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Bidding Document for Framework Contract for the Procurement of Consumer Water Meters by 05 WASAs of Punjab

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HOUSING, URBAN DEVELOPMENT & PUBLIC HEALTH ENGINEERING DEPARTMENT (HUD&PHED),

GOVERNMENT OF PUNJAB

www.hudphed.punjab.gov.pk

BIDDING DOCUMENT (TECHNICAL)

FOR FRAMEWORK CONTRACT

REGARDING PROCUREMENT OF CONSUMER WATER

METERS

BY 05 WASAs OF PUNJAB

AUGUST 2016

ICB No. WASA/2016/01


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[August 2016]

PROCUREMENT OF CONSUMER WATER METERS

BY 05 WASAs OF PUNJAB

Additional Secretary (Admin & Housing)

(HUD&PHED), Punjab, Pakistan,

2 Lake Road, Lahore, Pakistan.

Ph. No. -+92(0)4299212630

Email:[email protected]

Website: www.hudphed.punjab.gov.pk

International Competitive Bidding ICB/WASA/2016/01

Framework Contract For

Procurement of Consumer Water Meters


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PREFACE This Bidding Document has been prepared by the Housing, Urban Development &

Public Health Engineering Department (HUD&PHED), Government of Punjab. This

document will conclude the Framework Contract, for the purpose of rate size/type and

technical specifications only, regarding the procurement of Consumer Water Meters to

be purchased by 05 Water & Sanitation Agencies (WASAs) in Punjab, Pakistan, located

at Lahore, Faisalabad, Rawalpindi, Multan & Gujranwala. Only Prequalified Original

Equipment (Goods) Manufacturers (OEMs) / Authorized Agents are invited for Bids. The

bidder is required to examine the Bidding Documents, including all instructions, forms,

terms and technical specifications mentioned in Employer’s Requirements. Failure to

furnish all information required by the Bidding documents or submission of a Bid not

responsive to the Bidding Documents in every respect will be considered non-

responsive and may result in the rejection of the Bid. Letter of Acceptance for

Framework Contract will be concluded by the HUD&PHE Department. However the

purchase orders and separate Contract Agreements will be made by respective WASAs

with the Supplier, following the rates, sizes, types and technical specifications agreed

under the Framework Contract, as per their own demand as and when required within

the validity of the Framework Contract..


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GLOSSARY AMR Automated Meter Reading

BDS Bid Data Sheet

AWWA American Water Works Association

EEC European Economic Community

EQC Evaluation and Qualification Criteria

GCC General Conditions of the contract

GOP Government OF Punjab

GST General Sales Tax

HUD & PHED Housing, Urban Development & Public Health Engineering

Department

IB Instructions to bidders

ICB International Competitive Bidding

ISO International Organization for Standardization

JWWA Japan Water Works Association

MID Measuring Instrument Directive

NTN National Tax Number

OEMs Original Equipment Manufacturers

OIML International Organization for Legal Metrology

GC General Conditions

PC Particular Conditions


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Table of Contents of Bidding Documents

Invitation for Bids (IFB)

PART-1 BIDDING PROCEDURE

Section I : Instruction to Bidders (IB)

Section II : Bid Data Sheet (BDS)

Section III : Evaluation and Qualification Criteria (EQC)

Section IV : Bidding Forms

Section IV A : Bidding Forms for Technical Bid

Section IV B : Bidding Forms for Price Schedules

Section V : Eligible Countries

PART 2 EMPLOYER’s REQUIREMENTS

Section VI : Technical Specifications

PART 3 CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VII : General Conditions (GC)

Section VIII : Particular Conditions (PC)

Section IX : Framework Contract Forms


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TABLE OF CLAUSES

Description Page

INVITATION FOR BIDS .............................................................................................................. 8

PART-1 BIDDING PROCEDURES 11

SECTION –INSTRUCTIONS TO BIDDERS .......................................................................... 12

A. GENERAL..................................................................................................................... 12

IB.1 Scope of Bid .......................................................................................................... 12

IB.2 Source of Funds ................................................................................................... 12

IB.3 Eligible Bidders ..................................................................................................... 12

IB.4 Corrupt or Fraudulent Practices and Mechanism to Debar/Blacklist the Defaulted Bidder ................................................................................................................. 13

IB.5 Eligible Goods and Related Services................................................................ 15

IB.6 Cost of Bidding ...................................................................................................146

IB.7 Site Visit ...............................................................................................................146

B. CONTENTS OF BIDDING DOCUMENTS............................................................... 16

IB.8 Sections of Bidding Document ........................................................................... 16

IB.9 Clarification of Bidding Document ..................................................................... 16

IB.10 Amendment of Bidding Document ..................................................................... 17

C. PREPARATION OF BIDS .......................................................................................... 18

IB.11 Language of Bid ................................................................................................... 18

IB.12 Documents Comprising the Bid ......................................................................... 18

IB.13 Bid Prices............................................................................................................... 19

IB.14 Currencies of Bid and Payment ......................................................................... 20

IB.15 Documents Establishing the Eligibility of the Bidder....................................... 20

IB.16 Documents Establishing the Eligibility of the Goods and Related Services20

IB.17 Documents Establishing the Conformity of the Goods and Related Services

to the Bidding Document ................................................................................................... 20

IB.18 Documents Establishing the Qualification of the Bidder ................................ 20

IB.19 Period of Validity of Bod ...................................................................................... 20

IB.20 Bid Security ........................................................................................................... 21

IB.21 Alternate Proposals by Bidder............................................................................ 21

IB.22 Pre-Bid Meeting .................................................................................................... 21

IB.23 Format and Signing of Bid .................................................................................. 22

D. SUBMISSION OF BIDS.............................................................................................. 22

IB.24 Bidding procedure and Sealing and Marking of Bids ..................................... 22

IB.25 Deadline for Submission of Bids ........................................................................ 23


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IB.26 Late Bids ................................................................................................................ 24

IB.27 Modification, Substitution and Withdrawal of Bids .......................................... 24

E. BID OPENING AND EVALUATION.......................................................................... 24

IB.28 Bid Opening........................................................................................................... 24

IB.29 Process to be Confidential .................................................................................. 25

IB.30 Clarification of Bids .............................................................................................. 25

IB.31 Examination of Bids and Determination of Responsiveness......................... 25

IB.32 Correction of Errors.............................................................................................. 25

IB.33 Evaluation and Comparison of Bids .................................................................. 26

IB.34 Qualification of the Bidder ................................................................................... 26

IB.35 Rejection of the Bids ............................................................................................ 27

IB.36 Re-Bidding ............................................................................................................. 27

IB.37 Announcement of Evaluation Report ................................................................ 27

F. AWARD OF FRAMEWORK CONTRACT ............................................................... 27

IB.38 Award ..................................................................................................................... 27

IB.39 Employer’s Right to Vary Quantities at the Time of Award ........................... 27

IB.40 Notification of Award ............................................................................................ 27

IB.41 Signing of Framework Contract Agreement ..................................................... 27

IB.42 Performance Security .......................................................................................... 28

IB.43 General Performance of the Bidders................................................................. 29

IB.44 Integrity Pact ......................................................................................................... 29

SECTION – II

BID DATA SHEET...................................................................................................................... 30

SECTION – III ............................................................................................................................. 32

EVALUATION CRITERIA ......................................................................................................... 33

SECTION –IV BIDDING FORMS SECTION –IVA BIDDING FORMS FOR TECHNICAL BID................................................ 38

APPENDICES TO BID .............................................................................................................. 46

SECTION –V

ELIGIBLE COUNTRIES ............................................................................................................ 72

PART-2 EMPLOYER'S REQUIREMENTS………………………………………………. 75

SECTION –VI

TECHNICAL SPECIFICATIONS & TENTATIVE QUANTITIES ......................................... 76

PART-3 CONDITIONS OF CONTRACT AND CONTRACT FORMS

SECTION –VII GENERAL CONDITIONS (GC) .................................................................... 80

SECTION –VIII PARTICULAR CONDITIONS .....................................................................101

SECTION –IX CONTRACT FORMS .....................................................................................103

ANNEXURES TO FRAMEWORK CONTRACT AGREEMENT…………………... ….118


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INVITATION FOR BIDS


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INVITATION FOR BIDS

Date: ______________

Bid Reference No.: ICB/WASA/2016/01

1. Housing, Urban Development & Public Health Engineering Department

(HUD&PHED), Government of Punjab, hereinafter referred to as “the Employer”

invites sealed bids, under Single Stage Two Envelope bidding procedure as per Rule

38 (2) (a) of Punjab Procurement Rules, 2014;only from the Original Equipment

Manufacturers (OEMs) / Authorized Agents already Prequalified by the Employer

for the conclusion of Framework Contract regarding Procurement of Consumer Water

Meters by 05 WASAs (located at Lahore, Faisalabad, Rawalpindi, Multan,

Gujranwala).The envelops shall be marked as “TECHNICAL PROPOSAL” and

“FINANCIAL PROPOSAL” in bold and legible letters. Financial Proposal of Bids

found technically non responsive shall be returned un-opened to the respective

Bidders. The bidding is open to International Competitive Bidding (ICB). Detailed

Specifications along with tentative/expected quantities to be procured by WASAs of

Consumer Water Meters are given in this Bidding Document.

2. Bidders may obtain further information, inspect and acquire the Bidding Documents

from the Office of the Additional Secretary (Admn. & Housing); Housing, Urban

Development & Public Health Engineering Department (HUD&PHED), 2-Lake

Road, Lahore, Pakistan.

3. A complete set of Bidding Documents may be obtained free of cost from the office of

the Additional Secretary (Admn. & Housing); Housing, Urban Development &

Public Health Engineering Department (HUD&PHED), 2-Lake Road, Lahore,

Pakistan or may be downloaded from www.hudphed.punjab.gov.pk. The Bidding

Document shall remain available on the website until the closing date for the

submission of bids.

4. All bids must be accompanied by a Bid Security for a sum of PKR 5,000,000/- in the form of deposit at call from the Scheduled Bank of Pakistan, or from a foreign bank

duly counter guaranteed by a Scheduled Bank in Pakistan in favour of the Secretary Housing, Urban Development Public Health Engineering Department (HUD&PHED), Government of Punjab and must be delivered to Additional Secretary (Admn. &

Housing); Housing, Urban Development & Public Health Engineering Department (HUD&PHED), 2-Lake Road, Lahore, Pakistan at or before 03:00 PM (Pakistan

Standard Time), on 26th Sep, 2016. Financial Proposals will be opened at 03:00 PM (Pakistan Standard Time), on 16th Oct, 2016, in the presence of Bidder’s

representatives who choose to attend at the same address.

5. All documents should contain proper page marking, attached in sequence as indicated for evaluation in the bidding document with signatures of authorized person.

Moreover, signing and stamping of each page of bidding documents/form is mandatory.

6. In case the date of opening or last date of tender submission is declared as a public

holiday by the government or non - working day due to any reason, the next official

http://www.hudphed.punjab.gov.pk/


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working day shall be deemed to be the date of submission and opening of tenders accordingly. The time and venue shall remain the same.

7. The bidders are requested to give their lowest and best prices, compatible with IB 13.4 and first paragraph of Letter of Financial Bid, with their bids as no negotiations

on the prices are allowed.

8. Pre bid meeting will be held on 13th Sep, 2016 at 11:00 A.M (PST) in the Committee

Room of HUD&PHED.

Note: The procurement/bidding process shall be governed by the Punjab Procurement Rules, 2014.

Additional Secretary (Admn. &

Housing); HUD&PHE Department,

Government of the Punjab,

Phone:+92-42-99212630 Email:[email protected]


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PART – 1

BIDDING PROCEDURES


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SECTION – I

INSTRUCTIONS TO BIDDERS


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INSTRUCTIONS TO BIDDERS

A. GENERAL

IB.1 Scope of Bid

1.1 Housing, Urban Development & Public Health Engineering Department

(HUD&PHED), Government of Punjab, hereinafter referred to as “the Employer”,

wishes to receive bids for the conclusion of Framework Contract for the

Procurement of “Consumer Water Meters” as described in this Bidding Document,

and summarized in the Bid Data Sheet hereinafter referred to as the “Goods”.

1.2 The successful Bidder will be required to supply the Goods at the rate agreed

within the time specified under the Framework Contract as and when the

purchase order issued by respective WASA.

1.3 The bidding is open to International Competitive Bidding (ICB) only for

Prequalified Bidders.

1.4 All Goods to be supplied under the Framework Contract shall have as their

country of origin, an eligible country as provided in Section V Bidding Document.

1.5 Tentative quantity of meters of various sizes may be 147,000 Nos.

(Disclaimer: That the quantities mentioned are merely tentative and are not

binding on the employer or WASAs)

1.6 Goods shall be delivered to respective WASA at its address mentioned in the

purchase order issued to the supplier by respective WASA. (5 WASAs are located

at Lahore, Faisalabad, Rawalpindi, Multan & Gujranwala)

IB.2 Source of Funds

2.1 Government of Punjab through respective WASAs.

IB.3 Eligible Bidders

3.1 This Invitation for Bids is open only to all Original Equipment Manufacturers

(OEMs) / Authorized Agents prequalified by the Employer for conclusion of

Framework Contract for supply of Goods.

3.2 The Authorized Agent must possess and submit valid authorization in original

from the OEMs. The bidder must have a documentary proof as prescribed in the

Section IVA, Technical Bid Forms, to the effect that they are the Original

Equipment Manufacturer of the required specifications of Goods.

3.3 Bidder that is under a declaration of ineligibility/blacklisting by the Government of

Pakistan / Government of Punjab / Any International Agency / Any Public Sector

Entity including the Employer in accordance with IB Clause 4, at the date of

submission of the application or thereafter, shall be considered as non-


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responsive.

3.4 The Applicant / Original Equipment Manufacturer (OEM) shall submit only one

application by itself or through Authorized Agent in the bidding process. The

Applicant will be disqualified in case of submitting more than one application.

IB.4 Corrupt or Fraudulent Practices and Mechanism to Debar/Blacklist the

Defaulted Bidder

4.1 The Government of Punjab defines Corrupt and Fraudulent Practices as “the

offering, giving, receiving, or soliciting of anything of value to influence the action

of a public official or the Supplier in the procurement process or in Contract

execution to the detriment of the Employer; or misrepresentation of facts in

order to influence a procurement process or the execution of a Contract, collusive

practices among bidders (prior to or after bid submission) designed to establish

bid prices at artificial, non-competitive levels and to deprive the Employer of

the benefits of free and open competition and any request for, or solicitation of

anything of value by any public official in the course of the exercise of his duty; it

may include any of the following practices:

(i) Coercive practice by impairing or harming, or threatening to impair or

harm, directly or indirectly, any party or the property of the party to

influence the actions of a party to achieve a wrongful gain or to cause a

wrongful loss to another party;

(ii) Collusive practice by arrangement between two or more parties to the

procurement process or contract execution, designed to achieve with or

without the knowledge of the Employer to establish prices at artificial,

noncompetitive levels for any wrongful gain;

(iii) Corrupt practice by offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence the acts of another party for

wrongful gain;

(iv) Fraudulent practice by 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;

(v) Obstructive practice by harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a

procurement process, or affect the execution of a contract or

deliberately destroying, falsifying, altering or concealing of evidence

material to the investigation or making false statements before

investigators in order to materially impede an investigation into

allegations of a corrupt, fraudulent, coercive or collusive practice; or


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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 acts intended to materially impede the

exercise of inspection and audit rights.

4.2 Indulgence in corruption and fraudulent practices is liable to result in rejection of

Bids, cancellation of contracts, debarring and blacklisting of the Bidder under Rule

21 of Punjab Procurement Rules 2014.

4.3 The following are the events which would lead to initiate under Rule 21 of Punjab

Procurement Rules 2014 Blacklisting / Debarment process;

(i) Submission of false fabricated / forged documents for procurement in

tender.

(ii) Not attaining required quality of work.

(iii) Inordinate tardiness in accomplishment of assigned/agreed responsibilities / contractual obligations resulting loss to the Employer / Government.

(iv) No execution of work as per terms & condition of contract.

(v) Any unethical or unlawful professional or business behavior

detrimental to good conduct and integrity of the public procurement process.

(vi) Involvement in any sort of tender fixing.

(vii) Persistent and intentional violation of important conditions of contract

(viii) Non-adherence to quality specification despite being importunately

pointed out.

(ix) Security consideration of the State i.e., any action that jeopardizes the security of the State or good repute of the Employer.

IB.5 Eligible Goods and Related Services

5.1 All the Goods and Related Services to be supplied under the Contract and shall

have their origin in any of the eligible source countries indicated Section V,

Eligible Countries. At the Purchaser’s request, Bidders may be required to provide

evidence of the origin of the Goods and Related Services.

5.2 For purposes of this Clause, the term “Goods” includes commodities,

raw material, machinery, equipment, and industrial plants; and “related

services” includes services such as insurance and replacement.

5.3 The term “origin” means the place where the goods have been mined, grown,

cultivated, produced, manufactured or processed.


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IB.6 Cost of Bidding

6.1 The Bidders shall bear all costs associated with the preparation and submission of

their respective bids and the Employer will in no case be responsible or liable for

those costs, regardless of the conduct or outcome of the bidding process.

IB.7 Site Visit

7.1 The Bidders are advised to visit and inspect the Location of Delivery and its

surroundings and obtain for themselves on their own responsibility, all information

that may be necessary for preparing the bid and entering into a Framework

Contract for Supply of Goods. All cost in this respect shall be at the bidder’s own

expense.


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B. CONTENTS OF BIDDING DOCUMENTS

IB.8 Sections of Bidding Document

8.1 The Bidding Documents consist of Parts 1, 2, and 3, which include all the

Sections indicated below, and should be read in conjunction with any Addenda

issued in accordance with IBs. 8 and/or 10

PART 1 Bidding Procedures

Section I. Instructions to Bidders (IB)

Section II. Bid Data Sheet (BDS)

Section III. Evaluation and Qualification Criteria (EQC)

Section IV A. Bidding Forms for Technical Bid

Section IV A. Bidding Forms for Financial Bid

Section V. Eligible Countries

PART 2 Supply Requirements

• Section VI. Technical Specifications

PART 3 Conditions of Contract and Contract Forms

• Section VII. General Conditions (GC)

• Section VIII. Particular Conditions (PC)

• Section IX. Contract Forms

8.2 The Invitation for Bids issued by the Purchaser is not part of the Bidding

Documents.

8.3 Unless obtained directly from the Purchaser, the Purchaser is not responsible for

the completeness of the Bidding Documents, responses to requests for

clarification, or Addenda to the Bidding. Documents in accordance with ITB 8. In

case of any contradiction, documents obtained directly from the Purchaser shall

prevail.

8.4 The Bidder is expected to examine all instructions, forms, terms, and

specifications in the Bidding Documents, and to furnish with its Bid all information

and documentation as is required by the Bidding Documents.

IB.9 Clarification of Bidding Document

9.1 Any prospective Bidder requiring any clarification(s) in respect of the Bidding

Document may notify the Employer in writing at the Employer’s address indicated

in the Bid Data Sheet. The Employer will respond to any request for clarification

which he receives seven (07) days, prior to the deadline for submission of bids.

Copies of the Employer’s response will be forwarded to all Bidders, including a

description of the enquiry but without identifying its source.


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IB.10 Amendment of Bidding Document

10.1 At any time prior to the deadline for submission of bids, the Employer may, for any

reason, whether at his own initiative or in response to a clarification requested by

a prospective Bidder, modify the Bidding Document by issuing addendum.

10.2 Any addendum thus issued shall be the part of the Bidding Document pursuant to

Sub-Clause 7.1 hereof and shall be communicated in writing to all Bidders.

Prospective Bidders shall acknowledge receipt of each addendum in writing to the

Employer.

10.3 To afford prospective Bidders reasonable time in which to take an addendum into

account in preparing their bids, the Employer may extend the deadline for

submission of bids in accordance with Clause IB.24.


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C. PREPARATION OF BIDS

IB.11 Language of Bid

11.1 The bid as well as all correspondence and documents related to the bid

exchanged by a bidder and the Employer shall be in the bid language (English)

stipulated in the Bid Data Sheet and Conditions of Contract. Supporting

documents and printed literature furnished by the Bidders may be in any other

language provided the same are accompanied by an accurate translation of the

relevant parts in the bid language, in which case, for purposes of evaluation of the

bid, the translation in bid language shall prevail.

IB.12 Documents Comprising the Bid

12.1 Each Bidder shall submit:

i. Letter of Bid

ii. Written power of attorney authorizing the signatory of the bid to act for and on

behalf of the Bidder;

iii. Documents establishing the eligibility and conformity to the bidding

documents, which the Bidder proposes to supply under the Framework

Contract.

iv. Mandatory warranty of Water meters as per terms and conditions of the

contract. In case of OEM, the mandatory warranty shall be from the OEM

itself and in case of Authorized Agent, the Authorized Agent shall have to

provide warranty from the OEM only.

v. Bidder profile including engineering and managerial capability.

vi. An affidavit or undertaking incorporating and submitting the following clauses:

a. That replacement of goods under warranty shall be done,

b. That the firm is never black listed on any grounds whatsoever.

vii. The details of the model of the goods being offered to the Employer under

this Bid along with previous supplies of the same model made to the Public

and Private sector in any country of the world.

viii. Bidder shall also provide up to date and authentic contact details of both

private and public sector organizations to which it has supplied over the last

five years. Bidder shall also provide supply order details over last five years

with complete and upto-date details.

ix. Literature /Brochure of Goods being offered under this Bid.

x. Bidder shall have to provide documentary proof to the effect that they are the

original Manufacturer of their offered goods. In case of Authorized Agent, the

bidder also has to provide documentary proof that its principal is Original

Equipment Manufacturer of the required goods.


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xi. Bidder must indicate the country of origin (where in the country of origin is the

country where 100% of parts of the goods are manufactured and assembled).

The bidder shall have the nationality of the Eligible Countries as defined in V

of IB.

xii. List of main service, testing and calibration tools.

xiii. List of supervisory staff working in the production and quality control

departments in the manufacturing plants.

xiv. Details about warranty being offered for the replacement of defective meters.

The bidder must also provide the maximum time for entertainment of warranty

claims.

xv. Capacity of production of the goods per annum.

xvi. Bidder’s Financial Status.

xvii. The list of Countries in which the goods being offered is available and in use.

xviii. Certificate of ISO 4064 compliant

xix. Certificate of OIML: R49 (International Organization for legal Metrology)

and/or MID 2004/22/EEC/AWWA/JWWA

12.2 Bidders shall also submit proposals of supply and transportation methods and

timelines, in sufficient detail to demonstrate the adequacy of the Bidders’

proposals to provide the goods at the point of delivery from the date of issuance of

work order.

12.3 If the bidder fails to provide and/or comply with the mandatory requirements under

Section III, Evaluation Criteria of this Bidding Document, will be disqualified by the

Employer.

IB.13 Bid Prices

13.1 The Bidder shall submit the Bid Forms using the form attached herewith. This

form must be completed without any alterations to its format, and no substitutes

shall be accepted. All blank spaces shall be filled in with the information

requested.

13.2 The Bidder shall submit the Unit Price of Goods, using the forms furnished in the

Bid Document. The Unit Price should be inclusive of all applicable taxes including

PRA tax & Sindh Excise tax, duties, freight, transportation cost, insurance cost,

other incidental costs etc. till the point of delivery.

13.3 The Bidder shall submit the Unit Price of all meter types and sizes, offered by him.

13.4 The Bidders may win the Framework Contract for the particular meter type in

which he is evaluated as the lowest successful Bidder, not necessarily in all meter

types.


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IB.14 Currencies of Bid and Payment

14.1 Prices shall be quoted in Pak Rupees only. A bidder expecting expenditures in

other currencies shall arrange at his own risk and cost.

IB.15 Documents Establishing the Eligibility of the Bidder

15.1 The documentary evidence of the Bidder’s eligibility to bid shall establish to the

Employer’s satisfaction that the Bidder, at the time of submission of its bid, is an

eligible as defined under IB.3 above.

IB.16 Documents Establishing the Eligibility of the Goods and Related Services

16.1 To establish the eligibility of the Goods in accordance with IB Sub Clause 1.4,

Bidders shall provide the country of origin in the Price Schedule, provided in the

Bidding Document.

IB.17 Documents Establishing the Conformity of the Goods and Related Services

to the Bidding Document

17.1 To establish the conformity of the Goods to the Bidding Document, the Bidder

shall furnish as part of its Bid the documentary evidence that the Goods to be

supplied conform to the specified requirements.

17.2 The documentary evidence may be in the form of literature, drawings or data, and

shall consist of a detailed item-by-item description of the essential technical and

performance characteristics of the Goods.

IB.18 Documents Establishing the Qualification of the Bidder

18.1 The documentary evidence of the Bidder’s qualifications to perform the contract, if

its bid is accepted, shall establish to the Employer’s satisfaction that the Bidder

meets each of the qualification criterion specified in Bidding Document.

18.2 A Bidder that does not manufacture or produce the Goods it offers to supply shall

submit the Original Equipment Manufacturer’s Authorization using the appended

form to demonstrate that it has been duly authorized by the manufacturer or

producer of the Goods to supply these Goods in the Employer’s country.

18.3 A Bidder that does not conduct business within the Employer’s Country shall

submit evidence that it will be represented by an Authorized Agent in the country

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.

IB.19 Period of Validity of Bid

19.1 Bids shall remain valid for the period of 90 days after the Date of Bid Opening

specified in IB.27as stipulated in the Bid Data Sheet.


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19.2 In exceptional circumstances, prior to expiry of the original bid validity period, the

Employer may request that the Bidders extend the period of validity for a specified

additional period which shall in no case be more than the original bid validity

period. The request and the responses thereto shall be made in writing. A Bidder

may refuse the request without forfeiting his Bid Security. A Bidder agreeing to the

request will not be required or permitted to modify his bid, but will be required to

extend the validity of his Bid Security for the period of the extension, and in

compliance with Clause IB.19 in all respects.

IB.20 Bid Security

20.1 Each Bidder shall furnish, as part of his bid, Bid Security for a sum of PKR

5,000,000 in the form of deposit at call from the Scheduled Bank of Pakistan, or

from a foreign bank duly counter guaranteed by a Scheduled Bank in Pakistan in

favor of the Employer.

20.2 Any bid not accompanied by an acceptable Bid Security shall be rejected by the

Employer as non-responsive.

20.3 The bid securities of unsuccessful Bidders will be returned as promptly as

possible, but not later than 28 days after the expiration of the period of Bid

Validity.

20.4 The Bid Security of the Successful Bidder will be returned upon submission of 2%

Performance Security in the form of Bank Guaranty from the Scheduled Bank of

Pakistan, or from a foreign bank duly counter guaranteed by a Scheduled Bank in

Pakistan, in favor of the Employer valid for the period of Framework Contract,

evaluated on the basis of Letter of Financial Bid.

20.5 The Bid Security of successful Bidder may be forfeited, if he fails within the

specified time limit to:

(i) furnish the required Performance Security and;

(ii) Sign the Framework Contract Agreement.

20.6 The Bid Security shall be submitted and enclosed with Technical Bid.

IB.21 Alternate Proposals by Bidder

Alternate Proposals are NOT ALLOWED.

IB.22 Pre-Bid Meeting

22.1 The Employer may, on his own motion or at the request of any prospective

Bidder(s), hold a pre-bid meeting to clarify issues and to answer any questions on

matters related to the Bidding Documents. The date, time and venue of pre-bid

meeting, if convened, are as stipulated in the Bid Data Sheet. All prospective

Bidders or their authorized representatives are invited to attend such a pre-bid

meeting.


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22.2 Minutes of the pre-bid meeting, including the text of the questions raised and the

replies given, will be transmitted email provided by the bidders and uploaded on

the Departmental Website (www.hudphed.punjab.gov.pk). Any modification of the

Bidding Documents hereof which may become necessary as a result of the pre-

bid meeting shall be made by the Employer through the issuance of an Addendum

pursuant to Clause IB.9 and not through the minutes of the pre-bid meeting.

22.3 Absence at the pre-bid meeting will not be a cause for disqualification of a Bidder.

IB.23 Format and Signing of Bid

23.1 Bidders are particularly directed that the amount entered on the Form of Bid shall

be for performing the Framework Contract strictly in accordance with the Bidding

Documents.

23.2 All Appendices and Schedules to Bid are to be properly completed and signed.

23.3 Alterations are not to be made in the Form of Bid nor in the Appendices and

Schedules thereto except in filling up the blanks as directed. If any such alterations

be made or if these instructions be not fully complied with, the bid may be rejected.

23.4 Each Bidder shall prepare by filling out the forms completely and without

alterations.

23.5 The Bid shall be typed or written in indelible ink and shall be signed by a person or

persons duly authorized to sign on behalf of the Bidder. All pages of the bid shall

be initialed and stamped by the person or persons signing the bid. The original

Authorization letter shall be provided with the bid.

23.6 The bid shall contain no alterations, omissions or additions, except to comply with

instructions issued by the Employer, or as are necessary to correct errors made by

the Bidder, in which case such corrections shall be initialed by the person or

persons signing the bid.

23.7 Bidders shall indicate in the space provided in the Form of Bid their full and proper

addresses at which notices may be legally served on them and to which all

correspondence in connection with their bids and the Framework Contract is to be

sent.

23.8 Bidders should retain a copy of the Bidding Documents as their file copy.

D. SUBMISSION OF BIDS

IB.24 Bidding procedure and Sealing and Marking of Bids

24.1 Single stage two envelopes bidding procedure shall be used for procurement of

goods:

(i) The bid shall be a single package consisting of two separate envelopes,


23

containing separately the financial and the technical proposals. Bid Security shall

be enclosed with Technical Proposal.

(ii) The envelopes shall be marked as “Financial Proposal”, “Technical Proposal”

(iii) in the first instance, the “Technical Proposal” shall be opened and the envelope

marked as “Financial Proposal” shall be retained unopened in the custody of the

Employer;

(iv) The Employer shall evaluate the technical proposal in the manner prescribed in

evaluation criteria, without reference to the price and shall reject any proposal

which does not conform to the specified requirements;

a. during the technical evaluation no amendments in the technical proposal

shall be permitted;

b. after the evaluation and approval of the technical proposals, the Employer

shall open the financial proposals of the technically accepted bids,

publically at a time, date and venue announced and communicated to the

bidders in advance, within the bid validity period and the Bidder(s) shall be

given reasonable notice of the opening of price Bids;

c. the financial bids found technically non- responsive shall be returned un-

opened to the respective bidders; and

d. the lowest evaluated bidder, as per IB 13, shall be awarded the Framework

Contract.

24.2 The two separate envelopes shall be marked as “TECHNICAL PROPOSAL”,

“FINANCIAL PROPOSAL” in bold and legible letters to avoid confusion.

Similarly, the Bidder shall seal the proposals/bids in separate envelopes. The

envelopes shall then be sealed in an outer envelope.

24.3 The inner and outer envelopes shall:

(a) be addressed to the Employer at the address provided in the Bid Data Sheet;

(b) bear the name and identification number of the Framework Contract as

defined in the Bid Data Sheet; and

(c) provide a warning not to open before the time and date for bid opening, as

specified in the Bid Data Sheet.

24.4 The Applicant shall enclose one original and three (03) hard copies and clearly

mark them “ORIGINAL” and “COPY” on the title page.

IB.25 Deadline for Submission of Bids


24

25.1 Bids must be received by the Employer at the address specified no later than the

time and date stipulated in the Bid Data Sheet.

25.2 Bids with charges payable will not be accepted, nor will arrangements be

undertaken to collect the bids from any delivery point other than that specified

above. Bidders shall bear all expenses incurred in the preparation and delivery of

bids. No claims will be entertained for refund of such expenses.

25.3 The Employer may, at his discretion, extend the deadline for submission of bids

by issuing an amendment in accordance with Clause IB.9, in which case all rights

and obligations of the Employer and the Bidders previously subject to the original

deadline will thereafter be subject to the deadline as extended.

IB.26 Late Bids

26.1 Any bid received by the Employer after the deadline for submission of bids

prescribed in Clause IB.24 will be rejected and returned un-opened to such

bidder.

26.2 Delays in the submission of bids, delays of person in transit, or delivery of a bid to

the wrong office shall not be accepted as an excuse for failure to deliver a bid at

the proper place and time. It shall be the Bidder’s responsibility to determine the

manner in which timely delivery of his bid will be accomplished either in person,

by messenger or by mail.

IB.27 Modification, Substitution and Withdrawal of Bids

Bidders shall not be allowed to Modify, Substitute or Withdrawal of his Bids once

submitted to the Employer.

E. BID OPENING AND EVALUATION

IB.28 Bid Opening

28.1 The Employer will open the outer envelope of bids, in the presence of Bidders’

representatives who choose to attend, at the time, date and location stipulated in

the Bid Data Sheet. The Bidders’ representatives who are present shall sign a

register evidencing their attendance.

28.2 The Bidder’s name, the presence or absence of Bid Security, Bid Price and such

other details as the Employer may consider appropriate, will be announced by the

Employer at the opening of bids.

28.3 The financial bids of only technically qualified bidders will be opened.

28.4 The E m p l o ye r shall prepare a record of the Bid opening that shall include, as a minimum: the name of the Bidder the Bid Price 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.


25

28.3 The financial bids of only technically qualified bidders will be opened.

IB.29 Process to be Confidential

29.1 Information relating to the examination, clarification, evaluation and comparison of

Bids and recommendations for the award of Framework Contract shall not be

disclosed to the Bidders or any other person not officially concerned with such

process before the announcement of bid evaluation report which shall be done at

least ten (10) days prior to issue of Letter of Acceptance. The announcement to all

Bidders will include table(s) comprising read out prices, final evaluated prices and

recommendations against all the bids evaluated. Any effort by a Bidder to

influence the Employer’s processing of bids or award decisions may result in the

rejection of such Bidder’s bid. Whereas any Bidder feeling aggrieved may lodge a

written complaint not later than ten (10) days after the announcement of the bid

evaluation report; however mere fact of lodging a complaint shall not warrant

suspension of the procurement process.

IB.30 Clarification of Bids

30.1 During evaluation of the bids, the Employer may, at its discretion, ask the

Bidder for a clarification of its bid. The request for clarification and the

response shall be in writing, and no change in the prices or substance of the bid

shall be sought, offered, or permitted.

IB.31 Examination of Bids and Determination of Responsiveness

31.1 Prior to the detailed evaluation of bids, the Employer will determine whether each

bid is responsive to the requirements of the Bidding Document.

31.2 A responsive bid is one which (i) meets the eligibility criteria; (ii) has been properly

signed; (iii) is accompanied by the required Bid Security; and (iv) conforms to all

the terms, conditions and specifications of the Bidding Document.

31.3 If a bid is not responsive, it will be rejected by the Employer, and may not

subsequently be made responsive by correction or withdrawal of the non-

conforming deviation or reservation.

IB.32 Correction of Errors

32.1 Bids determined to be responsive will be checked by the Employer for any

arithmetic errors. Errors will be corrected by the Employer as follows:

(a) where there is a discrepancy between the amounts in figures and in words,

the amount in words will govern; and


26

(b) where there is a discrepancy between the unit rate and the line item total

resulting from multiplying the unit rate by the quantity, the unit rate as quoted

will govern.

32.2 The amount stated in the Form of Bid will be adjusted by the Employer in

accordance with the above procedure for the correction of errors and shall be

considered as binding upon the Bidder. If the Bidder does not accept the

corrected Bid Price, his Bid will be rejected, and the Bid Security shall be forfeited.

IB.33 Evaluation and Comparison of Bids

33.1 The Employer shall evaluate and compare the bids, which have been determined

to be responsive in accordance with IB Clause 31 above.

33.2 All bids shall be evaluated in accordance with the Evaluation Criteria and other

terms and conditions set forth in these Bidding Document.

33.3 The Bid Prices shall be quoted in Pak Rupees only as explained in Bid data sheet.

33.4 A bid once opened in accordance with the prescribed procedure shall be subject

to only those instructions of the Bid Document Rules, Regulations and Policies

that are in force at the time of issue of notice for invitation of bids.

IB.34 Qualification of the Bidder

34.1 The Employer, at any stage of the procurement proceedings, having credible

reasons for or prima facie evidence of any defect in Bidder’s capacities may

require the Bidder to provide information concerning their professional, technical,

financial, legal or managerial competence whether already pre-qualified.

34.2 Such qualification shall only be laid down after recording reasons thereof in

writing. They shall form part of the records of that procurement proceeding.

34.3 The Employer shall determine to its satisfaction whether a Bidder,

technically and financially qualified and even having the lowest evaluated

responsive bid is qualified to perform the Framework Contract satisfactorily.

34.4 The determination can take into account the Bidder’s financial,

technical, and production capabilities. It shall be based upon an examination of

the documentary evidence of the Bidder’s qualifications submitted by the

Bidder, as well as such other information as the Employer deems necessary and

appropriate. Further, during the process of technical evaluation of Bidder or

before delivery of goods, the Employer may inspect the manufacturing

plant/production capacity / warehousing system/practices by a team of experts

for assessment, if it deems necessary.

34.5 An affirmative determination shall be a prerequisite for award of the Framework

Contract to the Bidder. A negative determination shall result in rejection of the

Bidder’s bid, in which event the Employer shall proceed to the next lowest


27

evaluated bid to make a similar determination of that Bidder’s capabilities to

perform satisfactorily.

34.6 The Employer shall disqualify a Bidder if it finds, at any time, that the information

submitted by him concerning his qualification as Bidder was false and materially

inaccurate or incomplete.

IB.35 Rejection of the Bids

35.1 The Employer may reject all bids at any time prior to the acceptance of a bid in

accordance with Rule 35 of Punjab Procurement Rules-2014 (PPR-2014). The

Employer shall upon request communicate to any Bidder who submitted a bid,

the grounds for its rejection of any or all bids, but is not required to justify those

grounds.

35.2 The Employer incurs no liability, solely by virtue of its invoking Sub Clause 35.1

towards Bidders who have submitted bids.

35.3 The Bidders shall be promptly informed about the rejection of the Bids, if any.

IB.36 Re-Bidding

36.1 If the Employer rejects all the bids under Rule 35 of Punjab Procurement Rules-

2014 (PPR-2014), it may proceed with the process of fresh bidding but before

doing that it shall assess the reasons for rejection and may, if necessary, revise

specifications, evaluation criteria or any other condition for bidders.

IB.37 Announcement of Evaluation Report

37.1 The Employer shall announce the results of the bid evaluation in form of a report,

giving justification for acceptance or rejection of bids at least ten days prior to

issuance of the Letter of Acceptance.

F. AWARD OF FRAMEWORK CONTRACT

IB.38 Award Criteria

38.1 The Bidder whose bid is found to be responsive, conforming to the Evaluation

Criteria prescribed in Section III and having the lowest evaluated bid for that

type(IB-13), if not in conflict with any other law, rules, regulations or policy of the

Punjab Government, shall be awarded the Framework Contract, within the original

or extended period of bid validity.

IB.39 Employer’s Right to Vary Quantities at the Time of Award

39.1 The Employer reserves the right at the time of award of Framework

Contract to increase or decrease, the quantity of goods without any change in unit

price and other terms & conditions. The quantities mentioned in BDS or IB 1.5 are

mere tentative and are not binding on the Employer and/or Purchaser

IB.40 Notification of Award


28

40.1 The Employer (HUD&PHED) will notify the successful lowest evaluated Bidder or

Bidders as award of Framework Contract and will circulate the same to all Water

and Sanitation Agencies (WASAs) of Punjab for subsequent Contract agreement

and issuance of Purchase Order to successful Bidder or Bidders strictly in

accordance to rates finalized by HUD&PHE Department in line with IB 13.4,

Terms and Conditions of advertised Bidding Documents and after fulfillment of all

prescribed legal and codal formalities.

40.2 No Negotiation with the Bidder having evaluated as the lowest responsive or any

other Bidder shall be permitted, however, Employer may seek clarification in

writing to clarify any item in the bid evaluation report; and response of the Bidder

shall also be in writing.

40.3 The notification of award by the Employer and its acceptance by the Bidder will

constitute the formation of the Framework Contract, binding the Employer and the

Bidder till signing of the formal Contract Agreement by concerned WASA and the

Bidder.

40.4 Upon furnishing by the successful Bidder of a Performance Guarantee, the

Employer will promptly notify the other Bidders that their Bids have been

unsuccessful and return their bid securities.

IB.41 Performance Security.

41.1 The successful Bidder shall furnish to the Purchaser a Performance Security in

the form and the amount stipulated in the Conditions of Contract within a period of

15 days after the receipt of Purchase Order and Contract Agreement.

41.2 Failure of the successful Bidder to comply with the requirements of Sub-Clause IB

41.1 or Clauses IB.42 or IB.44 shall constitute sufficient grounds for the

annulment of the award and forfeiture of the Security.

IB.42 Signing of Framework Contract Agreement

42.1 After award of the framework contract and its subsequent circulation to all WASAs

in Punjab, respective WASAs may issue purchase orders as per their requirement

and availability of funds and send the Bidder the Contract Form provided in the

bidding documents, incorporating all agreements between the Parties.

42.2 If the successful Bidder, after completion of all codal formalities shows inability to

sign the Framework Contract then its Bid Security shall stand forfeited and the

bidder may be blacklisted and de-barred from future participation for a specific

period. In such situation, the Employer may award the Framework Contract to the

next lowest evaluated Bidder or call for new bids.

42.3 The Framework Contract shall become effective upon affixation of signature of the

Employer and the Successful Bidder on the Framework Contract form, and shall

be governed by the terms and conditions mutually agreed in the Framework


29

Contract and other documents declared as integral part of Frame- work Contract

in the Framework Contract Agreement.

42.4 The Framework Contract is to be made on a non-judicial stamp paper worth of

PKR. 500/-.

42.5 The Contract Agreement b/w Respective WASA and Successful Bidder is to be

made on stamp papers worth of Rs. @ 25 paisa per every one hundred rupees of

the total value of the contract, under section 22(A)(B) of schedule 1 of Stamp Duty

Act 1899 read with Finance Act 1995 (Act-VI of 1995) Notification No. JAW/HD/8-

21/77 (PG) dated 1st January, 2014.

IB 43 General Performance of the Bidders

43.1 The Employer reserves the right to obtain information regarding performance of

the bidders on their previously awarded contracts. The Employer may in case of

consistent poor performance of any Bidder as reported by the Employer of the

previously awarded contracts, inter alia, reject his bid and proceed in accordance

with Rule 21(1) of the Punjab Procurement Rules 2014 to take such action as may

be deemed appropriate under the circumstances of the case including black listing

of such Bidder and debarring him from participation in future bidding for supply of

Goods.

IB.44 Integrity Pact

44.1 The Bidder shall sign and stamp the Integrity Pact provided in Bid Forms in the

Bidding Documents, for all procurement contracts exceeding Rupees ten million.

Failure to provide such Integrity Pact shall make the bidder non-responsive.


30

SECTION II

BID DATA SHEET


31

BID DATA SHEET

IB Reference Description Detail

Issuance of Bidding Document As per invitation letter

IB 1.5

Tentative quantity of goods (Disclaimer. These quantities are mere tentative and not binding on employer

or WASAs)

Description Size (mm)Quantity Mechanical Water Meters DN15 140,000 DN20 5000

DN25 2000 Total Tentative Quantity - 147,000

IB 1.6 Point of delivery

Goods shall be delivered to the stores of

respective WASA at its address mentioned in the purchase order issued to the supplier. (5 WASAs are located at Lahore, Faisalabad, Rawalpindi,

Multan & Gujranwala)

IB 3 Eligible Countries

All countries of the world with whom Government of Islamic Republic of Pakistan has commercial / trade relations, except those upon which

international sanctions are imposed.

IB Clause 9

Address for communication: Additional Secretary (Admn. & Housing),

Housing, Urban Development & Public Health Engineering Department (HUD&PHED), 2-Lake Road, Lahore, Pakistan. Phone: +92-42-99212630

Email: [email protected]

IB Clause 11 Language of bid English

IB Clause 14 Currencies of Bid and Payment and point of delivery

PKR on free delivery to Consignee’s end (all

WASAs in Punjab) basis including Ex-work price, freight charges, insurance, all taxes and duties, transportation and storage charges till the

destination in any of 05 cities of respective WASA.

IB Clause 19 Bid validity period 90 Days

IB Clause 20 Amount of bid security PKR 5,000,000/-

IB Clause 22 Date of pre bid meeting As per invitation letter

IB Clause 25 Deadline for Submission As per invitation letter

IB Clause 28 i. Date, time and

ii. Venue of Bid Opening

As per invitation letter The Committee Room of Housing, Urban

Development & Public Health Engineering

Department (HUD&PHED), 2-Lake Road, Lahore, Pakistan

IB 33 Comparison of Bids In PKR

mailto:[email protected]


32

SECTION – III

EVALUATION AND QUALIFICATION CRITERIA


33

EVALUATION AND QUALIFICATION CRITERIA

A. Mandatory Requirements

Mandatory Requirements from serial # 1 to serial # 10 provided in the table below and in all Technical Bid Forms are compulsory. Failure to comply with any of these parameters will result in disqualification of bidder, being non-responsive.

Sr. No.

Documents/Capabilities and Compliance Required Attachment/Required Document

1. 100% Compliance to the required specifications. Fill out all the relevant Bid Forms for Technical Information of offered meters enclosed in Section- IVA, Technical Bid Forms. Attach specific literature/ brochure

of product with brand and model number verifying all required specifications (General brochure having partial coverage of the specifications will not be acceptable).Attach Technical information including drawing and performance curve (of the offered model) also.

Appendix A to Bid

2. Certification for the offered model of meters:

Compliance certificate of ISO: 4064 (International Organization Standardization)

Certificate issued by an authorized body of OIML: R49 (International Organization for legal Metrology

And/or Certificate issued by an authorized body of MID/2004/22/EEC/AWWA/JWWA

Appendix B to Bid

3. List of Equipment available at Manufacturer’s facility for Quality Assurance / Control Methodology.

Appendix C to Bid

4. Documentary proof (certificate of registration as Original Equipment Manufacturer) to the effect that the Bidder is the original Manufacturer of the required goods. In case of Authorized Agent, the bidder also has to provide documentary proof that its Principal is an Original Manufacturer of the required goods.

Appendix D to Bid

5. Certified Evidence of Production per Annum Appendix E to Bid

6. Certified Copy of Audited Accounts for Bidder’s Financial Status in terms of Average Annual Turnover for last three (03) Years

Appendix F to Bid

7. Previous experience of supply of Mechanical Water meters (Multi-jet, Volumetric Rotary Piston/Notating Disc) in last 3 years. Attested copies of Supply Order details showing contract amount along with Performance Certificates are to be submitted.

Appendix G to Bid

8 Authenticated Copy of Company Human Resource profile including engineering and managerial capability

Appendix H to Bid

9 Attach certified copy of NTN & GST or other appropriate authenticity of the similar nature applicable to the Bidder in the Country of origin of Goods including all such liabilities.

Appendix I to Bid

10 Minimum one (01) year Warranty of offered Goods. Appendix J to Bid


34

B. Scoring Items

Total points are 100. Minimum 65 scoring points are required for qualification in Technical Bid.

Sr. No Required Criteria

Maximum Marks

1 Capacity of production of the goods per annum (No. of meters)

<50,000 = 0 Marks

>50,000and<100,000 = 10 Marks

>=100,000 = 20 Marks

20

2 Bidder’s Financial Status

Average Annual Turnover for last three (03) Years

<5 Million USD = 0 Marks

>5 Million USD &<7 Million USD = 10 Marks

>7 Million USD = 20 Marks

20

3 Supply of Mechanical Water meters (Multi-jet, Volumetric Rotary Piston,

Notating Disc) having in last 3 years. Supply Order details showing

contract amount and Performance Certificates are to be submitted.

<0.5 Million USD = 0 Marks

>0.5 Million USD and<1 Million USD = 5 Marks

>1 Million USD and<2 Million USD = 10 Marks

>=2 Million USD = 20 Marks

20

4 Average Owner’s Equity in last 03 years or Available Credit Line

<2 Million USD = 0 Marks

>2 Million and <5 Million USD = 5 Marks

>5 Million USD = 10 Marks

10

5 Bidders should provide information on their current commitments of

similar nature of supplies that have been awarded or for which a letter of

intent or acceptance has been received, or against contracts approaching

completion.

1 contract = 5 Marks

>=2 contracts = 10 Marks

10

6 List of equipment available at Manufacturer’s facility for Quality Assurance / Control Methodology.

10

7 Company profile including:

Managerial Staff

Engineering Staff

Supervisory Staff

Technical Staff

Laboratory Staff

10


35

SECTION IV

BIDDING FORMS


36

SECTION –IV A

BIDDING FORMS FOR TECHNICAL BID


37

TECHNICAL BID FORM 1

BIDDER INFORMATION SHEET

Date: ............................................ ICB No.: WASA/2016/01

Page .................. of ................ pages

Bidder’s Information

Bidder’s legal name

Bidder’s country of constitution

Bidder’s year of constitution

Bidder’s legal address in the

country of constitution

Bidder’s Authorized Representative

(name, address, telephone

numbers, fax numbers, e-mail

Authorization to represent the

Bidder in accordance with

Instructions to Bidders

___________________________

Authorized Signature, date & Seal

Bidding Document for Framework Contract for the Procurement of Consumer Water Meters by

05 WASAs of Punjab

38


LETTER OF TECHNICAL BID

(To be submitted with Technical Bid) Invitation for Bib No

Name of the Framework Contract: Supply of consumer water meters

To: [Name and address of the Employer]

Dear Sir/Madam,

Having examined the bidding documents including Addenda Nos. [insert numbers & Date

of individual Addendum], the receipt of which is hereby acknowledged, we, the

undersigned, offer to supply and deliver the Goods under the above-named Framework

Contract in full conformity with the said bidding documents in accordance with the terms

and conditions of the Contract.

We undertake, if our bid is accepted, to deliver the Goods in accordance with the delivery

schedule specified in the schedule of requirements.

If our bid is accepted, we undertake to provide a performance security/guarantee in the

form, in the amounts, and within the times specified in the bidding documents.

We agree to abide by this bid, for the Bid Validity Period specified in the Bid Data Sheet

and it shall remain binding upon us and may be accepted by you at any time before the

expiration of that period. Until the formal final Framework Contract is prepared and

executed between us and the Employer, this bid, together with your written acceptance of

the bid and your notification of award, shall constitute a binding Contract between us.

We undertake that, in competing for (and, if the award is made to us, in executing) the

above Framework Contract, we will strictly observe the laws against fraud and

corruption in force in Pakistan.

We confirm that we comply with the eligibility requirements as per IB clauses 15&16 of the

bidding documents.

Name of the Bidder [Insert Complete name of the Bidder]

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

[Insert complete name of the person duly authorized to sign the bid]

Title of the person signing the Bid [Insert complete title of the person signing the

Bid]

Signature of the person named above

Dated 0n day of

Bidding Document for Framework Contract for the Procurement of Consumer Water Meters for 05 WASAs of Punjab

39


AFFIDAVIT

I/We, the undersigned solemnly state that:

1) I/We have read the contents of the Bidding Documents and have fully understood it. 2) The Bid being submitted by the undersigned complies with the requirements

enunciated in the bidding documents. 3) The Goods that we propose to supply under this Framework Contract are eligible

goods within the meaning of Clause IB.15. 4) The undersigned are also eligible Bidders within the meaning of Clause IB.14. 5) The undersigned are solvent and competent to undertake the subject Framework

Contract under the Laws of Pakistan. 6) The undersigned have not paid nor have agreed to pay, any Commissions or

Gratuities to any official or agent related to this bid or award or Framework Contract.

7) Replacement of goods under warranty shall be done without any extra cost within

45 days after defect notice. Sufficient spares will be kept available during the whole

period of warranty. Whole meter shall be replaced even if any part of meter is

damaged.

8) The bidding Firm is never blacklisted on any ground whatsoever. 9) I/We, further undertake that the prices given are reasonable.

I / We affirm that the contents of this affidavit are correct to the best of our knowledge and belief. Signed: In the capacity of [insert: title or position] Duly authorized to sign this bid/affidavit for and on behalf of [insert: name of Bidder]


40


ORIGINAL EQUIPMENT MANUFACTURER’S AUTHORIZATION*

To: [Name & Address of the Employer]

WHEREAS [name of the Manufacturer] who are established and reputable Manufacturers of [name

and/or description of the goods] having factories at [address of factory] do hereby authorize [name

and address of Supplier/ Agent] to submit a bid, and sign the Framework Contract with you

against the Invitation for Bids No. [Reference of the Invitation to Bid] for the goods manufactured by

us.

We hereby extend our full guarantee and warranty as per Special Conditions of Contract for the

goods offered for supply by our firm against this Invitation for Bids.

Signature:----------------------------------

Designation:-----------------------------

Official Stamp:----------------------------

*This letter of authority should be on the original letterhead of the Manufacturer and should be signed by a person

competent and having the power of attorney to bind the Manufacturer. It should be included by the Bidder in its bid


41


WARRANTY FORM

To: (The Employer)

Whereas [Name of Supplier] (hereinafter called “the Supplier”) has undertaken, in pursuance of Framework Contract No. ----------- dated --------- to supply consumer water meters (hereinafter called “the Contract”).

And whereas it has been stipulated by you in the said Framework Contract that the Supplier shall furnish you the warranty of the goods provided under the obligations in

accordance with the Framework Contract.

And whereas we have agreed to give the warranty of replacing the goods from Original Equipment/Goods Manufacturer provided under the contract for a period of 12 months

from the date of delivery of meters to respective WASA.

Therefore we hereby undertake that we shall replace the defective meter free of cost within

45 days whenever a written complaint is received from respective WASA. Sufficient spares will be kept available during the whole period of warranty.

Signature:---------------------------------- Designation:-----------------------------

Official Stamp:----------------------------

*This undertaking should be on the letter head of the Manufacturer of Goods and should be

signed by a person competent and having the power of attorney to bind the Manufacturer. It should be included by the Bidder in its bid.


42


Financial Status For Last Three (03) Years

Bidder’s Legal Name: ................... Date: ------------- ICB No.: WASA/2016/01

Each Bidder must fill in this form

Year1 Year 2

Year 3

Information From Balance Sheet

Total Assets (a)

Total Liabilities (b)

Net Worth (a-b)

Current Assets (c)

Current Liabilities (d)

Working Capital (c-d)

Information From Income Statement

Total Revenue

Profits Before Taxes

Profit After Taxes

_________________________________________

[Authorized Signature, date & Seal]


43


INTEGRITY PACT

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________ Contract Value: [To be filled in at the time of signing of Contract] Contract Title: _________________

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

Without limiting the generality of the foregoing, [name of Supplier] represents and warrants

that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or inducing the procurement of a contract, right, interest, privilege or other obligation or benefit in whatsoever form from GOP, except that which has been expressly declared pursuant hereto.

[name of Supplier] certifies that it has made and will make full disclosure of all agreements

and arrangements with all persons in respect of or related to the transaction with GOP and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty.

[name of Supplier] accepts full responsibility and strict liability for making any false

declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other rights and remedies available to GOP under any law, contract or other instrument, be voidable at the option of GOP.

Notwithstanding any rights and remedies exercised by GOP in this regard, [name of

Supplier] agrees to indemnify GOP for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to GOP in an amount equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or kickback given by [name of Supplier] as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever form from GOP.

Name of Employer: ……………… Name of Bidder/Supplier: …………

Signature: …………………… Signature: …………………………


44

APPENDICES TO BID


45

APPENDIX A TO BID

Technical Information of Offered Meter(s)

[The Bidder is required to attach:

1. Technical information including drawing and performance curve of the offered

meters.

2. Attach specific literature/ brochure of product with brand and model number

verifying all required specifications (General brochure having partial coverage of the

specifications will not be acceptable).]


46

TECHNICAL BID FORM A-1(a)

TECHNICAL SPECIFICATIONS OF OFFERED METERS

Water Meter Type: Volumetric Rotary Piston DN (15 mm)

Country of Origin:___________

Brand name: _______________

Model No: _________________

Properties of water Meters Comply / Non-Comply Remarks General Features:

i. Possib ility for Both Visual & Automated Meter Reading (AMR) outputs

ii. Tamper proof iii. Provided with non-return

valve

iv. Un-affected by grit and particulates

v. Provided with wire and lead seal

vi. Not effected by Magnetic field.

Certifications:

i. ISO 4064 (International Organization Standardization) compliant

ii. OIML: R49 (International Organization for Legal Metrology)

iii. MID/2004/22/EEC/AWWA/JWWA

Detailed Metrology Specifications: i. Size (15 mm)

ii. Accuracy: Class II iii. Material: Brass/Non-

ferrous metal

iv. Protection Class: IP-68 v. Ambient Temperature: +5

to 55oC

vi. Liquid Temperature: Up to 50

oC

vii. Maximum Working Pressure = 16 bars

viii. Flow rate: Q3/Q1 = 160 ix. Maximum Flow rate (Q3) :

2.5 m3/hr

Installation: i. Any Direction


47

TECHNICAL BID FORM A-1(b)




Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



4.0 m3/hr



48

TECHNICAL BID FORM A-1(c)




Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



6.3 m3/hr



49



Water Meter Type: Notating Disc DN (15 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



2.5 m3/hr



50





Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



4.0 m3/hr



51





Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



6.3 m3/hr



52



Water Meter Type: Multi-Jet Wet Dial DN (15 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



2.5 m3/hr

Installation: i. Horizontal


53



Water Meter Type: Multi-Jet wet Dial DN (20 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



4.0 m3/hr



54



Water Meter Type: Multi-Jet Wet Dial DN (25 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



6.3 m3/hr



55



Water Meter Type: Multi-Jet Semi Dry Dial DN (15 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



2.5 m3/hr



56





Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



4.0 m3/hr



57





Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



6.3 m3/hr

Installation: i. horizontal


58



Water Meter Type: Multi-Jet Dry Dial DN (15 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



2.5 m3/hr



59



Water Meter Type: Multi-Jet Dry dial DN (20 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



4.0 m3/hr



60



Water Meter Type: Multi-Jet Dry Dial DN (25 mm)


Brand name: _______________

Model No: _________________




valve




Certifications:






ferrous metal


to 55oC


oC



6.3 m3/hr

Installation: i. Hrizontal


61

APPENDIX B TO BID

Certifications of Offered Meter(s)

[The Bidder is required to attach:

1. Compliance certificate of ISO: 4064 (International Organization Standardization)

2. Certificate issued by an authorized body of OIML: R49 (International Organization for legal Metrology

And/or Certificate issued by an authorized body of MID/2004/22/EEC/AWWA/JWWA]


62

APPENDIX C TO BID

List of Quality Assurance / Control Methodology and

Equipment

[The Bidder will provide a list of all Equipment available at Manufacturer’s Facility to carry

out the Quality Assurance/Quality Control Test along with related Methodology.]


63

APPENDIX D TO BID

Documentary Proof as Original Manufacturer of Offered

Meter(s)

[The Bidder will provide Documentary Proof to the effect that they are the Original

Equipment Manufacturer of the required goods. In case of Authorized Agent, the bidder

also has to provide documentary proof that its principal is Original Equipment Manufacturer

of the required goods.]


64

APPENDIX E TO BID

Evidence of Production per Annum

[The Bidder will provide Certified Evidence of the Production of Offered Meter(s) per

Annum.]


65

APPENDIX F TO BID

Financial Capability

[The Bidder shall provide financial information to demonstrate that they meet the

requirements stated in the Evaluation Criteria. A copy of Audited Financial Statement for

03 years should be attached.]


66

APPENDIX G TO BID

Details of Supply Orders

[The Bidder shall provide Supply of Mechanical Water meters (Multi-jet, Volumetric Rotary

Piston, Notating Disc) having in last 3 years. Supply Order details showing contract amount and

Performance Certificates are to be submitted].


67

APPENDIX H TO BID

HR Profile of Company Profile

[The Bidder shall provide the complete Human Resource Profile of company.]


68

APPENDIX I TO BID

Tax Registration Details

[The Bidder shall provide certified relevant tax documents/taxpayer registration certificate

of Taxation Authority of parent country of OEM or Authorized Agent, whichever is

applicable. In case of Authorized Agent, Bidder shall submit FBR National Tax Number

Certificate and sales tax registration, in particular.]


69

APPENDIX J TO BID

WARRANTY CERTIFICATE

Attach One (01) year Warranty Certificate of offered meters.


70

SECTION –V

ELIGIBLE COUNTRIES


71

Eligible Countries

All countries of the World with whom Government of Islamic Republic of Pakistan has

commercial/trade relations, except those upon which international sanctions have been

imposed.


72

PART – 2

EMPLOYER’S REQUIREMENTS


73

SECTION –VI

TECHNICAL SPECIFICATIONS AND TENTATIVE QUANTITIES


74

Requirements

Secretary, HUD&PHED Govt. of Punjab, Pakistan, as Employer wants to make a

framework Contract to purchase Consumer Water Meters for 05 Water and Sanitation

Agencies (05 WASAs) located at Lahore, Faisalabad, Rawalpindi, Multan & Gujranwala for the purpose of type Size, rate, technical Specifications and tentative number only. Separate Contract agreement by Managing Director(s) (MD)/ Purchasers of the respective Water and Sanitation Agency (WASA) shall be signed

with successful bidder independently based on the rate, size, type and specifications,

already agreed in Framework Contract with the Employer.. The following technical specifications of mechanical and static water meters are

hereby notified for procurement of water meters by all WASAs in Punjab, Pakistan.


75

TECHNICAL SPECIFICATIONS OF CONSUMER WATER METERS

Details of Required Specifications for consumer water meters are as under:

MECHANICAL WATER METERS

1 Technology

i. Volumetric Rotary Piston / Notating Disc

ii. Multi-jet

2 General Features

i

ii

iii

iv

v

vi

Possibility for Both Visual & Automated Meter Reading (AMR)

outputs

Tamper proof

Provided with non-return valve

Un-affected by grit and particulates

Provided with wire and lead seal

Not effected by Magnetic field

3 Certification

i

ii

ISO 4064 (International Organization Standardization) compliant

OIML: R49 (International Organization for Legal Metrology) and

MID/2004/22/EEC/AWWA/JWWA

4 Detailed Metrological Specifications

i

ii

iii

iv

v

vi

vii

viii

ix

x

Size: 15mm to 25mm

Accuracy: Class -2I

Material: Brass / Non-ferrous Metal

Protection Class: IP-68

Ambient Temperature: +5 to 55 C

Liquid Temperature: Up to 50 C

Maximum working pressure: 16 bar

Flow rate: Q3/Q1 = 160

Maximum Flow rate

(m3/hr) : Q3 15mm 20mm 25mm

2.5 4.0 6.3

Installation: i. Any direction

ii. Horizontal (Multijet)


76

TENTATIVE QUANTITIES OF CONSUMER WATER METERS

Description Size (mm) Quantity

Mechanical Water Meters

DN15 140,000 DN20 5000

DN25 2000

Total Tentative Quantity - 147,000

Disclaimer: The quantities of water meters mentioned here are purely tentative/ indicative and it shall not be binding on the Employer or WASAs. Bidder may win the

Contract for the particular meter type in which he quotes the lowest. It is not the binding for bidder to quote for all types of meters as required in Financial Bid Forms.


77

PART – 3

CONDITIONS OF CONTRACT

AND CONTRACT FORMS


78

SECTION VII

GENERAL CONDITIONS


79

The General Conditions governing this Framework contract are the Standard

General Conditions of Contract set forth in Part 3, Section VII of the Standard Bidding Documents for Procurement of Goods published/adopted by WB in March, 2013, by

JICA in May, 2013 and by ADB in December 2015. Their SBDs along with these general conditions are available on their respective web site shown below:


80

Table of Clauses 1. Definitions 81

2. Contract Documents 82

3. Corrupt or Fraudulent Practices 82

4. Interpretation 82

5. Language 85

6. Joint Venture, Consortium or Association 85

7. Notices 85

8. Governing Law 85

9. Settlement of Disputes 85

10. Scope of Supply 86

11. Delivery and Documents 86

12. Supplier’s Responsibilities 86

13. Contract Price 86

14. Terms of Payment 86

15. Taxes and Duties 87

16. Performance Security 87

17. Copyright 87

18. Confidential Information 87

19. Subcontracting 87

20. Specifications and Standards 97

21. Packing and Documents 97

22. Insurance 98

23. Transportation 98

24. Inspections and Tests 98

25. Liquidated Damages 99

26. Warranty 99

27. Patent Indemnity 100

28. Limitation of Liability 101

29. Change in Laws and Regulations 101

30. Force Majeure 102

31. Change Orders and Contract Amendments 102

32. Extensions of Time 103

33. Termination 103

34. Assignment 103

35. Export Restriction 103


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1. Definitions

1.1. The following words and expressions shall have the meanings hereby assigned to them:

a) “Base Date” means the date 28 days prior to the latest date for submission of the Bids.

b) “Completion” means the Goods or any portion thereof, including the Related Services, if applicable, have been delivered by the Supplier in accordance with the terms and conditions set forth in the Contract.

c) “Contract” means the Contract Page 81 of 127 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.

d) “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto.

e) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

f) day” means calendar day.

g) “GC” means the General Conditions.

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) “Incoterms” means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition as of the Base Date), 38 Course Albert 1er, 75008 Paris, France.

j) “JICA” means Japan International Cooperation Agency.

k) “PC” means the Particular Conditions.

l) “Project Site” means the place of the final destination as named in the PC

m) Purchaser” means the entity purchasing the Goods


82

and Related Services, as specified in the PC

n) “Purchaser’s Country” is the country specified in the PC.

o) “Related Services” means the services incidental to the supply of the Goods, such as insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract, excluding inland transportation and other services required to convey the Goods to their final destination

p) “Subcontractor” means any person to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier, and the legal successors in title to each of these persons.

q) Supplier” means the person(s) whose Bid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement, and the legal successors in title to this person(s).

2. Contract Documents 2.1. Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole.

3. Corrupt or Fraudulent Practices

3.1. If the Purchaser determines, based on reasonable evidence, that the Supplier has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, in competing for or in executing the Contract, then the Purchaser may, after giving fourteen (14) days notice to the Supplier, terminate the Supplier’s employment under the Contract and cancel the Contract, and the provisions of GC Clause 33 shall apply as if such expulsion had been made under GC Sub-Clause 33.1.

3.2. Should any employee of the Supplier be determined,

based on reasonable evidence, to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, then that employee shall be removed.

4. Interpretation 4.1. In the Contract, except where the context requires otherwise:

a) words indicating one gender include all genders;

b) words indicating the singular also include the plural


83

and words indicating the plural also include the singular;

c) provisions including the word “agree,” “agreed,” or

d) “agreement” require the agreement to be recorded in writing;

e) the word “Tender” is synonymous with “Bid,” “Tenderer,” with “Bidder,” and “Tender Documents” with “Bidding Documents;” and

f) “written” or “in writing” means hand-written, type- written, printed or electronically made, and resulting in a permanent record.

The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions.

4.2. Incoterms

a) Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of parties thereunder shall be as prescribed by Incoterms.

b) The terms EXW, CIP, FCA, CFR and other similar terms, when used, shall be governed by the rules prescribed in the latest edition of Incoterms as of the Base Date.

4.3. 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 the parties with respect thereto made prior to the date of Contract.

4.4. 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.

4.5. Non-Waiver

a) Subject to GC 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


84

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.

4.6. 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.

4.7. Country of Origin

“Origin” means the place where the Goods have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components

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 PC. 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 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, for documents provided by the Supplier.

6. Joint Venture or Consortium

6.1. If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and 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. The composition or the constitution of the joint venture, consortium, or association shall not be altered without the prior consent of the Purchaser.

7. Notices 7.1. Any notice given by one party to the other pursuant to the Contract shall be in writing and delivered against receipt.


85

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

8. Governing Law 8.1. The Contract shall be governed by and interpreted in accordance with the laws of the Purchaser’s Country, unless otherwise specified in the PC.

9. Settlement of Dispute 9.1. The Purchaser and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.

9.2. If, after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the Contract. Arbitration shall be conducted as follows:

a) if the Contract is with foreign suppliers (or if the lead partner is a foreign Supplier, in case of a JV), international arbitration with proceedings administered by the International Chamber of Commerce (ICC) and conducted under the ICC Rules of Arbitration, by one or more arbitrators appointed in accordance with said arbitration rules.

b) if the Contract is with domestic Suppliers, arbitration with proceedings conducted in accordance with the laws of the Purchaser’s Country. The place of arbitration shall be a neutral location determined in accordance with the applicable rules of arbitration; and the arbitration shall be conducted in the language for communications defined in GC Sub-Clause 5.1.

9.3. Notwithstanding any reference to arbitration herein, a) the parties shall continue to perform their

respective obligations under the Contract unless they otherwise agree; and

b) the Purchaser shall pay the Supplier any monies due the Supplier.

10. The Scope of Supply 10.1. The Goods and Related Services to be supplied shall be as specified in the Schedule of Requirements.

11. Delivery and 11.1. Subject to GC Sub-Clause 31.1, the delivery of the


86

Documents Goods and Related Services shall be in accordance with the Delivery Schedules specified in the Schedule of Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the PC.

12. Supplier’s Responsibilities

12.1. The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in accordance with GC Clause 10, and the Delivery Schedules, as per GC Clause 11.

13. Contract Price 13.1. Prices charged by the Supplier for the Goods supplied and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier in its Bid, with the exception of any price adjustments authorized in the PC.

14. Terms of Payment 14.1. The Contract Price, including any Advance Payments, if applicable, shall be paid as specified in the PC.

14.2. The Supplier’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods and Related Services delivered, and by the documents submitted pursuant to GC Clause 11 and upon fulfillment of all other obligations stipulated in the Contract.

14.3. Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after submission of an invoice or request for payment by the Supplier, and after the Purchaser has accepted it.

14.4. The currencies in which payments shall be made to the Supplier under this Contract shall be those in which the Bid Price is expressed.

14.5. In the event that the Purchaser fails to pay the Supplier any payment by its due date, the Purchaser shall pay to the Supplier interest on the amount of such delayed payment for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award. Unless otherwise stated in the PC, the applicable interest rate shall be at the annual rate of three (3) percentage points above the discount rate of the central bank in the country of the currency (ies) of payment, or if not available, the interbank offered rate, and shall be paid in such currency.

15. Taxes and Duties 15.1. For Goods supplied from outside the Purchaser’s Country, the Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the Purchaser’s Country.

15.2. For Goods supplied from within the Purchaser’s Country, the Supplier shall be entirely responsible for


87

all taxes, duties, license fees etc., incurred until delivery of the contracted Goods to the Purchaser.

15.3. If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in the Purchaser’s Country, the Purchaser shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.

16. Performance Security 16.1. If required as specified in the PC, the Supplier shall, within twenty-eight (28) days of the notification of Contract award, provide a performance security for the performance of the Contract in the amount specified in the PC.

16.2. 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.

16.3. As specified in the PC, the Performance Security, if required, shall be denominated in the currency(ies) of the Contract, or in a freely convertible currency acceptable to the Purchaser; and shall be in one of the format stipulated by the Purchaser in Section IX, Contract Forms, or in another format acceptable to the Purchaser.

16.4. The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date on which the Supplier’s performance obligations under the Contract, including any warranty obligations, have been completed.

17. Copy Right 17.1. The copyright in all drawings, documents, and other 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.

18. Confidential Information

18.1. The Purchaser and the Supplier shall keep confidential 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


88

Supplier under GC Clause

18.2. 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 performance of the Contract.

18.3. The obligation of a party under GC Sub-Clauses 18.1 and 18.2 above, however, shall not apply to information that:

a) the Purchaser or Supplier need to share with JICA 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 from a third party that has no obligation of confidentiality.

18.4. The above provisions of GC Clause 18 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.

18.5. The provisions of GC Clause 18 shall survive completion or termination, for whatever reason, of the Contract.

19. Subcontracting 19.1. The Supplier shall notify the Purchaser in writing of all subcontracts awarded under the Contract if not already specified in the Bid. Such notification, in the original Bid or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract.

19.2. Subcontracts shall comply with the provisions of GC Clause 3.

19.3. If the Supplier uses a subcontractor for production and sales of Goods offered, such a subcontractor shall be named in the Contract. The Supplier shall be required to obtain the prior consent of the Purchaser in case the Supplier intends to replace any subcontractor named in the Contract with another subcontractor.


89

20. Specifications and Standards

20.1. Technical Specifications and Drawings;

a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in the 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 Goods’ country of origin.

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) 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 Schedule of Requirements. 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 GC Clause 31.

21. Packing and Document 21.1. The Supplier shall provide such packing of the Goods 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 Goods’ final destination and the absence of heavy handling facilities at all points in transit.

21.2. 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 PC, and in any other instructions ordered by the Purchaser.

22. Insurance 22.1. Unless otherwise specified in the PC, the Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery, in accordance with the applicable Incoterms or in the


90

manner specified in the PC.

23. Transportation 23.1. Unless otherwise specified in the PC, responsibility for arranging transportation of the Goods shall be in accordance with the specified Incoterms.

24. Inspections and Tests 24.1. The Supplier shall at its own expense and at no cost to the Purchaser carry out all such tests and/or inspections of the Goods and Related Services as are specified in the PC.

24.2. . The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods’ final destination, or in another place in the Purchaser’s Country as specified in the PC. Subject to GC Sub-Clause 24.3, 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.

24.3. The Purchaser or its designated representative shall be entitled to attend the tests and/or inspections referred to in GC Sub- Clause 24.2, 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.

24.4. 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.

24.5. 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 impedes 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


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affected.

24.6. The Supplier shall provide the Purchaser with a report of the results of any such test and/or inspection.

24.7. 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 GC Sub-Clause 24.4.

24.8. 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 GC Sub-Clause 24.6, shall release the Supplier from any warranties or other obligations under the Contract.

25. Liquidated Damages 25.1. Except as provided under GC Clause 30, if the Supplier fails to deliver any or all of the Goods or Related Services by the Completion date 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 PC of the delivered price of the delayed Goods or Related Services for each week or part thereof of delay until actual delivery, up to a maximum deduction of the percentage specified in the PC. Once the maximum is reached, the Purchaser may terminate the Contract pursuant to GC Clause 33.

26. Warranty 26.1. 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.

26.2. Subject to GC Sub-Clause 20.1(b), 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 the Purchaser’s Country where the Project Site is located.

26.3. Unless otherwise specified in the PC, the warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be,


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have been delivered to and accepted at the final destination defined as the Project Site, or for eighteen (18) months after the date of shipment from the port or place of loading in the country of origin, whichever period concludes earlier.

26.4. 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.

26.5. Upon receipt of such notice, the Supplier shall, within a reasonable period, expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Purchaser.

26.6. If having been notified, the Supplier fails to remedy the defect within a reasonable period, the Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.

27. Payment Indemnity 27.1. The Supplier shall, subject to the Purchaser’s compliance with GC Sub-Clause 27.2, 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 Purchaser’s Country where the Project 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.


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27.2. If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in GC Sub-Clause 27.1, 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.

27.3. If the Supplier fails to notify the Purchaser within twenty-eight (28) 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 behalf.

27.4. 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

27.5. 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.

28. Limit of Liability 28.1. Except in cases of criminal negligence or willful misconduct, a) the Supplier shall not be liable to the Purchaser,

whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the 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


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equipment, or to any obligation of the Supplier to indemnify the Purchaser with respect to patent infringement

29. Changes in Laws and Regulations

29.1. Unless otherwise specified in the Contract, if after the Base Date, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed (which shall be deemed to include any change in interpretation or application by the competent authorities) in the Purchaser’s Country where the Project Site is located that subsequently affects the delivery date and/or the Contract Price, then such delivery date and/or Contract Price shall be correspondingly adjusted, 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 GC Clause 13.

30. Force Majeure 30.1. 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.

30.2. 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

30.3. 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.

31. Change Orders and Contract Amendments

31.1. The Purchaser may at any time order the Supplier through notice in accordance GC Clause 7, to make changes within the general scope of the Contract in any one or more of the following:

a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to


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be specifically manufactured for the Purchaser;

b) the method of shipment or packing;

c) the place of delivery; and

d) the Related Services to be provided by the Supplier

31.2. 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 Schedules, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of the Purchaser’s change order.

31.3. 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.

31.4. Subject to the above, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties.

32. Extension of Time 32.1. If at any time during performance of the Contract, the Supplier or its Subcontractors should encounter conditions impeding timely delivery of the Goods or Related Services pursuant to GC Clause 11, the Supplier shall promptly notify the Purchaser in writing of the delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.

32.2 Except in case of Force Majeure, as provided under GC Clause 30, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GC Clause 25, unless an extension of time is agreed upon, pursuant to GC Sub-Clause 32.1

33. Termination 33.1. Termination for Default

a) The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate the Contract in whole or in part, if the Supplier, in the


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judgment of the Purchaser has engaged in fraud and corruption, as defined in GC Clause 3, in competing for or in executing the Contract.

b) If the Supplier:

i. 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 GC Clause 32; or

ii. fails to perform any other obligation under the Contract; then the Purchaser may, without prejudice to any other rights it may possess under the Contract, give a notice to the Supplier stating the nature of the default and requiring the Supplier to remedy the same. If the Supplier fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Purchaser may terminate the Contract forthwith by giving a notice of termination to the Supplier that refers to GC Sub-Clause 33.1. In the event the Purchaser terminates the Contract in whole or in part, pursuant to GC Clause 33.1, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered, 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.

33.2. Termination for Insolvency

a) The Purchaser may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes 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

33.3. Termination for Convenience.

a) The Purchaser, by 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


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effective.

b) The Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier’s receipt of 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.

34. Assignment 34.1. 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.

35. Export Restrictions 35.1. Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Purchaser, the Purchaser’s Country, or to the use of the products/goods, systems or services to be supplied, which arise from trade regulations from a country supplying those products / goods, systems or services, and which substantially impede the Supplier from meeting its obligations under the Contract, shall release the Supplier from the obligation to provide deliveries or services, always provided, however, that the Supplier can demonstrate to the satisfaction of the Purchaser that it has completed all formalities in a timely manner, including applying for permits, authorizations and licenses necessary for the export of the products/goods, systems or services under the terms of the Contract. Termination of the Contract on this basis shall be for the Purchaser’s convenience pursuant to Sub-Clause 33.3.


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Section VIII. Particular Conditions (PC)


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Notes of Particular Conditions General: the word/term, “the Contract”, where ever comes in GCs, it is considered to

be replaced with, “the Framework Contract”. The Particular Conditions (PC) complement the General Conditions (GC) to specify data and contractual requirements linked to the special circumstances of the country,

the Employer/Purchaser, or the overall project. Whenever there is a conflict, the provision herein shall prevail over those in the GC.

Clause numbers in the PC correspond to those in the GC

Conditions Sub-Clause Data

GC 1.1(c) Delete and substituted by the following i. Framework Contract” means the Contract Agreement

entered into between the Employer (Secretary

HUD&PHED) and the successful bidder together with the Contract Documents referred to therein, including

all attachments, appendices and all documents incorporated by reference therein.

ii. "Letter of Acceptance" means the letter of formal acceptance by the Employer of the Letter of Tender,

including any annexed memoranda comprising agreements between and signed by both Parties (Employer and Supplier). If there is no such letter of

acceptance, provisions including the expression "Letter of Acceptance" refer to the Contract Agreement

and references to dates related to the Letter of Acceptance relate to the date on which the Parties enter into the Contract Agreement.

iii. “The Employer” means the Secretary HUD&PHED

Government of Punjab Pakistan.


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GC

1.1(d)

1.1(e)

1.1(i)

1.1(m)

1.1(n)

1.1(o)

iv. A purchase order (PO) is a document and first official offer issued by “the Purchaser” to “the Supplier”

consequent upon “the Framework Contract” indicating types, quantities, and agreed prices for Consumer

Water Meters and relevant services, if any, within the completion period mentioned in “LOA” and “General/ Particular Conditions”, to control the purchasing of

“Goods”.

Replace the word “Contract” with “Framework Contract”

“Contract Price” means the price evaluated as per para 1

of the letter of Financial Bid, i.e., “The Bidder shall

submit the Unit Price, of all meters types and sizes

meeting the technical specification of Employer’

Requirements, offered by him, but the Bidder may win

the Framework Contract for the particular meters types

in which he is Evaluated as the lowest successful

Bidder”, not necessarily in all meter and types”.

Contract Price = The Lowest evaluated Unit Price x

Tentative Quantity for that particular type, size &

specifications as mentioned in Section VI (Employer’s

Requirements)

“Project Sites” are the 05 Water and Sanitation

Agencies (05 WASAs), at Lahore, Faisalabad, Rawalpindi, Multan and Gujranwala cities in Punjab,

Pakistan.

i. ”The Purchaser”, is the respective Managing Director of any of the 05 Water and Sanitation Agencies (05

WASAs), at Lahore, Faisalabad, Rawalpindi, Multan and Gujranwala cities in Punjab, Pakistan.

ii. In Framework Contract “Party” means the Employer or the Supplier , as the context requires, and

“Parties” means both of them.

The Employer/Purchaser’s country is Pakistan

The Related services do not include installation, training but include inland transportation and other services to convey the Goods to their destination

without any extra cost to the Employer/Purchaser.


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Conditions Sub-Clause

Data

GC 1.1(q) i. “Supplier’s Agent” means any person

nominated by the Supplier and approved

by the Employer/Purchaser in an acceptable manner hereof to perform the duties delegated by the Supplier and

approved by the Employer/Purchaser.

ii. “Supplier’s Manager” means the person

appointed by the Supplier’s Agent and approved by the Employer/Purchaser in

an acceptable manner to perform the duties delegated by the Supplier’s Agent

and approved by the Employer/Purchaser.

GC 2.1 The words/terms, “Contract Agreement” is

replaced with the terms, “Framework Contract Agreement”.

GC 4.2 Deleted and substituted by the following: The term DDP (Deliver Duty Paid) will be applicable.

GC 4.7 The Sub-Clause is replaced as,” the Country of origin means the place where the Goods have been grown, mined, cultivated, manufactured, or processed,i.e., where 100% parts of the Goods are manufactured and assembled. .

GC 5.1 The Language shall be English.


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GC 9.2 This Sub-Clause is deleted and replaced as: If, after twenty-eight (28) days, the

parties(Supplier and Purchaser when their contract becomes effective) have failed to

resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other

party of its intention to commence arbitration, as through the Secretary HUD&PHED (the

Employer). Arbitration, whether the Purchaser is foreigner or domestic, shall be conducted as follows:

The place of arbitration shall be Lahore, Pakistan and shall be conducted in the

language for communications defined in GC Sub-Clause 5.1. The Secretary HUD&PHED (the Employer), after

hearing the “Purchaser” and the “Supplier” by giving them reasonable opportunity of their

defiance and argues, decide maximum within 90 days after receiving the notice of dispute from either Party. This decision shall be final and

binding on the Purchaser and the Supplier.


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Conditions Sub-Clause Data

GC 10.1 Deleted and substituted by;

The Goods and Related Services to be supplied shall be as specified in the Employer’s Requirements/ Schedule of Requirements and of

quantity agreed between “the purchaser” and “the Supplier”.

GC 11.1 Deleted and substituted by;

Subject to GC Sub-Clause 31.1, the delivery time will be agreed between the respective Supplier and

the Purchaser in calendar months from the Commencement Date of respective Framework Contract. The purchase order from all MDs of 05

WASAs shall not exceed 2 years from the Letter of Acceptance. The delivery time of the individual

purchase order shall not exceed 06 months from the date of purchase order. The product should have a warranty for 01 year

from the date of taken over.

Details of Shipping and other Documents to be furnished by the Supplier are: i. A Delivery Schedule

ii. Non-negotiable sea way bill / airway bill / a railway consignment note / a road consignment

note (Whichever is applicable) iii. Insurance Certificate iv. Pre-shipment Inspection Certificate issued by

nominated agency/third party inception v. Supplier’s factory shipping details The above documents shall be received by the

Purchaser before arrival of the Goods and, if not received, the supplier will be responsible for any

consequent expenses.


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Data

GC 13.1 The prices charged for the Goods supplied and the Related Services performed “shall not” be adjustable.

GC 14.1 Payment for the Goods supplied :

(i) Advance Payment: No advance

payment shall be made

(ii) On Delivery: Ninety (90) percent of the

Contract Price shall be paid within Sixty (60) days after delivery and Acceptance of Goods, along with invoice and the

documents specified in GC Clause 11 and PC Clause 11.

(iii) Performance Certificate

10% of the Contract Price shall be paid upon successful completion of Warranty

Period.

GC 14.4: All payments are to be quoted by the Supplier and paid by the Purchaser, only, in Pakistani

Currency, i.e., in PKR.

GC 14.5 Deleted


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GC 15 The whole Clause is deleted and replaced with; Compliance with Statutes, Regulations and Laws The Supplier shall, in performing the Framework Contract, comply with applicable Laws. Unless

otherwise stated in the Particular Conditions: The Supplier shall give all notices, pay all taxes,

duties and fees, and obtain all permits, licenses and approvals, as required by the Laws of the Country of origin as well as Pakistan in relation

to the design, execution and completion of the Services and the remedy of any defects; and

the Supplier shall indemnify and hold the Employer/Purchase harmless against and from the consequences of any failure to do so.

GC 16.1 2% Performance Security in the form of Bank Guaranty from the Scheduled Bank of Pakistan, or from a foreign bank duly counter guaranteed by a Scheduled Bank in Pakistan, in favor of the Employer valid for the period of Framework Contract, evaluated on the basis of Letter of Financial Bid or PC 1.1.

The successful Bidder shall also furnish to the Purchaser a Performance Security in the form and the amount stipulated in the Conditions of Contract (between purchaser and Supplier) within a period of 15 days after the receipt of Purchase Order and Contract Agreement.

GC 16.3 The Performance Security shall be in the form of an unconditional and irrevocable bank guarantee issued either by a Nationalized or Scheduled Bank located in Pakistan or a foreign bank through a correspondent bank located in Pakistan and acceptable to the Employer.


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Data

GC 16.4 Deleted and substituted by the following: The Performance Security shall be valid until the

Contractor/Supplier has fully and satisfactorily completed all of its obligations of the Contract. Half of the performance security shall be released after

issue of “Taking over Certificate”. The remaining half of performance Security will be released to the

Contractor/Supplier within 14 days of the issue of the “Performance Certificate”.

GC 21.2 Deleted and substituted by the following: TThe packing, marking and documentation within and

outside the packages shall be: • Each meter should be packed in a separate box

along with its end connectors.

• Each meter should have its test certificates which should be kept securely inside the respective

individual meter boxes. • Each meter boxes should have marking of

“Respective WASA’s Water Supply Project” on the

top of the box. • The individual meter boxes need to be then packed

and sealed into bigger boxes. The size of the bigger boxes should be such that they are strong enough to hold the number of meters packed inside and

should be easy to move. • The large boxes in which number of individual meter

boxes are packed should be marked as below: Delivery Address: The Managing Director WASA Full address of the respective Purchaser.

GC 22.1 The insurance coverage shall be the responsibility of the Supplier and Cost included in Contract Price.


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Data

GC 23.1 Deleted and substituted by the following: Responsibility for transportation shall be as follows: “The Supplier is required under the Contract to transport the Goods to a specified place of final destination within the Purchaser’s Country, defined as the Project Site, transport to such place of destination in the Purchaser’s Country, including insurance and storage, as shall be specified in the Contract, shall be arranged by the Supplier, and related costs shall be included in the Contract Price”.

Inspection and Tests GC 24.1 1% of the meters supplied (separately for each lot of the meters) need to be tested at the

facilities of OEM. The test certificates will be review for compliance of the technical

specifications. The testing will be witnessed by the client’s representative and Third Party Inspection

representative. All expenses towards testing need to be borne

by the supplier.

Inspection and Tests GC 24.2 The inspection shall be conducted on the premises of the Supplier, at point of Supplier’s store, and at the Goods final destination.

The Testing shall be conducted by the Supplier.

Liquidated Damages GC 25.1 The Liquidated damages shall be 0.067% per 1 day delay.

The maximum percentage of Liquidated Damages

will be 10 % (ten percent) of the final Contract Price.


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Warranty GC 26.3 The Supplier should provide Warranty for the products supplied for a period of 01 year from

the Date of Delivery Completion.

The Supplier should also provide a Technical and spare parts support during the Warranty period of 01 year.

The Final Contract Completion Certificate will

not be issued until the warranty, defects and all outstanding work have been completed.

Warranty GC 26.3 For the purpose of the warranty, the places(s)

of final destinations(s) shall be: Project Site

Additional Clause to be included in the Contract Conditions

Contract PC 1 "Contract" means these Conditions of Contract (Section VII & VIII), the Employer’s Requirements, the Tender, the Contractor's Proposal, the Schedules, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the Letter of Acceptance or Contract Agreement (if completed).

Taking Over Certificate

PC- 2 "Taking-Over Certificate" means a certificate issued by the each WASA when the Supply of the total quantity has been completed in accordance with the Contract. The Taking Over certificate will be issued: • After completion of the supply of the total quantity • After receipt of satisfactory test results of the 1% sample meters which are tested for accuracy at Supplier’s facility any other approved facility as deemed fit by the client. • After the Contractor / Supplier has the full-filled the requirements of the Performance Security.

Performance Certificate

PC-3 "Performance Certificate" is synonymous with "Contract Completion Certificate" and means the certificate issued by the respective after satisfactory completion of the supply and completion of the 01 year technical and spare parts support of the product supplied and other Contract obligations in accordance with the provisions of Contract.


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Remedying Defects PC-4 The Employer may at any time prior to the expiry of the Warranty Period notify the Contractor of any defects or outstanding work. The Contractor shall remedy at no cost to the Employer any defects due to the Contractors design, materials, not being in accordance with the Contract. This will be the key activity of 01 year Technical and spare parts support“ However, if following discussions between the Engineer and the Contractor and any changes to the draft final statement which are agreed, it becomes evident that a dispute exists, the Engineer shall deliver to the Employer (with a copy to the Contractor) an Interim Payment Certificate for the agreed parts of the draft final statement. Thereafter, if the dispute is finally resolved under Sub-Clause 15 [Resolution of Disputes] the Contractor shall then prepare and submit to the Employer a Final Statement.”

Ownership of Plants and Materials

PC-5 Each item of Plant and Materials shall become the property of the Purchaser / Employer at whichever is the earlier of the following times, free from liens and other encumbrances: a) when it is delivered to Project Site; b) When the Contractor is entitled for payment of the value of the Goods. Notwithstanding anything stated in the preceding paragraph, the Contractor shall not be entitled for payment for Goods which are not in conformation to the Specifications and requirements stated in this Contract or in terms thereof.


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Section IX.

Contract Forms


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DRAFT FRAMEWORK CONTRACT FORM

THIS FRAMEWORK CONTRACT is made on ____________ (Date), between the

Secretary, HUD&PHED, Govt. of Punjab, Pakistan (here in after referred to as “the Employer”) of the First Part; and M/s (firm name) a firm registered under the laws of -------

--/Pakistan and having its registered office at (address of the firm or manufacturer of the Goods) (hereinafter called the “Supplier”) of the Second Part (hereinafter referred to individually as “Party” and collectively as the “Parties”).

WHEREAS the Employer (the Secretary, HUD&PHED Govt. of Punjab, Pakistan)

invited bids for procurement of goods, in pursuance where of M/s (firm name) being the

Original Equipment Manufacturer / Authorized Agent in Pakistan and ancillary services

offered to supply the required item(s); and Whereas, the Employer has accepted the bid

by the Supplier as per following detail;

Item No.

Item Name Unit Price in PKR (As

per contract)

NOW THE PARTIES (the Supplier and the Employer) TO THIS FRAMEWORK CONTRACT AGREE TO THE FOLLOWING;

1. The Framework Contract:

The following documents are the integral part of the Framework contract. In case of

any conflict between different Contract Documents, the priority shall be as follows.

i. This Framework Contract Form

ii. Letter of acceptance

iii. Particular Conditions of the Contract , refer Section VIII

iv. Employer’s Requirements, Technical Specifications , refer Section VI

v. General Conditions of the Contract, refer Section VII

vi. Integrity pact

vii. Price Schedule , refer Financial Bid

viii. Affidavit , Annex-K

2. Interpretation:

In this Contract, words and expressions shall have the same meanings as are

respectively assigned to them in the General Conditions of this Contract hereinafter

referred to as “Framework Contract”.

3. The Term of the Framework Contract:

This Framework contract shall remain valid for two (02) years from the date of


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signing, unless amended by mutual consent.

4. Declaration:

The Supplier declares as under:

i. [Name of the Supplier] hereby declares that it has not obtained or induced the

procurement of any Contract, right, interest, privilege or other obligation or benefit

from Government of Punjab or any administrative subdivision or Agency thereof or

any other entity owned or controlled by it (Government of Punjab) through any

corrupt business practice.

ii. Without limiting the generality of the foregoing, [the Seller/ Supplier] represents and

warrants that it has fully declared the brokerage, commission, fees etc., paid or

payable to any one and not given or agreed to give and shall not give or agree to

give to anyone within or outside Pakistan either directly or indirectly through any

natural or juridical person, including its affiliate, agent, associate, broker,

consultant, director, promoter, shareholder, sponsor or subsidiary, any commission,

gratification, bribe, finder’s fee or kickback, whether described as consultation fee

or otherwise, with the object of obtaining or including the procurement of a

Contract, right interest, privilege or other obligation or benefit in whatsoever form

from Government of Punjab, except that which has been expressly declared

pursuant hereto.

iii. [The Supplier] certifies that has made and shall make full disclosure of all agreements and arrangements with all persons in respect of or related to the transaction with Government of Punjab and has not taken any action or shall not take any action to circumvent the above declaration, representation or warranty.

iv. [The Supplier] accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any Contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to the Employer under any law, Contract or other instrument, be voidable at the option of the Employer.

v. Notwithstanding any rights and remedies exercised by the Employer in this regard, [The Supplier] agrees to indemnify the Employer for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to the Employer in an amount equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or kickback given by [The Supplier ]as aforesaid for the purpose of obtaining or inducing the procurement of any Contract, right, interest, privilege or other obligation or benefit in whatsoever form from the Employer.

vi. In case of any dispute concerning the interpretation and / or application of this

Framework Contract shall be settled through arbitration. The Secretary

(HUD&PHED) or his nominee shall act as sole arbitrator. The decisions taken

and/or award made by the sole arbitrator shall be final and binding on the Parties.

5. Items to be Supplied& Agreed Unit Cost:

i. The Supplier shall provide to the respective WASA the items on the agreed cost


113

more specifically described in the Price Schedule Submitted by the Bidder.

ii. Each Item supplied shall strictly conform to the Schedule of Requirements and to the Technical Specification prescribed by the Employer in Employer’ Requirement against each item

iii. The Unit Cost agreed in the Price Schedule, is inclusive of all taxation and costs

associated with transportation and other incidental costs.

6. Payments:

The Employer covenants that respective WASA hereby shall to pay the Supplier in

consideration of the provision of the Goods and Services, as specified in the

Employer’s Requirements and Technical Specification in accordance with the Price

Schedule submitted by the Supplier, the amount against the delivered items or

such other sum as may be come payable under the provisions of this Framework

Contract at the time and in the manner prescribed by this Framework Contract.

7. Mode of Payment:

All payments to the Supplier by the Purchaser shall be made through Crossed

Cheek issued in the name of Supplier.

8. Payment Schedule:

All payments to the Supplier shall be made in accordance with the Payment

Schedule, upon satisfactory completion of delivery and fulfillment of documentary

and codal formalities highlighted in the Payment Schedule.

9. Performance Guarantee/Security:

i. The Supplier, within 15 days of the notification of Award of the Framework

Contract, shall provide to the Employer Performance Security in the form of

an Irrevocable Bank Guarantee equivalent to 2% of the total Contract Price

having validity of two (02) years from effective date of the award of contract

from any scheduled bank on the prescribed format and in prescribed

manner. This Performance Security shall be released to the Supplier as

given in the Conditions of the Contract.

ii. Supplier’s Bid Security already submitted with the Bid shall only be released

upon satisfactory submission of a Performance Security in accordance with

sub-clause (i) above.

iii. Failure to submit a Performance Guarantee/Security shall result into

forfeiture of Bid Security and Cancellation of Contract.

10. Penalties/Liquidated Damages

i. Where in the Supplier fails to make deliveries as per time lines of signed

Contract between the Supplier and the Purchaser, the Contract to the extent

of non-delivered portion of supplies shall stand cancelled.

ii. After the cancellation of the Contract no supplies shall be accepted and the

amount of Performance Security to the extent of non–delivered portion of

supplies shall be forfeited.

iii. If the Supplier fails to supply the whole consignment and not able to deliver


114

to consignee’s end, the entire amount of Performance Guaranty/Security

shall be forfeited to the Government account and the firm shall be

blacklisted minimum for two years for future participation.

iv. The exact time frame for making supplies with and without penalty will be incorporated in the Contract between the Supplier and the Purchaser or in accompanied documents.

v. In case of late delivery of Goods with respect to para 10 iv above of goods beyond the periods specified in the Schedule of Requirements and purchase order by the respective WASA , the Supplier shall pay a

penalty @ 0.067% per day of the cost of particular delayed Goods to respective WASA ..

11. Notices:

All notices and correspondences incidental to this Contract shall be in English

language and shall be addressed to:

For the Purchaser:

For the Supplier:

IN WITNESS Whereof the Parties hereto have caused this Framework Contract to be

executed at _______________ (the place) and shall enter into force on the day, month

and year first above mentioned.

Signed/ Sealed: For The Manufacturer/ Authorized Agent.

Sealed & Signed on behalf of Employer

Witnesses-1 on behalf of the Supplier

Witnesses-1on behalf of the Employer

Witnesses-2 on behalf of the Supplier

Witnesses-2 on behalf of the Employer


115

ANNEXURES TO FRAMEWORK CONTRACT AGREEMENT


116

Annex-A

NOTIFICATION OF AWARD/ ADVANCE ACCEPTANCE OF TENDER FOR

FRAMEWORK CONTRACT FOR CONSUMER WATER METERS

No.

Dated.

To,

M/s_______________________________________________________________ Subject: Advance Acceptance of Tender No. ___________ for Framework Contract

The Supply Of Consumer Water Meters On Free Delivery To All Water And Sanitation Agencies (WASAs) In Punjab (Located At Lahore, Faisalabad, Rawalpindi, Multan, Gujranwala)

Reference to tender No____________________ opened on ____________ by

HUD&PHE Department.

The following rates of various sizes of your offered water meter (Multijet /Rotary

Piston/Notating Disc) have been approved by the Competent Authority for the

framework contract for two (02) Years for All Water and Sanitation Agencies (WASAs)

In Punjab (Located At Lahore, Faisalabad, Rawalpindi, Multan, Gujranwala).

Purchase Order will be placed by each WASA according to their requirement of water

meters and availability of funds during the period of this framework contract. You will be

required to deposit Performance Security in the form of an Bank Guarantee equivalent to

2% of the total Contract Price having validity of two (02) years from its date of issuance

from any scheduled bank on the prescribed format and in prescribed manner in favor of

each Secretary HUD&PHED, on a non-judicial stamp paper of worth PKR. 500 under

section 22(A) (b) of Schedule1of Stamp Duty Act 1899 read with Finance Act 1995(Act-

VI of 1995) for agreement within 15(fifteen) Days from the date of issuance of purchase

orders by individual WASAs. The detail is given as under:-

Tender No.

Description of Water Meter Size Approved Rate (Unit

Price) in PKR

Volumetric Rotary Piston

15 mm

20 mm

25 mm

Notating Disc

15 mm

20 mm

25 mm

Multijet (Wet Dial)

15 mm

20 mm

25 mm

Multijet (Semi Dry Dial)

15 mm

20 mm

25 mm

Multijet (Dry Dial)

15 mm

20 mm

25 mm


117

Please note that failure to furnish the required Performance Guarantee/Security and

stamp papers shall constitute a breach of the Framework Contract and the Employer

shall be entitled to make other arrangement at your risk and expenses in accordance

with the terms and conditions without any notice. Other terms and conditions agreed

through bidding documents and subsequent written clarifications will remain the same.

Note: Please certify that the content soft his Advance Acceptance of Tender have been

read by the authorized person of the company specially the specifications and unit price.

Additional Secretary (A&H),

HUD&PHE Department,

Government of the Punjab


118

Annex-B

PERFORMANCE SECURITY

[Guarantor letterhead or SWIFT identifier code] Beneficiary: [insert name and address of

Purchaser] Date: [insert date of issue]

PERFORMANCE GUARANTEE No.: [insert guarantee reference number]

Guarantor: [insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that [insert name of Supplier] (hereinafter called “the Applicant”)

has entered into Contract No. [insert reference number of the Contract] dated

[insert date] with the Beneficiary, for the supply of [insert description of Goods and

Related Services] (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, a

performance guarantee is required.

At the request of the Applicant, we as Guarantor hereby irrevocably undertake to pay

the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in

figures] ([insert amount in words])1, such sum being payable in the types and

proportions of currencies in which the Contract Price is payable, upon receipt by us of the

Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the

demand itself or in a separate signed document accompanying or identifying the

demand, stating that the Applicant is under the Contract, without the Beneficiary

needing to prove or to show grounds for its demand or the sum specified therein.

This guarantee shall expire no later than the [insert number] day of [insert month] [insert

year]2, and any demand for payment under it must be received by us at this office on or

before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication

No. 4583, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

1 The Guarantor shall insert the amount(s) specified in the PC and denominated, as

specified in the PC, either in the currency (i.e.) of the Contract or a freely convertible

currency acceptable to the Beneficiary.

2 Insert the dates established in accordance with Sub-Clause 16.4 of the General

Conditions of Contract (“GC”), taking into account any warranty obligations of the

Applicant under Clause 26 of the GC intended to be secured by a partial performance

guarantee. The Beneficiary should note that in the event of an extension of the time to

perform the Contract, the Beneficiary would need to request an extension of this


119

guarantee from the Guarantor. Such request must be in writing and must be made prior

to the expiration date established in the guarantee. In preparing this guarantee, the

Beneficiary might consider adding the following text to the Form, at the end of the

penultimate paragraph: “We agree to a one-time extension of this guarantee for a period

not to exceed [six months] [one year], in response to the Beneficiary’s written request

for such extension, such request to be presented to us before the expiry of the

guarantee.”

_______________

[Signature]

[Note: All italicized text (including footnotes) is for use in preparing this form and shall be

deleted from the final product.]


120

Annex-D

SPECIFICATIONS OF CONSUMER WATER METERS

Details of Required Specifications for consumer water meters are as under:

MECHANICAL WATER METERS

1 Technology

i. Volumetric Rotary Piston / Notating Disc

ii. Multi-jet

2 General Features

I

ii

iii

iv

v

vi

Possibility for Both Visual & Automated Meter Reading (AMR)

outputs

Tamper proof

Provided with non-return valve

Un-affected by grit and particulates

Provided with wire and lead seal

Not effected by Magnetic field

3 Certification

I

ii

ISO 4064 (International Organization Standardization) compliant

OIML: R49 (International Organization for Legal Metrology) and

MID/2004/22/EEC/AWWA/JWWA

4 Detailed Metrological Specifications

I

ii

iii

iv

v

vi

vii

viii

ix

x

Size: 15mm to 25mm

Accuracy: Class II

Material: Brass / Non-ferrous Metal

Protection Class: IP-68

Ambient Temperature: +5 to 55 C

Liquid Temperature: Up to 50 C

Maximum working pressure: 16 bar

Flow rate: Q3/Q1 = 160

Maximum Flow rate

(m3/hr) : Q3 15mm 20mm 25mm

2.5 4.0 6.3

Installation: i. Any direction

ii. Horizontal (Multijet)


121

Annex-F

SCHEDULE OF DELIVERY

The Goods shall be delivered in accordance with the Notifications of Award of Tender

and Purchase Orders issued by all Water And Sanitation Agencies (WASAs) in Punjab (located at Lahore, Faisalabad, Rawalpindi, Multan, Gujranwala), as per following schedule of requirements:-

Consignee’s End: All Water And Sanitation Agencies (WASAs) in Punjab (located

at Lahore, Faisalabad, Rawalpindi, Multan, Gujranwala)

In case of free delivery to Consignee’s end basis:

Mode of Penalty

Delivery of

100% Quantity

as per Signed

Contract &

PurchaseOrder

Total delivery

period

Without penalty

Time period as

per purchase order

Time period as per

purchase order

Grace time without penalty

15 days

Time period as per purchase order plus

15 days

With penalty @ 0.067% per day after

time period as per purchase order plus 15 days. It may be waived by concerned WASA on the formal request of supplier with proper justification.


122

Annex-G

PAYMENT SCHEDULE

On Delivery:

Eighty (80) percent of the Contract Price shall be paid within forty-five (45) days after

receipt of invoice and the documents specified in GC Clause 11.

On Acceptance:

Ten (10) percent of the Contract Price shall be paid within forty-five (45) days after

receipt of invoice and a certificate from the Purchaser declaring that the Goods and

Related Services have been delivered and accepted.

Taken Over:

Five (05) percent of the Contract Price shall be paid within forty-five (45) days after

issuance of the Taken Over Certificate.

On Delivery:

Five (05) percent of the Contract Price shall be paid within forty-five (45) upon

successful completion of Warranty Period.


123

Annex-H

(INTEGRITY PACT)

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN

CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________ Contract Value: [To be filled in at the time of signing of Contract] Contract Title: _________________

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

Without limiting the generality of the foregoing, [name of Supplier] represents and warrants

that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or inducing the procurement of a contract, right, interest, privilege or other obligation or benefit in whatsoever form from GOP, except that which has been expressly declared pursuant hereto.

[name of Supplier] certifies that it has made and will make full disclosure of all agreements

and arrangements with all persons in respect of or related to the transaction with GOP and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty.

[name of Supplier] accepts full responsibility and strict liability for making any false

declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other rights and remedies available to GOP under any law, contract or other instrument, be voidable at the option of GOP.

Notwithstanding any rights and remedies exercised by GOP in this regard, [name of

Supplier] agrees to indemnify GOP for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to GOP in an amount equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or kickback given by [name of Supplier] as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever form from GOP.

Name of Employer: ……………… Name of Bidder/Supplier: …………

Signature: …………………… Signature: …………………………


124

Annex-i

AFFIDAVIT

I/We, the undersigned solemnly state that:

1) I/We have read the contents of the Bidding Documents and have fully understood it. 2) The Bid being submitted by the undersigned complies with the requirements

enunciated in the bidding documents. 3) The Goods that we propose to supply under this contract are eligible goods within

the meaning of Clause IB.15. 4) The undersigned are also eligible Bidders within the meaning of Clause IB.14. 5) The undersigned are solvent and competent to undertake the subject contract under

the Laws of Pakistan. 6) The undersigned have not paid nor have agreed to pay, any Commissions or

Gratuities to any official or agent related to this bid or award or contract.

7) Replacement of goods under warranty shall be done without any extra cost within

45 days after defect notice. Sufficient spares will be kept available during the whole

period of warranty. Whole meter shall be replaced even if any part of meter is

damaged.

8) The bidding Firm is never blacklisted on any ground whatsoever. 9) I/We, further undertake that the prices given are reasonable.

I / We affirm that the contents of this affidavit are correct to the best of our knowledge and belief. Signed: In the capacity of [insert: title or position] Duly authorized to sign this bid/affidavit for and on behalf of [insert: name of Bidder]


125

Annex-J

THIRD PARTY INSPECTION

SCOPE OF WORK

The scope of third party inspection shall include but not limited to the following:

i. Third party inspection firm will be responsible to examine/technically evaluate the

Machinery/Equipment keeping in view the specification given by the client in the

letter of intent by:

ii. Deployment of suitable technical staff to visit the Factory premises of the

Manufacturing Company/Supplier in its county.

iii. Validation of quality through visual inspection and testing (If required) with respect

to designed specification and identify deviation, if any.

iv. Checking for appropriate handling of equipment and machinery.

v. In case of deviations (if any) prepare specific plausible remedial measures in this

regard.

vi. The Third Party validation firm shall also review quality tests and lab reports and

give its findings.

vii. The technical staff will also perform post shipment Inspection in Pakistan at the port

of delivery to certify and validate the items passed during the pre-shipment have

been received securely.

viii. Any other task assigned by the Client.

CORE TEAM REQUIREMENT OF THIRD PARTY VALIDATION FIRM FOR THE

ASSIGNMENT

The following staff will be required by the Client to accomplish the assignment:

Sr .No. Designation Staff Qualification& Experience

1 Electrical Engineer 1 Relevant degree/qualification in

Electrical engineering +10 years’

Relevant (institutional Procurement

Experience)

2 Mechanical Engineer 1 Relevant degree/qualification in

Mechanical engineering +10 years’

Relevant (institutional Procurement

Experience)

3 Any other Relevant

Engineer/Professional

required

1 Relevant degree/qualification +10

years’ Relevant (institutional

Procurement Experience)


126

Note: The afore-suggested team its qualification and experience are just indicative,

the same shall be suitably replaced /proposed according to the expertise required

for the particular assignment.

SPECIFIC TASKS & DELIVERABLES

i. Pre-shipment inspection and its report.

ii. Post shipment inspection and its report.

Reporting

i. The Third Party inspection report shall be required with the shipping documents of

the goods.

ii. Testing, Marking & Packing Requirements for Water meters

iii. The Original Equipment manufacturer (OEM) shall ensure the following

requirements to be accomplished for water meters at their facility before shipment.