For Tender No.52/2013

uaf.edu.pk

For Tender No.52/2013

Section I.Invitation for Bids


Section II. Instructions to Bidders 6Table of ClausesA. Introduction ..................................................................................................................71. Source of Funds ...........................................................................................72. Eligible Bidders ...........................................................................................73. Eligible Goods and Services ........................................................................74. Cost of Bidding ............................................................................................7B. The Bidding Documents...............................................................................................85. Content of Bidding Documents ...................................................................86. Clarification of Bidding Documents ............................................................87. Amendment of Bidding Documents ............................................................8C. Preparation of Bids ......................................................................................................98. Language of Bid ...........................................................................................99. Documents Constituting the Bid ..................................................................910. Bid Form ......................................................................................................911. Bid Prices ...................................................................................................1012. Bid Currencies ...........................................................................................1113. Documents Establishing Bidder’s Eligibility and Qualification ................1114. Documents Establishing Goods’ Eligibility and Conformity to BiddingDocuments .................................................................................................1215. Bid Security ...............................................................................................1316. Period of Validity of Bids ..........................................................................1417. Format and Signing of Bid .........................................................................14D. Submission of Bids .....................................................................................................1518. Sealing and Marking of Bids .....................................................................1519. Deadline for Submission of Bids ...............................................................1520. Late Bids ....................................................................................................1521. Modification and Withdrawal of Bids .......................................................15E. Opening and Evaluation of Bids ...............................................................................1622. Opening of Bids by the Purchaser .............................................................1623. Clarification of Bids ...................................................................................1624. Preliminary Examination ...........................................................................1625. Conversion to Single Currency ..................................................................1826. Evaluation and Comparison of Bids ..........................................................1927. Domestic Preference ..................................................................................2328. Contacting the Purchaser ...........................................................................23F. Award of Contract ......................................................................................................2429. Post-qualification .......................................................................................2430. Award Criteria ...........................................................................................2431. Purchaser’s Right to Vary Quantities at Time of Award ...........................2432. Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids .......2533. Notification of Award ................................................................................2534. Signing of Contract ....................................................................................2535. Performance Security .................................................................................2536. Corrupt or Fraudulent Practices .................................................................25


Section II. Instructions to Bidders 7Instructions to Bidders1. Source ofFunds2. EligibleBiddersA. IntroductionUniversity of Agriculture, Faisalabad.2.1 This Invitation for Bids is open to all suppliers except Israel.2.2 Bidders should not be associated, or have been associated in thepast, directly or indirectly, with a firm or any of its affiliateswhich have been engaged by the Purchaser to provideconsulting services for the preparation of the design,specifications, and other documents to be used for theprocurement of the goods to be purchased under this Invitationfor Bids.2.3 Government-owned enterprises may participate, only if they arelegally and financially autonomous, if they operate undercommercial law, and if they are not a dependent agency of thePurchaser.2.4 Bidders shall not be under a declaration of ineligibility forcorrupt and fraudulent practices in accordance with ITB Clause36.1.3. EligibleGoods andServices3.1 All goods and related services to be supplied under the contractshall have their origin in eligible source countries, and allexpenditures made under the contract will be limited to suchgoods and services.3.2 For purposes of this clause, “origin” means the place where thegoods are mined, grown, or produced, or the place from whichthe related services are supplied. Goods are produced when,through manufacturing, processing, or substantial and majorassembly of components, a commercially-recognized productresults that is substantially different in basic characteristics or inpurpose or utility from its components.3.3 The origin of goods and services is distinct from the nationalityof the Bidder.4. Cost ofBidding4.1 The Bidder shall bear all costs associated with the preparationand submission of its bid, and the Purchaser will in no case beresponsible or liable for those costs, regardless of the conductor outcome of the bidding process.


Section II. Instructions to Bidders 8B. The Bidding Documents5. Content ofBiddingDocuments5.1 The goods required, bidding procedures, and contract terms areprescribed in the bidding documents. In addition to theInvitation for Bids, the bidding documents include:(a)Instructions to Bidders (ITB)(b) Bid Data Sheet(c) General Conditions of Contract (GCC)(d) Special Conditions of Contract (SCC)(e) Schedule of Requirements(f) Technical Specifications(g) Bid Form and Price Schedules(h) Bank Guarantee Form(i) Manufacturer’s Authorization Form(j) Integrity pact.5.2 The Bidder is expected to examine all instructions, forms,terms, and specifications in the bidding documents. Failure tofurnish all information required by the bidding documents or tosubmit a bid not substantially responsive to the biddingdocuments in every respect will be at the Bidder’s risk and mayresult in the rejection of its bid.6. Clarificationof BiddingDocuments7. Amendmentof BiddingDocuments6.1 A prospective Bidder requiring any clarification of the biddingdocuments may notify the Purchaser in writing at thePurchaser’s address indicated in the Bid Data Sheet. ThePurchaser will respond in writing to any request forclarification of the bidding documents which it receives prior tothe deadline for the submission of bids prescribed in ITBClause 19.1. Written copies of the Purchaser’s response(including an explanation of the query but without identifyingthe source of inquiry) will be sent to all prospective bidders thathave received the bidding documents.7.1 At any time prior to the deadline for submission of bids, thePurchaser, for any reason, whether at its own initiative or inresponse to a clarification requested by a prospective Bidder,may modify the bidding documents by amendment.7.2 All prospective bidders that have received the biddingdocuments will be notified of the amendment in writing andwill be binding on them.7.3 In order to allow prospective bidders reasonable time in whichto take the amendment into account in preparing their bids, thePurchaser, at its discretion, may extend the deadline for the


Section II. Instructions to Bidders 9submission of bids.C. Preparation of Bids8. Language ofBid9. DocumentsConstitutingthe Bid8.1 The bid prepared by the Bidder, as well as all correspondenceand documents relating to the bid exchanged by the Bidder andthe Purchaser shall be written in English. Supporting documentsand printed literature furnished by the Bidder may be in anotherlanguage provided they are accompanied by an accuratetranslation of the relevant passages in the language specifiedabove, in which case, for purposes of interpretation of the Bid,the translation shall govern.9.1 The bid prepared by the Bidder shall comprise the followingcomponents:(a)a Bid Form and a Price Schedule completed in accordancewith ITB Clauses 10, 11, and 12;(b)(c)documentary evidence established in accordance with ITBClause 13 that the Bidder is eligible to bid and is qualifiedto perform the contract if its bid is accepted;documentary evidence established in accordance with ITBClause 14 that the goods and ancillary services to besupplied by the Bidder are eligible goods and services andconform to the bidding documents; and(d) bid security furnished in accordance with ITB Clause 15.10. Bid Form 10.1 The Bidder shall complete the Bid Form and the appropriatePrice Schedule furnished in the bidding documents, indicatingthe goods to be supplied, a brief description of the goods, theircountry of origin, quantity, and prices.10.2 For the purpose of granting a margin of domestic preference,bids will be classified in one of three groups, as follows:(a) Group A: Bids offering goods manufactured in thePurchaser’s country, for which (i) labor, raw materials, andcomponents from within the Purchaser’s country account formore than thirty (30) percent of the EXW price; and (ii) theproduction facility in which they will be manufactured orassembled has been engaged in manufacturing or assemblingsuch goods at least since the date of bid submission.(b)(c)Group B: All other bids offering goods from within thecountry of the Purchaser.Group C: Bids offering goods of foreign origin to beimported by the Purchaser directly or through theSupplier’s local Agent.


Section II. Instructions to Bidders 11(or FCA, as the case may be), if specified in the BidData Sheet.(iii)Deleted(iv) the price for inland transportation, insurance, andother local costs incidental to delivery of the goodsfrom the port of entry to their final destination, ifspecified in the Bid Data Sheet.(v)the price of other (incidental) services, if any, listedin the Bid Data Sheet.11.3 The terms EXW, CFR, CPT, etc., shall be governed by the rulesprescribed in the current edition of Incoterms published by theInternational Chamber of Commerce, Paris.11.4 The Bidder’s separation of price components in accordance withITB Clause 11.2 above will be solely for the purpose of facilitatingthe comparison of bids by the Purchaser and will not in any waylimit the Purchaser’s right to contract on any of the terms offered.11.5 Prices quoted by the Bidder shall be fixed during the Bidder’sperformance of the contract and not subject to variation on anyaccount, unless otherwise specified in the Bid Data Sheet. A bidsubmitted with an adjustable price quotation will be treated as nonresponsive and will be rejected, pursuant to ITB Clause 24. If,however, in accordance with the Bid Data Sheet, prices quoted bythe Bidder shall be subject to adjustment during the performance ofthe contract, a bid submitted with a fixed price quotation will notbe rejected, but the price adjustment would be treated as zero.12. BidCurrencies12.1 Prices shall be quoted in the following currencies:(a)For goods and services that the Bidder will supply fromwithin the Purchaser Country, the prices shall be quoted inPak Rupees, unless otherwise specified in the Bid DataSheet.(b)For goods and services that the Bidder will supply fromoutside the Purchaser Country, the prices shall be quoted inany currency. If the Bidder wishes to be paid in acombination of amounts in different currencies, it mayquote its price accordingly but use no more than threeforeign currencies.13. DocumentsEstablishingBidder’sEligibilityandQualification13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of itsbid, documents establishing the Bidder’s eligibility to bid and itsqualifications to perform the contract if its bid is accepted.13.2 The documentary evidence of the Bidder’s eligibility to bid shallestablish to the Purchaser’s satisfaction that the Bidder, at thetime of submission of its bid, is from an eligible country as


Section II. Instructions to Bidders 12defined under ITB Clause 2.13.3 The documentary evidence of the Bidder’s qualifications toperform the contract if its bid is accepted shall establish to thePurchaser’s satisfaction:(a)(b)(c)(d)that, in the case of a Bidder offering to supply goods underthe contract which the Bidder did not manufacture orotherwise produce, the Bidder has been duly authorized bythe goods’ Manufacturer or producer to supply the goodsin the Purchaser Country;that the Bidder has the financial, technical, and productioncapability necessary to perform the contract;that, in the case of a Bidder not doing business within thePurchaser Country, the Bidder is or will be (if awarded thecontract) represented by an Agent in that country equippedand able to carry out the Supplier’s maintenance, repair,and spare parts-stocking obligations prescribed in theConditions of Contract and/or Technical Specifications;andthat the Bidder meets the qualification criteria listed in theBid Data Sheet.14. DocumentsEstablishingGoods’EligibilityandConformityto BiddingDocuments14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of itsbid, documents establishing the eligibility and conformity to thebidding documents of all goods and services which the Bidderproposes to supply under the contract.14.2 The documentary evidence of the eligibility of the goods andservices shall consist of a statement in the Price Schedule of thecountry of origin of the goods and services offered which shallbe confirmed by a certificate of origin issued at the time ofshipment.14.3 The documentary evidence of conformity of the goods andservices to the bidding documents may be in the form ofliterature, drawings, and data, and shall consist of:(a)(b)(c)a detailed description of the essential technical andperformance characteristics of the goods;a list giving full particulars, including available sourcesand current prices of spare parts, special tools, etc.,necessary for the proper and continuing functioning of thegoods for a period to be specified in the Bid Data Sheet,following commencement of the use of the goods by thePurchaser; andan item-by-item commentary on the Purchaser’s TechnicalSpecifications demonstrating substantial responsiveness of


Section II. Instructions to Bidders 13the goods and services to those specifications, or astatement of deviations and exceptions to the provisions ofthe Technical Specifications.14.4 For purposes of the commentary to be furnished pursuant to ITBClause 14.3(c) above, the Bidder shall note that standards forworkmanship, material, and equipment, as well as references tobrand names or catalogue numbers designated by the Purchaserin its Technical Specifications, are intended to be descriptiveonly and not restrictive. The Bidder may substitute alternativestandards, brand names, and/or catalogue numbers in its bid,provided that it demonstrates to the Purchaser’s satisfaction thatthe substitutions ensure substantial equivalence to thosedesignated in the Technical Specifications.15. Bid Security 15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of itsbid, a bid security in the amount specified in the Bid DataSheet.15.2 The bid security is required to protect the Purchaser against therisk of Bidder’s conduct which would warrant the security’sforfeiture, pursuant to ITB Clause 15.7.15.3 The bid security shall be denominated in the currency of the bidor in another freely convertible currency, and shall be in one ofthe following forms:(a)Call deposit receipt (CDR).15.4 Any bid not secured in accordance with ITB Clauses 15.1 and15.3 will be rejected by the Purchaser as nonresponsive,pursuant to ITB Clause 24.15.5 Unsuccessful bidders’ bid securities will be discharged orreturned as promptly as possible but not later than thirty (30)days after the expiration of the period of bid validity prescribedby the Purchaser pursuant to ITB Clause 16.15.6 The successful Bidder’s bid security will be discharged upon theBidder signing the contract, pursuant to ITB Clause 34, andfurnishing the performance security, pursuant to ITB Clause 35.15.7 The bid security may be forfeited:(a)if a Bidder:(i)(ii)withdraws its bid during the period of bid validityspecified by the Bidder on the Bid Form, ordoes not accept the correction of errors pursuant toITB Clause 24.2; or


Section II. Instructions to Bidders 14(b)in the case of a successful Bidder, if the Bidder fails:(i)(ii)to sign the contract in accordance with ITB Clause34; orto furnish performance security in accordance withITB Clause 35.16. Period ofValidity ofBids16.1 Bids shall remain valid for the period specified in the Bid DataSheet after the date of bid submission prescribed by thePurchaser, pursuant to ITB Clause 19. A bid valid for a shorterperiod shall be rejected by the Purchaser as nonresponsive.16.2 In exceptional circumstances, the Purchaser may solicit theBidder’s consent to an extension of the period of validity. Therequest and the responses thereto shall be made in writing. Thebid security provided under ITB Clause 15 shall also be suitablyextended. A Bidder may refuse the request without forfeiting itsbid security. A Bidder granting the request will not be requirednor permitted to modify its bid, except as provided in ITBClause 16.3.16.3 In the case of fixed price contracts, if the award is delayed by aperiod exceeding sixty (60) days beyond the expiry of the initialbid validity, the contract price will be increased by a factorspecified in the request for extension.17. Format andSigning ofBid17.1 The Bidder shall prepare an original and the number of copies ofthe bid indicated in the Bid Data Sheet, clearly marking each“ORIGINAL BID” and “COPY OF BID,” as appropriate. In theevent of any discrepancy between them, the original shallgovern.17.2 The original and the copy or copies of the bid shall be typed orwritten in indelible ink and shall be signed by the Bidder or aperson or persons duly authorized to bind the Bidder to thecontract. All pages of the bid, except for unamended printedliterature, shall be initialed by the person or persons signing thebid.17.3 Any interlineation, erasures, or overwriting shall be valid only ifthey are initialed by the person or persons signing the bid.17.4 The Bidder shall furnish information as described in the Form ofBid on commissions or gratuities, if any, paid or to be paid toagents relating to this Bid, and to contract execution if theBidder is awarded the contract.


Section II. Instructions to Bidders 16bids.21.4 No bid may be withdrawn in the interval between the deadlinefor submission of bids and the expiration of the period of bid validityspecified by the Bidder on the Bid Form. Withdrawal of a bid duringthis interval may result in the Bidder’s forfeiture of its bid security,pursuant to the ITB Clause 15.7.E. Opening and Evaluation of Bids22. Opening ofBids by thePurchaser22.1 The Purchaser will open all bids in the presence of bidders’representatives who choose to attend, at the time, on the date,and at the place specified in the Bid Data Sheet. The bidders’representatives who are present shall sign a register evidencingtheir attendance.22.2 The bidders’ names, bid modifications or withdrawals, bidprices, discounts, and the presence or absence of requisite bidsecurity and such other details as the Purchaser, at itsdiscretion, may consider appropriate, will be announced at theopening. No bid shall be rejected at bid opening, except forlate bids, which shall be returned unopened to the Bidderpursuant to ITB Clause 20.22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) thatare not opened and read out at bid opening shall not beconsidered further for evaluation, irrespective of thecircumstances.22.4 The Purchaser will prepare minutes of the bid opening.23. Clarificationof Bids24. PreliminaryExamination23.1 During evaluation of the bids, the Purchaser may, at itsdiscretion, ask the Bidder for a clarification of its bid. Therequest for clarification and the response shall be in writing,and no change in the prices or substance of the bid shall besought, offered, or permitted.24.1 The Purchaser will examine the bids to determine whether theyare complete, whether any computational errors have beenmade, whether required sureties have been furnished, whetherthe documents have been properly signed, and whether the bidsare generally in order.24.2 Arithmetical errors will be rectified on the following basis. Ifthere is a discrepancy between the unit price and the total pricethat is obtained by multiplying the unit price and quantity, theunit price shall prevail, and the total price shall be corrected. Ifthere is a discrepancy between words and figures, the amount inwords will prevail. If the Supplier does not accept thecorrection of the errors, its bid will be rejected, and its bid


Section II. Instructions to Bidders 17security may be forfeited.24.3 The Purchaser may waive any minor informality,nonconformity, or irregularity in a bid which does notconstitute a material deviation, provided such waiver does notprejudice or affect the relative ranking of any Bidder.24.4 Prior to the detailed evaluation, pursuant to ITB Clause 26, thePurchaser will determine the substantial responsiveness of eachbid to the bidding documents. For purposes of these Clauses, asubstantially responsive bid is one which conforms to all theterms and conditions of the bidding documents without materialdeviations. Deviations from, or objections or reservations tocritical provisions, such as those concerning Bid Security (ITBClause 15), Applicable Law (GCC Clause 31), and Taxes andDuties (GCC Clause 33), will be deemed to be a materialdeviation. The Purchaser’s determination of a bid’sresponsiveness is to be based on the contents of the bid itselfwithout recourse to extrinsic evidence.24.5 If a bid is not substantially responsive, it will be rejected by thePurchaser and may not subsequently be made responsive by theBidder by correction of the nonconformity.


Section II. Instructions to Bidders 1825. Conversionto SingleCurrency25.1 To facilitate evaluation and comparison, the Purchaser willconvert all bid prices expressed in the amounts in variouscurrencies in which the bid prices are payable to either:(a)Purchaser Country at the selling exchange rate establishedfor similar transactions by the State Bank or a commercialbank;25.2 The currency selected for converting bid prices to acommon base for the purpose of evaluation, along with thesource and date of the exchange rate, are specified in theBid Data Sheet.


Section II. Instructions to Bidders 1926. EvaluationandComparisonof Bids26.1 The Purchaser will evaluate and compare the bids which havebeen determined to be substantially responsive, pursuant to ITBClause 24.26.2 The Purchaser’s evaluation of a bid will exclude and not takeinto account:(a)(b)(c)in the case of goods manufactured in the Purchaser’s countryor goods of foreign origin already located in the Purchaser’scountry, sales and other similar taxes, which will be payableon the goods if a contract is awarded to the Bidder;in the case of goods of foreign origin offered from abroad,customs duties and other similar import taxes which willbe payable on the goods if the contract is awarded to theBidder; andany allowance for price adjustment during the period ofexecution of the contract, if provided in the bid.26.3 The comparison shall be between the EXW price of the goodsoffered from within the Purchaser Country, such price to includeall costs, as well as duties and taxes paid or payable oncomponents and raw material incorporated or to be incorporatedin the goods, and the CFR named port of destination, price of thegoods offered from outside the purchaser’s country.26.4 The Purchaser’s evaluation of a bid will take into account, inaddition to the bid price quoted in accordance with ITB Clause11.2, one or more of the following factors as specified in the BidData Sheet, and quantified in ITB Clause 26.5:(a)(b)(c)(d)(e)(f)(g)cost of inland transportation, insurance, and other costswithin the Purchaser’s country incidental to delivery of thegoods to their final destination.delivery schedule offered in the bid;deviations in payment schedule from that specified in theSpecial Conditions of Contract;the cost of components, mandatory spare parts, andservice;the availability in the Purchaser’s country of spare partsand after-sales services for the equipment offered in thebid;the projected operating and maintenance costs during thelife of the equipment;the performance and productivity of the equipmentoffered; and/or


Section II. Instructions to Bidders 20(h)other specific criteria indicated in the Bid Data Sheetand/or in the Technical Specifications.26.5 For factors retained in the Bid Data Sheet pursuant to ITB 26.4,one or more of the following quantification methods will beapplied, as detailed in the Bid Data Sheet:(a) Inland transportation from EXW/port of entry/borderpoint, and incidentals.Inland transportation, and other incidental costs fordelivery of the goods from EXW/port of entry/border pointto Project Site named in the Bid Data Sheet will becomputed for each bid by the bidder on the basis ofpublished tariffs by the rail or road transport agencies,and/or other appropriate sources. Keeping in view theestimated dimensions and shipping weight andEXW/CFR/CPT value of each package.(b)Delivery schedule.(i)The Purchaser requires that the goods under theInvitation for Bids shall be delivered (shipped) at thetime specified in the Schedule of Requirements. Theestimated time of arrival of the goods at the ProjectSite will be calculated for each bid after allowing forreasonable international and inland transportationtime. Treating the bid resulting in the earliest time ofarrival as the base, a delivery “adjustment” will becalculated for other bids by applying a percentage,specified in the Bid Data Sheet, of theEXW/CFR/CPT price for each week of delay beyondthe base, and this will be added to the bid price forevaluation. No credit shall be given to early delivery.or(ii)The goods covered under this invitation are requiredto be delivered (shipped) within an acceptable rangeof weeks specified in the Schedule of Requirement.No credit will be given to earlier deliveries, and bidsoffering delivery beyond this range will be treated asnonresponsive. Within this acceptable range, anadjustment per week, as specified in the Bid DataSheet, will be added for evaluation to the bid price ofbids offering deliveries later than the earliest deliveryperiod specified in the Schedule of Requirements.or(iii) The goods covered under this invitation are requiredto be delivered (shipped) in partial shipments, asspecified in the Schedule of Requirements. Bids


Section II. Instructions to Bidders 21offering deliveries earlier or later than the specifieddeliveries will be adjusted in the evaluation byadding to the bid price a factor equal to a percentage,specified in the Bid Data Sheet, of EXW/CFR/CPTprice per week of variation from the specifieddelivery schedule.(c)Deviation in payment schedule.(i)Bidders shall state their bid price for the paymentschedule outlined in the SCC. Bids will be evaluatedon the basis of this base price. Bidders are, however,permitted to state an alternative payment scheduleand indicate the reduction in bid price they wish tooffer for such alternative payment schedule. ThePurchaser may consider the alternative paymentschedule offered by the selected Bidder.or(ii)The SCC stipulates the payment schedule offered bythe Purchaser. If a bid deviates from the scheduleand if such deviation is considered acceptable to thePurchaser, the bid will be evaluated by calculatinginterest earned for any earlier payments involved inthe terms outlined in the bid as compared with thosestipulated in this invitation, at the rate per annumspecified in the Bid Data Sheet.(d)Cost of spare parts.(i)The list of items and quantities of major assemblies,components, and selected spare parts, likely to berequired during the initial period of operationspecified in the Bid Data Sheet, is annexed to theTechnical Specifications. The total cost of theseitems, at the unit prices quoted in each bid, will beadded to the bid price.or(ii)The Purchaser will draw up a list of high-usage andhigh-value items of components and spare parts,along with estimated quantities of usage in the initialperiod of operation specified in the Bid Data Sheet.The total cost of these items and quantities will becomputed from spare parts unit prices submitted bythe Bidder and added to the bid price.or(iii) The Purchaser will estimate the cost of spare partsusage in the initial period of operation specified in


Section II. Instructions to Bidders 22the Bid Data Sheet, based on information furnishedby each Bidder, as well as on past experience of thePurchaser or other purchasers in similar situations.Such costs shall be added to the bid price forevaluation.(e) Spare parts and after sales service facilities in thePurchaser’s country.The cost to the Purchaser of establishing the minimumservice facilities and parts inventories, as outlined in theBid Data Sheet or elsewhere in the bidding documents, ifquoted separately, shall be added to the bid price.(f)Operating and maintenance costs.Since the operating and maintenance costs of the goodsunder procurement form a major part of the life cycle costof the equipment, these costs will be evaluated inaccordance with the criteria specified in the Bid DataSheet or in the Technical Specifications.(g)Performance and productivity of the equipment.(i)Bidders shall state the guaranteed performance orefficiency in response to the Technical Specification.For each drop in the performance or efficiency belowthe norm of 100, an adjustment for an amountspecified in the Bid Data Sheet will be added to thebid price, representing the capitalized cost ofadditional operating costs over the life of the plant,using the methodology specified in the Bid DataSheet or in the Technical Specifications.or(ii)Goods offered shall have a minimum productivityspecified under the relevant provision in theTechnical Specifications to be considered responsive.Evaluation shall be based on the cost per unit of theactual productivity of goods offered in the bid, andadjustment will be added to the bid price using themethodology specified in the Bid Data Sheet or inthe Technical Specifications.(h)Specific additional criteriaOther specific additional criteria to be considered in theevaluation and the evaluation method shall be detailed inthe Bid Data Sheet and/or the Technical Specifications.


Section II. Instructions to Bidders 24in the rejection of the Bidder’s bid.F. Award of Contract29. Postqualification29.1 In the absence of prequalification, the Purchaser will determineto its satisfaction whether the Bidder that is selected as havingsubmitted the lowest evaluated responsive bid is qualified toperform the contract satisfactorily, in accordance with thecriteria listed in ITB Clause 13.3.29.2 The determination will take into account the Bidder’s financial,technical, and production capabilities. It will be based upon anexamination of the documentary evidence of the Bidder’squalifications submitted by the Bidder, pursuant to ITB Clause13.3, as well as such other information as the Purchaser deemsnecessary and appropriate.29.3 An affirmative determination will be a prerequisite for award ofthe contract to the Bidder. A negative determination will resultin rejection of the Bidder’s bid, in which event the Purchaserwill proceed to the next lowest evaluated bid to make a similardetermination of that Bidder’s capabilities to performsatisfactorily.30. AwardCriteria31. Purchaser’sRight to VaryQuantities atTime ofAward30.1 Subject to ITB Clause 32, the Purchaser will award the contractto the successful Bidder whose bid has been determined to besubstantially responsive and has been determined to be the lowestevaluated bid, provided further that the Bidder is determined to bequalified to perform the contract satisfactorily.31.1 The Purchaser reserves the right at the time of contract award toincrease or decrease, by the percentage indicated in the BidData Sheet, the quantity of goods and services originallyspecified in the Schedule of Requirements without any changein unit price or other terms and conditions.


Section II. Instructions to Bidders 2532. Purchaser’sRight toAccept AnyBid and toReject Anyor All Bids33. Notificationof Award32.1 The Purchaser reserves the right to accept or reject any bid, andto annul the bidding process and reject all bids at any time priorto contract award, without thereby incurring any liability to theaffected Bidder or bidders.33.1 Prior to the expiration of the period of bid validity, thePurchaser will notify the successful Bidder in writing byregistered letter or by Fax/ e-mail, to be confirmed in writingby registered letter, that its bid has been accepted.33.2 The notification of award will constitute the formation of theContract.33.3 Upon the successful Bidder’s furnishing of the performancesecurity pursuant to ITB Clause 35, the Purchaser will promptlynotify the name of the winning Bidder to each unsuccessfulBidder and will discharge its bid security, pursuant to ITB Clause15.33.4 If, after notification of award, a Bidder wishes to ascertain thegrounds on which its bid was not selected, it should address itsrequest to the Purchaser. The Purchaser will promptly respondin writing to the unsuccessful Bidder.34. Signing ofContract34.1 At the same time as the Purchaser notifies the successful Bidderthat its bid has been accepted, the Purchaser will send theBidder the Contract Form provided in the bidding documents,incorporating all agreements between the parties.34.2 Within Seven (07) days of receipt of the Contract Form orotherwise specifically provided, the successful Bidder shallsign and date the contract and return it to the Purchaser35. PerformanceSecurity35.1 Within Seven (07) days of the receipt of notification of awardfrom the Purchaser, the successful Bidder shall furnish theperformance security in shape of CDR or Bank guarantee at thediscretion of the Purchaser.35.2 Failure of the successful Bidder to comply with the requirementof ITB Clause 34.2 or ITB Clause 35.1 shall constitutesufficient grounds for the annulment of the award and forfeitureof the bid security, in which event the Purchaser may make theaward to the next lowest evaluated Bidder or call for new bids.36. Corrupt orFraudulentPractices36.1 The purchaser as well as Bidders/Suppliers/Contractors shouldobserve the highest standard of ethics during the procurementand execution of such contracts. In pursuance of this policy,the PPRA Govt. of the Punjab;(a)the terms set forth below as follows:


Section III.Bid Data Sheet


Section IV. General Conditions of Contract 28Bid Data SheetThe following specific data for the goods to be procured shall complement, supplement,or amend the provisions in the Instructions to Bidders (ITB). Whenever there is aconflict, the provisions herein shall prevail over those in ITB.[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes initalics mentioned for the relevant ITB Clauses.]ITB 4.1ITB 6.1IntroductionName of Purchaser: Prof. Dr. Muhammad Khalid, PrincipalInvestigator/Convener, Institute of Soil & Environmental SciencesPurchaser’s address, telephone, and facsimile numbers.Directorate of Procurement & Inventory Control (P&IC)University of Agriculture, FaisalabadPhone No. 041-9200898 Fax. 041-9200898For technical Response:1. Prof. Dr. Muhammad Khalid, PrincipalInvestigator/Convener, Institute of Soil &Environmental Sciences2. Prof. Dr. Zaheer Ahmad Zaheer, Institute of Soil &Environmental Sciences3. Prof. Dr. Rasheed Ahmad, Department of CropPhysiology4. Dr. Ahmad Sattar Khan, Associate Professor,Institute of Horticultural Sciences5. Rana Khalid Mahmood, Director (P&IC)ITZXZXB 8.1 Language of the bid. “English”ITB 11.2 (a)ITB 13.3 (d)ITB 15.1Bid Price and CurrencyThe price quoted shall be on F.O.R/C&F (both rates quotedseparately)Preparation and Submission of BidsQualification requirements.1. Company /Bidder Profile:a. Experience in the relevant field minimum 2 Yearsb. HR strength/Manpower with the Principalc. HR strength/Manpower with the BidderAmount of bid security. 2% of the quoted value in shape of CallDeposit Receipt (CDR) in favour of Director (P&IC), UAF.


Section IV. General Conditions of Contract 29ITB 16.1ITB 17.1ITB 18.2 (a)ITB 18.2 (b)ITB 19.1ITB 26.4ITB 26.5 (b)ITB 26.5 (g)ITB 26.5 (h)Bid validity period. 90 DaysBid: Financial + TechnicalAddress for bid submission. Directorate of Procurement &Inventory Control, University of Agriculture, FaisalabadTender Notice No.52/2014Deadline for bid submission.13.05.2014Bid EvaluationCriteria for bid evaluation.ITB clause 26.4 a,d,e,f and gDelivery schedule6 to 8 WeeksPerformance and productivity of Articles.As per Technical SpecificationDetails of other factors to be used in the evaluation and theirevaluation method or reference to the Technical Specifications.


Section IV. General Conditions of Contract 30Section IV.General Conditions of Contract


Section IV. General Conditions of Contract 31Table of Clauses1. Definitions..................................................................................................322. Application .................................................................................................333. Country of Origin .......................................................................................334. Standards ....................................................................................................335. Use of Contract Documents and Information; Inspection and Audit byPurchaser ....................................................................................................336. Patent Rights ..............................................................................................347. Performance Security .................................................................................348. Inspections and Tests .................................................................................349. Packing .......................................................................................................3510. Delivery and Documents ............................................................................3511. Insurance ....................................................................................................3612. Transpor-tation ...........................................................................................3613. Incidental Services .....................................................................................3714. Spare Parts .................................................................................................3715. Warranty ....................................................................................................3716. Payment......................................................................................................3817. Prices ..........................................................................................................3918. Change Orders ...........................................................................................3919. Contract Amendments ...............................................................................3920. Assignment ................................................................................................3921. Subcontracts ...............................................................................................3922. Delays in the Supplier’s Performance ........................................................4023. Liquidated Damages ..................................................................................4024. Termination for Default .............................................................................4025. Force Majeure ............................................................................................4126. Termination for Insolvency........................................................................4127. Termination for Convenience ....................................................................4228. Settlement of Disputes ...............................................................................4229. Limitation of Liability ................................................................................4330. Governing Language ..................................................................................4331. Applicable Law ..........................................................................................4332. Notices .......................................................................................................4333. Taxes and Duties ........................................................................................43


Section IV. General Conditions of Contract 32General Conditions of Contract1. Definitions 1.1 In this Contract, the following terms shall be interpreted asindicated:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)“The Contract” means the agreement entered intobetween the Purchaser and the Supplier, as recorded inthe Contract Form signed by the parties, or the supplyorder issued by the purchaser to the supplier, as the casemay be, including all attachments and appendicesthereto and all documents incorporated by referencetherein.“The Contract Price” means the price payable to theSupplier under the Contract for the full and properperformance of its contractual obligations.“The Goods” means all of the equipment, machinery,and/or other materials which the Supplier is required tosupply to the Purchaser under the Contract.“The Services” means those services ancillary to thesupply of the Goods, such as transportation andinsurance, and any other incidental services, such asinstallation, commissioning, provision of technicalassistance, training, and other such obligations of theSupplier covered under the Contract.“GCC” means the General Conditions of Contractcontained in this section.“SCC” means the Special Conditions of Contract.“The Purchaser” means the organization purchasing theGoods, as mentioned in Bid Data Sheet.“The Purchaser’s country” is Pakistan.“The Supplier” means the individual or firm supplyingthe Goods and Services under this Contract and namedin Supply Order.“The University” means the University of Agriculture,Faisalabad.“The Project Site,” where applicable, means the place orplaces named in Bid Data Sheet and technicalspecifications“Day” means calendar day.


Section IV. General Conditions of Contract 332. Application 2.1 These General Conditions shall apply to the extent that theyare not superseded by provisions of other parts of theContract.3. Country ofOrigin3.1 All Goods and Services supplied under the Contract shallhave their origin in the countries as elaborated in the BidData Sheet.3.2 For purposes of this Clause, “origin” means the place wherethe Goods were mined, grown, or produced, or from whichthe Services are supplied. Goods are produced when, throughmanufacturing, processing, or substantial and major assemblyof components, a commercially recognized new productresults that is substantially different in basic characteristics orin purpose or utility from its components.3.3 The origin of Goods and Services is distinct from thenationality of the Supplier.4. Standards 4.1 The Goods supplied under this Contract shall conform to thestandards mentioned in the Technical Specifications, and,when no applicable standard is mentioned, to the authoritativestandards appropriate to the Goods’ country of origin. Suchstandards shall be the latest issued by the concernedinstitution.5. Use ofContractDocumentsandInformation;Inspection andAudit byPurchaser5.1 The Supplier shall not, without the Purchaser’s prior writtenconsent, disclose the Contract, or any provision thereof, orany specification, plan, drawing, pattern, sample, orinformation furnished by or on behalf of the Purchaser inconnection therewith, to any person other than a personemployed by the Supplier in the performance of the Contract.Disclosure to any such employed person shall be made inconfidence and shall extend only so far as may be necessaryfor purposes of such performance.5.2 The Supplier shall not, without the Purchaser’s prior writtenconsent, make use of any document or informationenumerated in GCC Clause 5.1 except for purposes ofperforming the Contract.5.3 Any document, other than the Contract itself, enumerated inGCC Clause 5.1 shall remain the property of the Purchaserand shall be returned (all copies) to the Purchaser oncompletion of the Supplier’s performance under the Contractif so required by the Purchaser.5.4 The Supplier shall permit the Purchaser to inspect theSupplier’s accounts and records relating to the performance ofthe Supplier and to have them audited by auditors appointedby the Purchaser, if so required by the Purchaser.


Section IV. General Conditions of Contract 346. Patent Rights 6.1 The Supplier shall indemnify the Purchaser against allthird-party claims of infringement of patent, trademark, orindustrial design rights arising from use of the Goods or anypart thereof in the Purchaser’s country.7. PerformanceSecurity7.1 Within Seven (07) days of receipt of the notification ofContract award, or otherwise prescribed by the purchaser thesuccessful Bidder shall furnish to the Purchaser theperformance security in the amount specified in SCC.7.2 The proceeds of the performance security shall be payable tothe Purchaser as compensation for any loss resulting from theSupplier’s failure to complete its obligations under theContract.7.3 The performance security shall be denominated in thecurrency of the Contract, or in a freely convertible currencyacceptable to the Purchaser and shall be in one of thefollowing forms:(a)(b)a bank guarantee or CDR issued by a reputable banklocated in the Purchaser’s country or abroad, acceptableto the Purchaser, in the form provided in the biddingdocuments or another form acceptable to the Purchaser;ora cashier’s or certified check.7.4 The performance security will be discharged by the Purchaserand returned to the Supplier not later than thirty (30) daysfollowing the date of completion of the Supplier’sperformance obligations under the Contract, including anywarranty obligations, unless otherwise specified in SCC.8. Inspectionsand Tests8.1 The Purchaser or its representative shall have the right toinspect and/or to test the Goods to confirm their conformity tothe Contract specifications at no extra cost to the Purchaser.SCC and the Technical Specifications shall specify whatinspections and tests the Purchaser requires and where theyare to be conducted. The Purchaser shall notify the Supplierin writing, in a timely manner, of the identity of anyrepresentatives retained for these purposes.8.2 The inspections and tests may be conducted on the premisesof the Supplier or its subcontractor(s), at point of delivery,and/or at the Goods’ final destination. If conducted on thepremises of the Supplier or its subcontractor(s), all reasonablefacilities and assistance, including access to drawings andproduction data, shall be furnished to the inspectors at nocharge to the Purchaser.


Section IV. General Conditions of Contract 358.3 Should any inspected or tested Goods fail to conform to theSpecifications, the Purchaser may reject the Goods, and theSupplier shall either replace the rejected Goods or makealterations necessary to meet specification requirements freeof cost to the Purchaser.8.4 The Purchaser’s right to inspect, test and, where necessary,reject the Goods after the Goods’ arrival in the Purchaser’scountry shall in no way be limited or waived by reason of theGoods having previously been inspected, tested, and passedby the Purchaser or its representative prior to the Goods’shipment from the country of origin.8.5 Nothing in GCC Clause 8 shall in any way release theSupplier from any warranty or other obligations under thisContract.9. Packing 9.1 The Supplier shall provide such packing of the Goods as isrequired to prevent their damage or deterioration duringtransit to their final destination, as indicated in the Contract.The packing shall be sufficient to withstand, withoutlimitation, rough handling during transit and exposure toextreme temperatures, salt and precipitation during transit,and open storage. Packing case size and weights shall takeinto consideration, where appropriate, the remoteness of theGoods’ final destination and the absence of heavy handlingfacilities at all points in transit.9.2 The packing, marking, and documentation within and outsidethe packages shall comply strictly with such specialrequirements as shall be expressly provided for in theContract, including additional requirements, if any, specifiedin SCC, and in any subsequent instructions ordered by thePurchaser.10. Delivery andDocuments10.1 Delivery of the Goods shall be made by the Supplier inaccordance with the terms specified in the Schedule ofRequirements. The details of shipping and/or otherdocuments to be furnished by the Supplier are specified inSCC.10.2 For purposes of the Contract, “EXW,” “FOB,” “CFR,” “CPT”, andother trade terms used to describe the obligations of the parties shallhave the meanings assigned to them by the current edition ofIncoterms published by the International Chamber of Commerce,Paris.10.3 Documents to be submitted by the Supplier are specified in SCC.


Section IV. General Conditions of Contract 3611. Insurance 11.1 The Goods supplied under the Contract shall be fully insuredin a freely convertible currency against loss or damageincidental to manufacture or acquisition, transportation,storage, and delivery in the manner specified in the SCC.11.2 Where delivery of the Goods is required by the Purchaser on aFOB or CFR or CPT basis, the Purchaser shall arrange andpay for cargo insurance, naming the supplier as beneficiary.12. Transportation12.1 Where the Supplier is required under Contract to deliver theGoods FOB, transport of the Goods, up to and including thepoint of putting the Goods on board the vessel at the specifiedport of loading, shall be arranged and paid for by the Supplier,and the cost thereof shall be included in the Contract Price.Where the Supplier is required under the Contract to deliverthe Goods FCA, transport of the Goods and delivery into thecustody of the carrier at the place named by the Purchaser orother agreed point shall be arranged and paid for by theSupplier, and the cost thereof shall be included in the ContractPrice.12.2 Where the Supplier is required under Contract to deliver theGoods CFR or CPT, transport of the Goods to the port ofdestination or such other named place of destination in thePurchaser’s country, as shall be specified in the Contract,shall be arranged and paid for by the Supplier, and the costthereof shall be included in the Contract Price.12.3 Where the Supplier is required under the Contract to transportthe Goods to a specified place of destination within thePurchaser’s country, defined as the Project Site, transport tosuch place of destination in the Purchaser’s country, includinginsurance and storage, as shall be specified in the Contract,shall be arranged by the Supplier, and related costs shall beincluded in the Contract Price.12.4 Where the Supplier is required under Contract to deliver theGoods CFR or CPT, no restriction shall be placed on thechoice of carrier. Where the Supplier is required underContract (a) to deliver the Goods FOB or FCA, and (b) toarrange on behalf and at the expense of the Purchaser forinternational transportation on specified carriers or onnational flag carriers of the Purchaser’s country, the Suppliermay arrange for such transportation on alternative carriers ifthe specified or national flag carriers are not available totransport the Goods within the period(s) specified in theContract.


Section IV. General Conditions of Contract 3713. IncidentalServices13.1 The Supplier may be required to provide any or all of thefollowing services, including additional services, if any,specified in SCC:(a)(b)(c)(d)(e)performance or supervision of on-site assembly and/orstart-up of the supplied Goods;furnishing of tools required for assembly and/ormaintenance of the supplied Goods;furnishing of a detailed operations and maintenancemanual for each appropriate unit of the supplied Goods;performance or supervision or maintenance and/orrepair of the supplied Goods, for a period of time agreedby the parties, provided that this service shall not relievethe Supplier of any warranty obligations under thisContract; andtraining of the Purchaser’s personnel, at the Supplier’splant and/or on-site, in assembly, start-up, operation,maintenance, and/or repair of the supplied Goods.13.2 Prices charged by the Supplier for incidental services, if notincluded in the Contract Price for the Goods, shall be agreedupon in advance by the parties and shall not exceed theprevailing rates charged to other parties by the Supplier forsimilar services.14. Spare Parts 14.1 As specified in SCC, the Supplier may be required to provideany or all of the following materials, notifications, andinformation pertaining to spare parts manufactured ordistributed by the Supplier:(a)(b)such spare parts as the Purchaser may elect to purchasefrom the Supplier, provided that this election shall notrelieve the Supplier of any warranty obligations underthe Contract; andin the event of termination of production of the spareparts:(i)(ii)advance notification to the Purchaser of thepending termination, in sufficient time to permitthe Purchaser to procure needed requirements; andfollowing such termination, furnishing at no costto the Purchaser, the blueprints, drawings, andspecifications of the spare parts, if requested.15. Warranty 15.1 The Supplier warrants that the Goods supplied under theContract are new, unused, of the most recent or currentmodels, and that they incorporate all recent improvements in


Section IV. General Conditions of Contract 38design and materials unless provided otherwise in theContract. The Supplier further warrants that all Goodssupplied under this Contract shall have no defect, arising fromdesign, materials, or workmanship (except when the designand/or material is required by the Purchaser’s specifications)or from any act or omission of the Supplier, that may developunder normal use of the supplied Goods in the conditionsprevailing in the country of final destination.15.2 This warranty shall remain valid for twelve (12) months afterthe Goods, or any portion thereof as the case may be, havebeen delivered to and accepted at the final destinationindicated in the Contract, or for eighteen (18) months after thedate of shipment from the port or place of loading in thesource country, whichever period concludes earlier, unlessspecified otherwise in SCC.15.3 The Purchaser shall promptly notify the Supplier in writing ofany claims arising under this warranty.15.4 Upon receipt of such notice, the Supplier shall, within theperiod specified in notice or in SCC and with all reasonablespeed, repair or replace the defective Goods or parts thereof,without costs to the Purchaser other than, where applicable,the cost of inland delivery of the repaired or replaced Goodsor parts from EXW or the port or place of entry to the finaldestination.15.5 If the Supplier, having been notified, fails to remedy thedefect(s) within the period specified in the notice or in SCC,the Purchaser may proceed to take such remedial action asmay be necessary, at the Supplier’s risk and expense andwithout prejudice to any other rights which the Purchaser mayhave against the Supplier under the Contract.16. Payment 16.1 The method and conditions of payment to be made to theSupplier under this Contract shall be specified in SCC.16.2 The Supplier’s request(s) for payment shall be made to thePurchaser in writing, accompanied by an invoice describing,as appropriate, the Goods delivered and Services performed,and by documents submitted pursuant to GCC Clause 10, andupon fulfillment of other obligations stipulated in theContract.16.3 Payments shall be made promptly by the Purchaser, but in nocase later than thirty (30) days after submission of an invoiceor claim by the Supplier.16.4 The currency or currencies in which payment is made to theSupplier under this Contract shall be specified in SCCsubject to the following general principle: payment will bemade in the currency or currencies in which the payment has


Section IV. General Conditions of Contract 39been requested in the Supplier’s bid.16.5 All payments shall be made in the currency or currenciesspecified in the SCC pursuant to GCC 16.4.17. Prices 17.1 Prices charged by the Supplier for Goods delivered andServices performed under the Contract shall not vary from theprices quoted by the Supplier in its bid, with the exception of anyprice adjustments authorized in SCC or in the Purchaser’s requestfor bid validity extension, as the case may be.18. Change Orders 18.1 The Purchaser may at any time, by a written order given tothe Supplier pursuant to GCC Clause 32, make changeswithin the general scope of the Contract in any one or more ofthe following:(a)(b)(c)(d)drawings, designs, or specifications, where Goods to befurnished under the Contract are to be specificallymanufactured for the Purchaser;the method of shipment or packing;the place of delivery; and/orthe Services to be provided by the Supplier.18.2 If any such change causes an increase or decrease in the costof, or the time required for, the Supplier’s performance of anyprovisions under the Contract, an equitable adjustment shallbe made in the Contract Price or delivery schedule, or both,and the Contract shall accordingly be amended. Any claimsby the Supplier for adjustment under this clause must beasserted within thirty (30) days from the date of the Supplier’sreceipt of the Purchaser’s change order.19. ContractAmendments19.1 Subject to GCC Clause 18, no variation in or modification ofthe terms of the Contract shall be made except by writtenamendment signed by the parties.20. Assignment 20.1 The Supplier shall not assign, in whole or in part, itsobligations to perform under this Contract, except with thePurchaser’s prior written consent.21. Subcontracts 21.1 The Supplier shall notify the Purchaser in writing of allsubcontracts awarded under this Contract if not alreadyspecified in the bid. Such notification, in the original bid orlater, shall not relieve the Supplier from any liability orobligation under the Contract.21.2 Subcontracts must comply with the provisions of GCC Clause3.


Section IV. General Conditions of Contract 4022. Delays in theSupplier’sPerformance22.1 Delivery of the Goods and performance of Services shall bemade by the Supplier in accordance with the time scheduleprescribed by the Purchaser in the Schedule of Requirements.22.2 If at any time during performance of the Contract, theSupplier or its subcontractor(s) should encounter conditionsimpeding timely delivery of the Goods and performance ofServices, the Supplier shall promptly notify the Purchaser inwriting of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier’snotice, the Purchaser shall evaluate the situation and may atits discretion extend the Supplier’s time for performance, withor without liquidated damages, in which case the extensionshall be ratified by the parties by amendment of Contract.22.3 Except as provided under GCC Clause 25, a delay by theSupplier in the performance of its delivery obligations shallrender the Supplier liable to the imposition of liquidateddamages pursuant to GCC Clause 23, unless an extension oftime is agreed upon pursuant to GCC Clause 22.2 without theapplication of liquidated damages.23. LiquidatedDamages24. Terminationfor Default23.1 Subject to GCC Clause 25, if the Supplier fails to deliver anyor all of the Goods or to perform the Services within theperiod(s) specified in the Contract, the Purchaser shall,without prejudice to its other remedies under the Contract,deduct from the Contract Price, as liquidated damages, a sumequivalent to the percentage specified in SCC of the deliveredprice of the delayed Goods or unperformed Services for eachweek or part thereof of delay until actual delivery orperformance, up to a maximum deduction of the percentagespecified in SCC. Once the maximum is reached, thePurchaser may consider termination of the Contract pursuantto GCC Clause 24.24.1 The Purchaser, without prejudice to any other remedy forbreach of Contract, by written notice of default sent to theSupplier, may terminate this Contract in whole or in part:(a)(b)(c)if the Supplier fails to deliver any or all of the Goodswithin the period(s) specified in the Contract, or withinany extension thereof granted by the Purchaser pursuantto GCC Clause 22; orif the Supplier fails to perform any other obligation(s)under the Contract.if the Supplier, in the judgment of the Purchaser, hasengaged in corrupt or fraudulent practices in competingfor or in executing the Contract.For the purpose of this clause:


Section IV. General Conditions of Contract 41“corrupt practice” means the offering, giving, receiving,or soliciting of any thing of value to influence the actionof a public official in the procurement process or incontract execution.“fraudulent practice” means a misrepresentation of factsin order to influence a procurement process or theexecution of a contract to the detriment of the Borrower,and includes collusive practice among Bidders (prior toor after bid submission) designed to establish bid pricesat artificial non-competitive levels and to deprive thePurchaser of the benefits of free and open competition.24.2 In the event the Purchaser terminates the Contract in whole orin part, pursuant to GCC Clause 24.1, the Purchaser mayprocure, upon such terms and in such manner as it deemsappropriate, Goods or Services similar to those undelivered,and the Supplier shall be liable to the Purchaser for anyexcess costs for such similar Goods or Services. However,the Supplier shall continue performance of the Contract to theextent not terminated.25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22, 23, and24, the Supplier shall not be liable for forfeiture of itsperformance security, liquidated damages, or termination fordefault if and to the extent that its delay in performance orother failure to perform its obligations under the Contract isthe result of an event of Force Majeure.25.2 For purposes of this clause, “Force Majeure” means an eventbeyond the control of the Supplier and not involving theSupplier’s fault or negligence and not foreseeable. Suchevents may include, but are not restricted to, acts of thePurchaser in its sovereign capacity, wars or revolutions, fires,floods, epidemics, quarantine restrictions, and freightembargoes.25.3 If a Force Majeure situation arises, the Supplier shallpromptly notify the Purchaser in writing of such conditionand the cause thereof. Unless otherwise directed by thePurchaser in writing, the Supplier shall continue to performits obligations under the Contract as far as is reasonablypractical, and shall seek all reasonable alternative means forperformance not prevented by the Force Majeure event.26. Terminationfor Insolvency26.1 The Purchaser may at any time terminate the Contract bygiving written notice to the Supplier if the Supplier becomesbankrupt or otherwise insolvent. In this event, terminationwill be without compensation to the Supplier, provided thatsuch termination will not prejudice or affect any right ofaction or remedy which has accrued or will accrue thereafter


Section IV. General Conditions of Contract 42to the Purchaser.27. TerminationforConvenience27.1 The Purchaser, by written notice sent to the Supplier, mayterminate the Contract, in whole or in part, at any time for itsconvenience. The notice of termination shall specify thattermination is for the Purchaser’s convenience, the extent towhich performance of the Supplier under the Contract isterminated, and the date upon which such terminationbecomes effective.27.2 The Goods that are complete and ready for shipment withinthirty (30) days after the Supplier’s receipt of notice oftermination shall be accepted by the Purchaser at the Contractterms and prices. For the remaining Goods, the Purchasermay elect:(a)(b)to have any portion completed and delivered at theContract terms and prices; and/orto cancel the remainder and pay to the Supplier anagreed amount for partially completed Goods andServices and for materials and parts previously procuredby the Supplier.28. Settlement ofDisputes28.1 If any dispute or difference of any kind whatsoever shall arisebetween the Purchaser and the Supplier in connection with orarising out of the Contract, the parties shall make every effortto resolve amicably such dispute or difference by mutualconsultation.28.2 If the parties have failed to resolve their dispute or differenceby such mutual consultation, then either the Purchaser or theSupplier may give notice to the other party of its intention tocommence arbitration, as hereinafter provided, as to thematter in dispute, and no arbitration in respect of this mattermay be commenced unless such notice is given.28.2.1 Any dispute or difference in respect of which anotice of intention to commence arbitration hasbeen given in accordance with this Clause shall befinally settled by arbitration. Arbitration may becommenced prior to or after delivery of the Goodsunder the Contract.28.2.2 Arbitration proceedings shall be conducted inaccordance with the rules of procedure specified inthe SCC.28.3 Notwithstanding any reference to arbitration herein,(a)the parties shall continue to perform their respectiveobligations under the Contract unless they otherwise


Section IV. General Conditions of Contract 4329. Limitation ofLiability30. GoverningLanguage31. ApplicableLaw(b)agree; andthe Purchaser shall pay the Supplier any monies due theSupplier.29.1 Except in cases of criminal negligence or willful misconduct,and in the case of infringement pursuant to Clause 6,(a)(b)the Supplier shall not be liable to the Purchaser, whetherin contract, tort, or otherwise, for any indirect orconsequential loss or damage, loss of use, loss ofproduction, or loss of profits or interest costs, providedthat this exclusion shall not apply to any obligation ofthe Supplier to pay liquidated damages to the Purchaserandthe aggregate liability of the Supplier to the Purchaser,whether under the Contract, in tort or otherwise, shallnot exceed the total Contract Price, provided that thislimitation shall not apply to the cost of repairing orreplacing defective equipment.30.1 The Contract shall be written in the language specified inSCC. Subject to GCC Clause 31, the version of the Contractwritten in the specified language shall govern itsinterpretation. All correspondence and other documentspertaining to the Contract which are exchanged by the partiesshall be written in the same language.31.1 The Contract shall be interpreted in accordance with the lawsof the Purchaser’s country, unless otherwise specified inSCC.32. Notices 32.1 Any notice given by one party to the other pursuant to thisContract shall be sent to the other party in writing or facsimileand confirmed in writing to the other party’s addressspecified in SCC.33. Taxes andDuties32.2 A notice shall be effective when delivered or on the notice’seffective date, whichever is later.33.1 A foreign Supplier shall be entirely responsible for all taxes,stamp duties, license fees, and other such levies imposedoutside the Purchaser’s country.33.2 A local Supplier shall be entirely responsible for all taxes,duties, license fees, etc., incurred until delivery of thecontracted Goods to the Purchaser.


Section V.Special Conditions of Contract


Section IV. General Conditions of Contract 45Table of Clauses1. Performance Security (GCC Clause 7) ......................................................462. Inspections and Tests (GCC Clause 8) ..........................................................3. Packing (GCC Clause 9) ................................................................................4. Delivery and Documents (GCC Clause 10)5. Incidental Services (GCC Clause 13) ...........................................................6. Spare Parts (GCC Clause 14) .........................................................................7. Warranty (GCC Clause 15) ............................................................................8. Payment (GCC Clause 16) .............................................................................10. Settlement of Disputes (GCC Clause 28) ..................................................4611. Governing Language (GCC Clause 30) .........................................................12. Applicable Law (GCC Clause 31) .................................................................13. Notices (GCC Clause 32)...........................................................................47


Section IV. General Conditions of Contract 46SPECIAL CONDITIONS OF CONTRACTThe following Special Conditions of Contract shall supplement the General Conditions ofContract. Whenever there is a conflict, the provisions herein shall prevail over those in theGeneral Conditions of Contract. The corresponding clause number of the GCC is indicated inparentheses.1. Performance Security (GCC Clause 7)GCC 7.1— on acceptance of the Bid the supplier shall submit Security deposit @10% ofthe contract value as performance guarantee within seven days in shape of call deposit infavour of Director (P&IC), UAF or deducted from the supplier’s bill for a period ofwarranty obligations.2. In case of order placed on C&F basis;i. The successful bidder (s) will get the goods shipped in favour of the University.ii. The University will arrange clearance of the equipment and clearancecharges will be borne by the local agent.iii. The University will pay Pak Rupees equal to the value of the equipment atconversion rate mentioned in the bill of entry.3. Spare Parts (GCC Clause 14)GCC 14.1—Additional spare parts required after warranty period.4. Warranty (GCC Clause 15)One year after commissioning5. Payment (GCC Clause 16)Interim Payment is allowed after commissioning and inspection of a complete unit (s)6. Liquidated Damages (GCC Clause 23)GCC 23.1—Applicable rate:Should the supplier fail to deliver/install/commission the goods or anyconsignment thereof within the period prescribed for delivery, the purchaser mayrecover liquidated damages when the Purchaser is satisfied that the failure tosupply the stores within the scheduled delivery period has been for reasons withinthe control of the Supplier, of belated delivery. These liquidated damages, ifimposed, will be recovered at the rate of upto 0.5% of the value of storessupplied/installed/commission late per week or a part of a period exceeding theoriginal delivery period, subject to the provision that the total liquidated damagesthus imposed will not exceed 10% of the total value of the storesdelivered/installed/commission late.7. Settlement of Disputes (GCC Clause 28)The complaints of bidder/contractor shall be disposed/settled by a committee and arbitrationprior to the entry into force and after into force of procurement contract respectively. Accordingly,grievances committee with powers and terms of reference and method of arbitration are as under:‐A. Grievances Committee:The committee comprises the following to address the complaints of the bidders prior to entryinto force of the procurement contract:‐i. The Treasurer (Convener)


Section IV. General Conditions of Contract 47Note:ii. The Purchaser/nominee of the purchaser not belowthe rank of Assistant Professoriii. The Technical Expert(s) not below the rank ofAssistant Professoriv. The Director/Deputy Treasurer (DPIC)** If the Director (DPIC) is not posted(Secretary)(Member)(Member)Any bidder feeling aggrieved by any act of the procuring agency after the submission of his bidmay lodge a written complaint concerning his grievances not later than fifteen days after theannouncement of the bid evaluation report under rule 35 of the Procurement Rules.The committee shall address the complaints of bidders that may occur prior to the entry intoforce of the procurement contract. The committee shall investigate and decide upon the complaintwithin fifteen days of the receipt of the complaint. Mere fact of lodging of a complaint shall not warrantsuspension of the procurement process.Any bidder not satisfied with the decision of the committee may lodge an appeal in the relevantcourt of jurisdiction.B. Arbitration:After coming into force of the procurement contract, all matters of dispute or differenceexcept regarding rejection of stores by the Inspector under GCC clause 8 (Standard BiddingDocument) or cancellation of the contract by the Purchaser, under GCC Clause 24 and 27(Standard Bidding Document) arising out of the agreement between the parties thereto, thesettlement of which is not otherwise specially provided for in contract agreement, shall bereferred to arbitration as under:-(a) Indigenous (FOR) contracts.The settlement of dispute, if not otherwise specially provided for in the contractshall be referred for the decision of Vice Chancellor, University of Agriculture,Faisalabad. His decision shall be final and binding on both the parties. The workunder the contract shall if reasonably possible continue, under the proceedingsbefore the Vice Chancellor and no payments payable by the Purchaser shall bewithheld on the account of such proceeding unless they are subject of the dispute.(b) Prior notice for arbitration:If the supplier intends to go for arbitration, he shall have to give 30 days notice inwriting informing the purchaser of his intention to refer to the points ofdifferences or dispute of arbitration. He shall have to define clearly the point ofdifference and or dispute in his notice.C. Court JurisdictionOnly the Courts at Faisalabad shall have exclusive jurisdiction to adjudicate upon any “lis”brought by either of the parties in relation to the instant Contract.’8. Applicable Law (GCC Clause 31)GCC 31.1— University Procurement Rules 2012 and Laws governing in Pakistan9. Notices (GCC Clause 32)GCC 32.1—Purchaser’s address for notice purposes:—Supplier’s address for notice purposes:


Section IV. General Conditions of Contract 48Section VI.Schedule of Requirements


Section IV. General Conditions of Contract 49Schedule of RequirementsNumber Description Quantity Delivery schedule (shipment)in weeks/months from11. TOC/TN Analyzer 12. Muffle Furnace 13. Grinder 1


Section IV. General Conditions of Contract 50Section VII.Technical Specifications


TECHNICAL SPECIFICATIONSSr. # Name of Items & Specifications1. TOC/TN AnalyzerWorks by Oxidation at high temperature (500 0 C to > 1000 0 C), Solid samples (soil, plant,fertilizer and organic amendments) with possibility of analysis of liquid samples, detectionlimit > 50 ppb, Mass Flow Controller for instant control of carrier gas, Oxygen and heliumcylinders with 2 stage regulators, Auto-calibration, Integrated Auto-sampler, PC, Interfacethrough Windows XP or greater with compatible software, 220-240 Volts, Completesample preparation kit along with sample packing materials (foils) for making samplesready to run on instrument, UPS to run the complete instrument + PC + Printer + 2 lightsfor > 2 hours, maximum warranty.Note: Selected bidders will have to arrange demonstration/presentations about TOC/TNanalyzer in front of the group of scientists.2. Muffle FurnaceUpto 1500 0 C temperature, >150 liters capacity, > Four sided heating for very goodtemperature uniformity, Cooling fan for short cycle time, Air sealed door with lock, Freelyadjustable air slide in the furnace, Side vent with bypass connection for exhaust, Furnacestand, maximum warranty3. Grinder50 to 1,000 gram sample volume capacity, > 800 rpm, 50/60 Hz speed, Stainless steelsieves of different sizes, with adjustable grinded sample size, Adjustable steel knives, withsample receiver (collection box), maximum warranty


Section IV. General Conditions of Contract 52Section VIII.Sample Forms


Section IV. General Conditions of Contract 53Sample Forms1. Bid Form and Price Schedules ................................................................ 552 Manufacturer’s Authorization Form 56


Section IV. General Conditions of Contract 541. Bid Form and Price SchedulesTo:Prof. Dr. Muhammad Khalid,P.I., Institute of Soil & Environmental Sciences,University of Agriculture,Faisalabad.Date:Tender No.Gentlemen and/or Ladies:Having examined the bidding documents including Tender No.52/2014, the receipt ofwhich is hereby duly acknowledged, we, the undersigned, offer to supply and deliver [descriptionof goods and services] in conformity with the said bidding documents for the sum of [total bid amountin words and figures] or such other sums as may be ascertained in accordance with the Schedule ofPrices attached herewith and made part of this Bid.We undertake, if our Bid is accepted, to deliver the goods in accordance with the deliveryschedule specified in the Schedule of Requirements.If our bid is accepted, we undertake to provide a performance security in the form, in theamounts, and within the times specified in the Bidding Documents.We agree to abide by this Bid for the Bid Validity Period specified in Clause 16.1 of theBid Data Sheet and it shall remain binding upon us and may be accepted at any time before theexpiration of that period.Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, andto contract execution if we are awarded the contract, are listed below:Name and addressof agentAmount andCurrencyPurpose ofCommission orgratuity(if none, state “none”)Until a formal Contract is prepared and executed, this Bid, together with your writtenacceptance thereof and your notification of award, shall constitute a binding Contract betweenus.We understand that you are not bound to accept the lowest or any bid you may receive.We certify/confirm that we comply with the eligibility requirements as per ITB Clause 2 ofthe bidding documents.Dated this ________________ day of ________________ 19______.[signature][in the capacity of]Duly authorized to sign Bid for and on behalf of


Section IV. General Conditions of Contract 55Price Schedule for Domestic Goods Offered from within the Purchaser’sCountry(Group A and Group B bids)Name of Bidder . Tender Number . Page of .1 2 3 4 5 6Item Description Countryof originQuantityPrice with outSales TaxPrice WithSales TaxSignature of BidderNote: In case of discrepancy between unit price and total, the unit price shall prevail.


Section IV. General Conditions of Contract 56Manufacturer’s Authorization Form[See Clause 13.3 (a) of the Instructions to Bidders.]To: [name of the Purchaser]WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of [nameand/or description of the goods] having factories at [address of factory]do hereby authorize [name and address of Agent] to submit a bid, and subsequently negotiate andsign the Contract with you against IFB No. [reference of the Invitation to Bid] for the above goodsmanufactured by us.We hereby extend our full guarantee and warranty as per Clause 15 of the General Conditions ofContract for the goods offered for supply by the above firm against this Invitation for Bids.[signature for and on behalf of Manufacturer]Note: This letter of authority should be on the letterhead of the Manufacturer and should besigned by a person competent and having the power of attorney to bind the Manufacturer.It should be included by the Bidder in its bid.

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