Standard Form of Bidding Documents for Procurement of Works on ...

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INSTRUCTIONS TO USERS OF THIS DOCUMENT This document is basically meant <strong>for</strong> inviting proposals from the Private Sector in respect <strong>of</strong> a Concession <strong>for</strong> the construction and operation <strong>of</strong> projects through Build, Operate and Transfer (BOT) arrangement. The Employer should prepare the estimated construction cost <strong>of</strong> the project based on the General Design Criteria & Operation/Maintenance Requirements in order to enable himself <strong>for</strong> comparing the Financial Bid Offers by the Bidders. While preparing this BOT bidding document, provision has been made to bid and award on Two Stage bidding procedure. However, if it is to be bided under Single Stage–Two Envelope or Two Stage – Two Envelope bidding procedure, relevant provisions in Instructions to Bidders (ITB), <strong>Bidding</strong> Data, Annexures to ITB, should necessarily be amended in accordance with Clause 27.1 <strong>of</strong> the <strong>Bidding</strong> Data. Additionally, in case <strong>of</strong> Single Stage-Two Envelope bidding procedure the documents must contain specifications, detailed design and drawings to be completed and final in all respect. This bidding document is framed out <strong>for</strong> Employer in the Public Sector and BOT Company / Bidder from the Private Sector. However, if the Employer is other then entity in Public Sector and Company / Bidder is other than the Private Sector then necessary amendments to the relevant provisions may be made accordingly. In BOT Document Concession Contract is provided between the Employer and the Company / Contractor / Successful Bidder. However in case a construction contract is to be made between the Company and his proposed Contractor, PEC <strong>Standard</strong> <strong>Form</strong> <strong>of</strong> construction contract may be used. However, definitions <strong>of</strong> BOT and some other <strong>for</strong>ms are given below <strong>for</strong> appropriate amendment, if required, as per Employer‟s requirements. Build-Operate-and-Transfer A Contractual arrangement whereby the project proponent undertakes the construction including financing <strong>for</strong> a given infrastructure facility and its operation and maintenance there<strong>of</strong>. The project proponent operates the facility over a fixed term during which it is allowed to charge facility users appropriate tolls, fees, rentals and charges not exceeding those proposed in its bid or as negotiated and incorporated in the contract to enable the project proponent to recover its investment and operating and, maintenance expenses in the project. The project proponent transfers the facility to the Government agency or local Government unit concerned at the end <strong>of</strong> the fixed term. The build operate and transfer shall include a supply and operate situation which is a contractual arrangement whereby the supplier <strong>of</strong> equipment and machinery <strong>for</strong> a given infrastructure facility, if the interest <strong>of</strong> the Government so requires, operates the facility providing in the process technology transfer and training to Pakistani nationals or the Personnel <strong>of</strong> Executing Agency. Build-and-Transfer A contractual arrangement whereby the project proponent undertakes the financing and construction <strong>of</strong> a given infrastructure or development facility and after its completion turns it over to the Government agency or local Government unit (vi)
concerned, which shall pay the proponent on an agreed schedule its total investments expended on the project, plus a reasonable rate <strong>of</strong> return thereon. This arrangement may be employed in the construction <strong>of</strong> any infrastructure or development project, including critical facilities which <strong>for</strong> security or strategic reasons, must be operated directly by the Government or Executing Agency. Build-Own-and-Operate A contractual arrangement whereby a project proponent is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the proponent is allowed to recover its total investment, operating and maintenance costs plus a reasonable return thereon by collecting tolls, fees, rentals or other charges from facility users. Build-Lease-and-Transfer A contractual arrangement whereby a project proponent is authorized to finance and construct an infrastructure or development facility and upon its completion turns it over to the Government agency or local Government unit concerned on a lease arrangement <strong>for</strong> a fixed period after which ownership <strong>of</strong> the facility is automatically transferred to the Government Agency. Build-Transfer-and-Operate A contractual arrangement whereby the public sector contracts out the building <strong>of</strong> an infrastructure facility to a private entity such that the contractor builds the facility on a turn-key basis, assuming cost overrun, delay and specified per<strong>for</strong>mance risks. Once the facility is commissioned satisfactorily, title is transferred to the implementing agency. The private entity however, operates the facility on behalf <strong>of</strong> the implementing agency under an agreement. Contract-Add-and-Operate A contractual arrangement whereby the project proponent adds to an existing infrastructure facility which it is renting from the Government (or Executing) Agency. It operates the expanded project over an agreed franchise period. There may, or may not be a transfer arrangement in regard to the facility. Develop-Operate-and-Transfer A contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property and thus, enjoy some <strong>of</strong> the benefits the investment creates such a higher property or rent values. Rehabilitate-Operate-and-Transfer A contractual arrangement whereby an existing facility is turned over to the private sector to rehabilitate/refurbish, operate and maintain <strong>for</strong> a franchise period, at the expiry <strong>of</strong> which the legal title to the facility is turned over to the Government. The term is also used to describe the purchase <strong>of</strong> an existing facility from abroad, importing, refurbishing, erecting and consuming it within the host country. (vii)
Page 1 and 2: STANDARD FORM OF BIDDING DOCUMENTS
Page 3 and 4: P R E F A C E Pakistan Engineering
Page 5: INSTRUCTIONS TO USERS OF THIS DOCUM
Page 9 and 10: 5. For the sale of
Page 11 and 12: FORMS Form-01 <str
Page 13 and 14: TABLE OF CONTENTS DESCRIPTION PAGE
Page 15 and 16: IV ANNEXURE TO INSTRUCTIONS TO BIDD
Page 17 and 18: NOTICE FOR EXPRESSION OF INTEREST (
Page 19 and 20: 8. The prospective bidders, while s
Page 21 and 22: INSTRUCTIONS TO BIDDERS (9)
Page 23 and 24: the Concessionaire/Company. IB.3 EL
Page 25 and 26: without the knowledge of</s
Page 27 and 28: C IB.16 discretion, extend the dead
Page 29 and 30: ii. iii. Sign the Concession Contra
Page 31 and 32: D IB.26 SUBMISSION AND OPENING OF B
Page 33 and 34: IB.31 Confidentiality 31.1 After th
Page 35 and 36: 36.3 No commercial aspects
Page 37 and 38: previously secured a Perfor
Page 39 and 40: 43.9.2 In the absence of</s
Page 41 and 42: 43.15 Statement of
Page 43 and 44: 44.10 The Proposed Financial Packag
Page 45 and 46: BIDDING DATA (33)
Page 47 and 48: BIDDING DATA BD-2 (This section sho
Page 49 and 50: 36.1 Presentation by the Bidders BD
Page 51 and 52: ANNEXURES TO INSTRUCTIONS TO BIDDER
Page 53 and 54: Annexure-2 PAGE OF PAGES Name <stro
Page 55 and 56: PAGE OF PAGES Annexure-4 Details <s
Page 57 and 58:
Annexure -6 PAGE OF PAGES Personnel
Page 59 and 60:
PAGE OF PAGES Annexure-8 Equipment
Page 61 and 62:
Annexure-10 Litigation History Name
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Appendix-01 Project Location Map [T
Page 65 and 66:
Appendix-03 Ancillary Facilities [T
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Appendix-05 BOI Investment Policies
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TECHNICAL PROPOSAL APPENDICES TO CO
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Appendix-08 Method of</stro
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Appendix-10 List of</strong
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Appendix-12 Operation and Toll/Bene
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Appendix-14 Funding/Financial Arran
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FORMS (67)
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Dated this ___________day o
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8. We understand that you are not b
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Signature of the C
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(4) that in the event of</s
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We, _______________________________
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Form-06 Per<strong
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DESCRIPTION PART I - GENERAL CONDIT
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12.3 Operating Practice ...........
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26 Transfer Upon Expiry ...........
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Package; Commissioned Company Compa
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Financing Agreements Gazette GoP In
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Prudent Practice Public Sector Enti
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(d) (e) subject to all prevailing r
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(c) Ensure that the design and cons
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(f) (g) (h) (i) (j) beginning on th
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(b) (c) (d) (e) (f) (g) (h) (i) (j)
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its power and jurisdiction necessar
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date for commencem
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Period the authorized personnel <st
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11.7.2 The completion of</s
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12.2.3 The Employer shall ensure, a
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arrangements as the Company shall d
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16.4 NOTICE OF LOSS 16.4.1 Each Par
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for those items an
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21.2 ENJOYMENT OF RIGHTS 21.2.1 The
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23 Taxes and Fiscal Concession 23.1
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Concession on the Expiry Date on mu
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26.2.5 The Project shall be deemed
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27.3.2 If the Company is operating
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ights duties or liabilities <strong
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31 Provision of <s
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33.4 LANGUAGE 33.4.1 All communicat
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PART II - PARTICULAR CONDITIONS OF
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Due precautions shall be taken by t
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11.9.1 Any claim by the Company whi
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22 FINANCE 22.1.2 The Company shall
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emove from the Project all its work
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SPECIFICATIONS SPECIAL PROVISIONS [
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DESIGN/DRAWINGS [To be prepared and
show all

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