10 percent of the

Contract Price and blacklisting process shall be initiated for the Supplier's failure
to complete the contractual obligations.
GCC 27.3 The minimum period of validity of the Warranty shall be: 12 months from date of
good acceptance
For the purposes of the Warranty, the place of final destination shall be
respective to delivery Schedule.
GCC 27.5 The Supplier shall correct any defects covered by the Warranty within:
30 days of being notified by the Purchaser of the occurrence of such defects
GCC 36 Insert Additional Clause 36:
Inspections
and Audit by 36.1 The Supplier shall keep and shall make all reasonable efforts to cause its
the Bank Subcontractors to keep, accurate and systematic accounts and records in
respect of the Goods in such form and details as will clearly identify relevant
time changes and costs.
36.2 Pursuant to paragraph 2.2 e. of Appendix to the General Conditions the

Supplier shall permit and shall cause its subcontractors and subconsultants to
permit, the Bank and/or persons appointed by the Bank to inspect the Site
and/or the accounts and records relating to the procurement process, selection
and/or contract execution, and to have such accounts and records audited by
auditors appointed by the Bank if requested by the Bank. The Supplier‟s and its
Subcontractors‟ and subconsultants‟ attention is drawn to Sub-Clause 3.1 which
provides, inter alia, that acts intended to materially impede the exercise of the
Bank‟s inspection and audit rights constitute a prohibited practice subject to
contract termination (as well as to a determination of ineligibility pursuant to the
Bank‟s prevailing sanctions procedures).
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Section VIII. Contract Forms
Table of Forms
Letter of Intent …………………………………………………………………………….83
Letter of Acceptance………………………………………………………………………..84
Agreement Form ................................................................................................... 85
Performance Security ........................................................................................... 86
Advance Payment Security .................................................................................. 87
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Letter of Intent
[on letterhead paper of the Purchaser]
. . . . . . . date. . . . . . .
Notes on Letter of Intent
The issuance of Letter of Intent is the information of the selection of the bid of the successful bidder by
the Purchaser and for providing information to other unsuccessful bidders who participated in the bid as
regards to the outcome of the procurement process. This standard form of Letter of Intent to Award
should be filled in and sent to the successful Bidder only after evaluation and selection of substantially
responsible lowest evaluated bid.
To: . . . . . . . . . . name and address of the Supplier . . . . . . . . . .
Subject: Issuance of letter of intent to award the contract
This is to notify you that, it is our intention to award the contract. for execution of the . . . . . . . . .name
of the contract and identification number, as given in the Contract Data/SCC to you as your bid price . . . . . . . .
.amount in figures and words in Nepalese Rupees ………………. as corrected and modified in accordance with
the Instructions to Bidders is hereby selected as substantially responsive lowest evaluated bid.
Authorized Signature: .........................................................................
Name: .................................................................................................
Title: ....................................................................................................
CC:
[Insert name and address of all other Bidders, who submitted the bid]
92
Letter of Acceptance
[on letterhead paper of the Purchaser]
. . . . . . . date. . . . . . .
To: . . . . . . . . . . name and address of the Supplier . . . . . . . . . .
Subject: .Notification of Award
This is to notify that your Bid dated . . . . date . . . . for execution of the . . . . . . . . . .name of the contract
and identification number, as given in the Contract Data/SCC . . . . . . . . . . for the Contract price of Nepalese
Rupees [insert amount in figures and words in Nepalese Rupees], as corrected in accordance with the
Instructions to Bidders is hereby accepted in accordance with the Instruction to Bidders.
You are hereby instructed to contract this office to sign the formal contract agreement within 15 days.
As per the Conditions of Contract, you are also required to submit Performance Security, as specified
in SCC, consisting of a Bank Guarantee in the format included in Section VIII (Contract Forms) of the
Bidding Document.
The amout of performance security shall be NRs……………….[Insert amount] and validity period of
performance security shall be ………[insert validity period].
The Purchaser shall forfeit the bid security, in case you fail to furnish the Performance Security and to
sign the contract within specified period.
Authorized Signature: .........................................................................
Name and Title of Signatory:
93
Agreement Form
THIS AGREEMENT made on the [insert number] day of [insert month], [insert year],
between [insert complete name of Purchaser] of [insert complete address of
Purchaser] (hereinafter “the Purchaser”), of the one part, and [insert complete name of
Supplier] of [insert complete address of Supplier] (hereinafter “the Supplier”), of the
other part:
WHEREAS the Purchaser invited Bids for certain Goods and Related Services, viz.,
[insert brief description of the Goods and Related Services] and has accepted a Bid
by the Supplier for the supply of those Goods and Related Services in the sum of NRs
……..[insert amount of contract price in words and figures including taxes]
(hereinafter “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them 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 Agreement, viz.:
(a) the Purchaser‟s Notification to the Supplier of Award of Contract;
(b) the Bid Submission Form and the Price Schedules submitted by the
Supplier;
(c) the Special Conditions of Contract;
(d) the General Conditions of Contract;
(e) the Schedule of Requirements; and
(f) [indicate any other documents required as appropriate]
This Contract shall prevail over all other Contract documents. In the event of any
discrepancy or inconsistency within the Contract documents, then the documents shall
prevail in the order listed above.
3. In consideration of the payments to be made by the Purchaser to the Supplier as
indicated in this Agreement, the Supplier hereby covenants with the Purchaser to
provide the Goods and Related Services and to remedy defects therein in conformity in
all respects with the provisions of the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision
of the Goods and Related Services and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract
at the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of “Nepal” on the day, month, and year indicated above.
Signed by [insert authorized signature for the Purchaser] (for the Purchaser)
Signed by [insert authorized signature for the Supplier] (for the Supplier)
94
Performance Security
[insert complete name and number of Contract]
To: [insert complete name of Purchaser]
WHEREAS [insert complete name of Supplier] (hereinafter “the Supplier”) has

received the notification of award for the execution of [insert identification number
and name of contract] (hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Supplier shall furnish you with a security [insert type of security] issued by a
reputable guarantor for the sum specified therein as security for compliance with the
Supplier‟s performance obligations in accordance with the Contract.
AND WHEREAS the undersigned [insert complete name of Guarantor], legally

domiciled in [insert complete address of Guarantor], (hereinafter the “Guarantor”),
have agreed to give the Supplier a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on

behalf of the Supplier, up to a total of [insert currency and amount of guarantee in
words and figures] and we undertake to pay you, upon your first written demand
declaring the Supplier to be in default under the Contract, without cavil or argument,
any sum or sums within the limits of [insert currency and amount of guarantee in
words and figures] as aforesaid, without your needing to prove or to show grounds or
reasons for your demand or the sum specified therein.
This security is valid until the [insert day, month, year].
Name: [insert complete name of person signing the Security]
In the capacity of: [insert legal capacity of person signing the Security]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the security for and on behalf of: [insert seal and complete
name of Guarantor]
Date: [insert date of signing]
95
Advance Payment Security
[insert complete name and number of Contract]
To: [insert complete name of Purchaser]
In accordance with the payment provision included in the Contract, in relation to

advance payments, [insert complete name of Supplier] (hereinafter called “the
Supplier”) shall deposit with the Purchaser a security consisting of [indicate type of
security], to guarantee its proper and faithful performance of the obligations imposed
by said Clause of the Contract, in the amount of [insert currency and amount of
guarantee in words and figures].
We, the undersigned [insert complete name of Guarantor], legally domiciled in

[insert full address of Guarantor] (hereinafter “the Guarantor”), as instructed by the
Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and
not as surety merely, the payment to the Purchaser on its first demand without
whatsoever right of objection on our part and without its first claim to the Supplier, in
the amount not exceeding [insert currency and amount of guarantee in words and
figures].
This security shall remain valid and in full effect from the date of the advance payment
being received by the Supplier under the Contract until [(insert day, month, year)
Contract completion date may be a basis for this date].
Name: [insert complete name of person signing the Security]
In the capacity of: [insert legal capacity of person signing the Security]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the security for and on behalf of: [insert seal and complete
name of Guarantor]
Date: [insert date of signing]
96

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BIDDING DOCUMENT

Procurement of HPCL and other Laboratory

National Competitive Bidding (NCB)

Issued on: April 21, 2023 (Baishak 8, 2080)

Employer: Department of Food Technology and Quality Control (DFTQC), Babarmahal,

Invitation for Bids

PART 1 – Bidding Procedures

PART 2 – Supply Requirements

PART 3 – Conditions of Contract and Contract Forms

Contract Identification No: SRCTIP/PCO/DFTQC/G/NCB-1, Lot-A

Contract ID. Equipment Bid security, NRs.

1.2 Throughout this Bidding Document :

(c) “day” means calendar day.

4.2 A Bidder may be a natural person, private entity, government-owned

i. Joint Venture Agreement shall nominate a lead member who will

(b) receive or have received any direct or indirect subsidy from

(d) have a relationship with each other, directly or through

(e) a Bidder participates in more than one bid in this bidding

(f) a Bidder or any of its affiliates participated as a consultant in

4.5 A GoN-owned enterprise (SOE) may also participate in the bid if it is

4.7 Firms shall be excluded in any of the cases, if

(a) by an act of compliance with a decision of the United Nations

(b) As a matter of law or official regulation, GoN prohibits commercial

B. Contents of Bidding Document

PART 1 Bidding Procedures

 Section I. Instructions to Bidders (ITB)

 Section II. Bid Data Sheet (BDS)

 Section III. Evaluation and Qualification Criteria

 Section IV. Bidding Forms

PART 2 Supply Requirements

 Section V. Schedule of Requirements

PART 3 Conditions of Contract and Contract Forms

 Section VI. General Conditions of Contract (GCC)

 Section VII. Special Conditions of Contract (SCC)

9.3 To give prospective Bidders reasonable time in which to take an

12. Documents 12.1 The Bid shall comprise the following:

16. Currencies 16.1 All Prices shall be quoted in Nepalese Rupees.

(c) submit the copy of the documents as specified in BDS.

18.3 Standards for workmanship, process, material, and equipment, as well

20.2 In exceptional circumstances, prior to the expiration of the bid validity

(a) original copy of an unconditional bank guarantee from Commercial

In case of a bank guarantee, the Bid Security shall be submitted using

21.6 The Bid Security may be forfeited if:

(a) a Bidder requests for withdrawal or modification of its bid, except as

(c) a Bidder involves in fraud and corruption pursuant to clause 3.1;

(d) the successful Bidder fails to:

(i) furnish a performance security in accordance with ITB 41.1;

(ii) sign the Contract in accordance with ITB 42.1; or

(iii) accept the correction of arithmetical errors pursuant to clause

23.2 Bidders submitting bids by mail or by hand or by courier shall enclose

23.2.1 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

26.3 No bids shall be withdrawn or modified in the interval between

E. Evaluation and Comparison of Bids

28.Confidentiality 28.1 Information relating to the examination, evaluation, comparison, and

28.2 Any attempt by a Bidder to influence the Purchaser in the

29.Clarification 29.1 To assist in the examination, evaluation, comparison and post-

(b) “Reservation” is the setting of limiting conditions or withholding

(c) “Omission” is the failure to submit part or all of the information or