Info - Benazir Income Support Programme (BISP)
Info - Benazir Income Support Programme (BISP)
Info - Benazir Income Support Programme (BISP)
Procurement of Hardware
February, 2021
INVITATION TO BIDS
BENAZIR INCOME SUPPORT PROGRAMME
Procurement of Hardware
ITB # 127/IT/BISP/2021
Benazir Income Support Programme, Government of Pakistan hereby invites sealed bids from
interested eligible bidders, duly registered with Income Tax & Sales Tax and are also on the
Active Tax Payer List in FBR, for “Procurement of Hardware” for BISP Secretariat,
Islamabad, as per the following details.:-
2. BISP now invites sealed bids under single stage - one envelope procurement
process from eligible bidders for the supply of Hardware (inclusive of all applicable indirect
taxes as per prevalent laws) in conformance to the technical specifications and schedule of
requirements as mentioned in Bidding Document.
3. Interested eligible bidders may obtain a complete set of Bidding Documents
having required items with specifications and detailed terms & conditions, free of cost from
BISP (www.bisp.gov.pk) and PPRA (www.ppra.org.pk) Websites or from Room No. 236,
Benazir Income Support Program, F-Block, Pak Secretariat, Islamabad.
4. Bids must be in sealed envelope duly accompanied by a “Bid Security” @ 2%
of total bid amount in shape of a pay order/bankers cheque/demand draft/call deposit in the
name of Additional Director General (Procurement), BISP, must be delivered to the address
given below on or before 11:00 AM on 22nd March, 2021. Electronic bidding shall not be
permitted. Late bids will not be accepted.
5. Bids shall be publicly opened on same date at 11:35 AM, in the presence of the
bidders’ designated representatives and anyone who choose to attend in the Conference Room,
2nd floor, Benazir Income Support Programme (HQ), F-Block, Pakistan Secretariat, Islamabad.
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6. A pre-bid meeting shall be held on 15th March 2021 at 11:00 AM in
Conference Room, 2nd floor, BISP, (HQ), F-Block, Pak-Secretariat Islamabad, minutes of pre-
bid meeting shall be uploaded on BISP website (www.bisp.gov.pk). The bidders are required
to follow / comply with the minutes of pre-bid meeting, as information provided in the minutes
shall be integral part of the Bidding Documents and failure to comply with the minutes /
instruction of pre-bid meeting shall be considered as non-responsiveness and rejection of bid.
7. The bidders are requested to give their best and final prices inclusive of Indirect Taxes,
warranty, transportation etc. as no negotiations on the price is allowed. BISP may reject all
bids at any time prior to the acceptance of a bid by invoking rule # 33 of Public Procurement
Rule (PPR), 2004. In case of public holiday announced on pre-bid meeting or bid submission
& opening date, the same shall be held on the next working day.
Director (Procurement)
Benazir Income Support Programme, (HQ),
F–Block, Pak. Secretariat, Islamabad. 051-9246420
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BIDDING DOCUMENTS
(Procurement of Hardware)
February, 2021
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Part One - Section I.
Instructions to Bidders
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Instructions to Bidders
A. Introduction
3. Cost of 3.1 The Bidder shall bear all costs associated with the preparation and
Bidding submission of its bid, and the Purchaser named in the Bid Data
Sheet, hereinafter referred to as “the Purchaser,” will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
4. Content of 4.1 The required bidding procedures, and contract terms are
Bidding prescribed in the bidding documents. In addition to the Invitation
Documents for Bids, the bidding documents include:
6. Amendment of 6.1 At any time prior to the deadline for submission of bids, the
Bidding Purchaser, for any reason, whether at its own initiative or in
Documents response to a clarification requested by a prospective Bidder, may
modify the bidding documents by amendment.
C. Preparation of Bids
7. Language of 7.1 The bid prepared by the Bidder, as well as all correspondence and
Bid documents relating to the bid exchanged by the Bidder and the
Purchaser, shall be written in the language specified in the Bid
Data Sheet. Supporting documents and printed literature
furnished by the Bidder may be in another language provided
they are accompanied by an accurate translation of the relevant
passages in the language specified in the Bid Data Sheet, in which
case, for purposes of interpretation of the Bid, the translation shall
govern.
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8. Documents 8.1 The bid prepared by the Bidder shall comprise the following
Comprising components:
the Bid
(a) a Bid Form and a Price Schedule completed in accordance
with ITB Clauses 9, 10, and 11; and
9. Bid Form 9.1 The Bidder shall complete the Bid Form and the appropriate Price
Schedule furnished in the bidding documents, indicating the
Goods to be supplied, a brief description of the Goods, quantity,
and prices.
10. Bid Prices 10.1 The Bidder shall indicate on the appropriate Price Schedule the
unit prices (where applicable) and total bid price of the Goods it
proposes to supply under the contract.
10.3 The term DDP (Delivered Duty Paid), shall be governed by the
rules prescribed in the current edition of Incoterms published by
the International Chamber of Commerce, Paris.
10.5 Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the contract and not subject to variation on any
account, unless otherwise specified in the Bid Data Sheet. A bid
submitted with an adjustable price quotation will be treated as
nonresponsive and will be rejected.
12. Documents 12.1 Pursuant to ITB Clause 8, the Bidder shall furnish, as part of its bid,
Establishing documents establishing the Bidder’s eligibility to bid and its
Bidder’s qualifications to perform the contract.
Eligibility and
Qualification 12.2 The documentary evidence of the Bidder’s qualifications to
perform the contract shall be established to the Purchaser’s
satisfaction:
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(a) the Bidder should meet the qualification criteria listed in the
Bid Data Sheet.
13. Bid Security 13.1 Pursuant to ITB Clause 8, the Bidder shall furnish, as part of its bid,
a bid security in the amount specified in the Bid Data Sheet.
13.2 The bid security is required to protect the Purchaser against the
risk of Bidder’s conduct which would warrant the security’s
forfeiture, pursuant to ITB Clause 13.7.
13.3 The bid security shall be in Pak. Rupees and shall be in one of the
following forms:
13.4 Any bid not secured in accordance with ITB Clauses 13.1 and 13.3
will be rejected by the Purchaser as nonresponsive, pursuant to
ITB Clause 22.
(a) if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Bid Form; or
14. Period of 14.1 Bids shall remain valid for the period specified in the Bid Data
Validity of Sheet after the date of bid opening prescribed by the Purchaser,
Bids pursuant to ITB Clause 20. A bid valid for a shorter period shall
be rejected by the Purchaser as nonresponsive.
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15. Format and 15.1 The Bidder shall prepare an original and the number of copies of
Signing of Bid the bid indicated in the Bid Data Sheet, clearly marking each
“ORIGINAL BID” and “COPY OF BID,” as appropriate. In the event
of any discrepancy between them, the original shall govern.
15.2 The original and the copy or copies of the bid shall be typed or
written in indelible ink and shall be signed by the Bidder or a
person or persons duly authorized to bind the Bidder to the
contract. All pages of the bid, except for unamended printed
literature, shall be initialed by the person or persons signing the
bid.
15.4 In case of contract exceeding Rs. ten (10) million or more, the
successful bidder shall sign the “Integrity Pact” on the form
provided under Section III, Part Two, before signing the contract.
D. Submission of Bids
16. Sealing and 16.1 The Bidder shall seal the original and each copy of the bid in
Marking of separate envelopes, duly marking the envelopes as “ORIGINAL”
Bids and “COPY.” The envelopes shall then be sealed in an outer
envelope.
(b) bear the Project name indicated in the Bid Data Sheet, the
Invitation for Bids (ITB) title and number indicated in the Bid
Data Sheet, and a statement: “DO NOT OPEN BEFORE,” to
be completed with the time and the date specified in the Bid
Data Sheet, pursuant to ITB Clause 20.
16.3 The inner envelopes shall also indicate the name and address of
the Bidder to enable the bid to be returned unopened in case it
is declared “late”.
16.4 If the outer envelope is not sealed and marked as required by ITB
Clause 16.2, the Purchaser will assume no responsibility for the
bid’s misplacement or premature opening.
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17. Deadline for 17.1 Bids must be received by the Purchaser at the address specified
Submission of in the Bid Data Sheet no later than the time and date specified in
Bids the Bid Data Sheet.
17.2 The Purchaser may, at its discretion, extend this deadline for the
submission of bids by amending the bidding documents in
accordance with ITB Clause 6, in which case all rights and
obligations of the Purchaser and bidders previously subject to the
deadline will thereafter be subject to the deadline as extended.
18. Late Bids 18.1 Any bid received by the Purchaser after the deadline for
submission of bids prescribed by the Purchaser pursuant to ITB
Clause 17 will be rejected and returned unopened to the Bidder.
19.Modification 19.1 The Bidder may modify or withdraw its bid after the bid’s
and submission, provided that written notice of the modification,
Withdrawal of including substitution or withdrawal of the bids, is received by the
Bids Purchaser prior to the deadline prescribed for submission of bids.
19.3 No bid may be modified after the deadline for submission of bids.
19.4 No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Bid Form. Withdrawal of a bid
during this interval may result in the Bidder’s forfeiture of its bid
security, pursuant to the ITB Clause 13.7.
20. Opening of 20.1 The Purchaser will open all bids in the presence of bidders’
Bids by the representatives who choose to attend, at the time, on the date,
Purchaser and at the place specified in the Bid Data Sheet. The bidders’
representatives who are present shall sign an “Attendance Sheet”
evidencing their attendance.
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20.3 Bids (and modifications sent pursuant to ITB Clause 19.2) that are
not opened and read out at bid opening shall not be considered
further for evaluation, irrespective of the circumstances.
Withdrawn bids will be returned unopened to the bidders.
21. Clarification of 21.1 During evaluation of the bids, the Purchaser may, at its discretion,
Bids ask the Bidder for a clarification of its bid. The request for
clarification and the response shall be in writing, and no change
in the prices or substance of the bid shall be sought, offered, or
permitted.
22. Preliminary 22.1 The Purchaser will examine the bids to determine whether they
Examination are complete, whether any computational errors have been made,
whether required sureties have been furnished, whether the
documents have been properly signed, and whether the bids are
generally in order.
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23. Evaluation and 23.1 The Purchaser will evaluate and compare the bids which have
Comparison of been determined to be substantially responsive, pursuant to ITB
Bids Clause 22.
24.Contacting the 24.1 Subject to ITB Clause 21, no Bidder shall contact the Purchaser on
Purchaser any matter relating to its bid, from the time of the bid opening to
the time the contract is awarded. If the Bidder wishes to bring
additional information to the notice of the Purchaser, it should do
so in writing.
F. Award of Contract
25. Qualification 25.1 In the absence of prequalification, the Purchaser will determine to
its satisfaction whether the Bidder that is selected as having
submitted the lowest evaluated responsive bid is qualified to
perform the contract satisfactorily.
25.2 The determination will take into account the Bidder’s compliance
with the qualification criteria defined in the Bid Data Sheet.
26. Award Criteria 26.1 Subject to ITB Clause 28, the Purchaser will award the contract to
the successful Bidder whose bid has been determined to be
substantially responsive and has been determined to be the most
advantageous bid, provided further that the Bidder is determined
to be qualified to perform the contract satisfactorily.
27.Purchaser’s 27.1 The Purchaser reserves the right at the time of contract award to
Right to Vary increase or decrease, by the percentage indicated in the Bid Data
Quantities at Sheet, the quantity of goods and services originally specified in
Time of Award the Schedule of Requirements without any change in unit price or
other terms and conditions.
28. Purchaser’s 28.1 Pursuant to Public Procurement Rule No. 33 of 2004, the
Right to Purchaser reserves the right to accept or reject any bid, and to
Accept any Bid annul the bidding process and reject all bids at any time prior to
and to Reject contract award, without thereby incurring any liability to the
any or All Bids affected Bidder or bidders. The Purchaser will inform the affected
Bidder or bidders of the grounds for the Purchaser’s action, if so
requested, but the Purchaser shall not be required to justify the
grounds.
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29. Notification of 29.1 Prior to the expiration of the period of bid validity and subject to
Award ITB Clause 29.3, the Purchaser will notify the successful Bidder in
writing by registered letter or by cable, to be confirmed in writing
by registered letter, that its bid has been accepted.
29.2 The notification of award under ITB 29.1 will constitute the
formation of the Contract.
29.3 The Purchaser shall announce the results of bid evaluation in the
form of a report prescribed by PPRA giving justification for
acceptance or rejection of bids at least ten days prior to the
award of contract.
30. Signing of 30.1 The bidder whose bid has been accepted will be sent a
Contract notification of award by the Purchaser prior to expiration of Bid
Validity Period. At the same time the Purchaser notifies the
successful Bidder that its bid has been accepted and asks the
bidder to authorize the representative of the bidder for signing of
the Contract.
31. Corrupt or 31.1 The Purchaser observes the highest standard of ethics during the
Fraudulent procurement and execution of such contracts. In pursuance of
Practices this policy, the Purchaser:
(a) defines, for the purposes of this provision, the terms set
forth below as follows:
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or fraudulent practices in competing for the contract in
question;
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Part-One Section II.
The following specific data for the goods to be procured shall complement, supplement, or amend
the provisions in the Instructions to Bidders (ITB): Section I. Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.
A. Introduction
Name of Contract & Procurement of Hardware.
ITB 1.1
ITB No. ITB No. 127/IT/BISP/2021
Benazir Income Support Programme (BISP)
Name of Purchaser
Government- of Pakistan
ITB 3.1
Benazir Income Support Programme, BISP Secretariat, F-
Purchaser’s Address
Block, Pak. Secretariat, Islamabad.
C. Preparation of Bids
ITB 10.2 The price DDP in Pak Rupees i.e. prices inclusive of all applicable indirect
quoted shall be taxes (GST), duties, freight (transportation) charges, insurances &
warranties etc.
In this contract Incidental Services are Not Applicable.
ITB 10.5 The price shall Fixed inclusive of applicable indirect taxes as per the law.
be If there is no mention of taxes, the offered/quoted price(s) will be
considered as inclusive of all applicable indirect taxes/duties,
transportation charges, insurances & warranties etc.
The bid price shall not be subject to any adjustment during the
performance of the Contract.
Alternate Bids or double / triple rates /price shall not be 17
considered.
(Only one rate / price of required specification shall be
considered).
ITB 12.2 Qualification The Qualification Requirements in terms of Eligibility &
(a) requirements. Responsiveness shall be as follow:-
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D. Submission of Bids
ITB 17.1 Address for bid Director (Procurement), Benazir Income Support
submission. Programme, BISP Secretariat, F – Block, Pak. Secretariat,
Islamabad.
ITB 17.1 Deadline for bid 22nd March, 2021 at 11:00 AM.
submission.
E. Opening and Evaluation of Bids
ITB 20.1 Time, date, and 22nd March, 2021 at 11:35 AM at 2nd floor Committee
place for bid Room, BISP Secretariat, F – Block, Pak. Secretariat,
opening. Islamabad
ITB 23.2 Criteria for bid (i) Bidder may bid for one or both lots.
evaluation. (ii) Delivered Duty Paid Price only inclusive of all
applicable indirect taxes (GST), duties, freight
(transportation), charges, insurances & warranties, if
any, etc. on Lots basis.
(iii) The Bidder has to quote only one rate for the
respective lot as per Bid’s specification. No alternate
model/bid shall be accepted.
(iv) Evaluation will be done on the basis of most
advantageous bid for complete requirement of each
lot. Bids submitted for partial requirement for each lot
shall not be considered (non-responsive). Bidder are
required to bid for 100% required quantity for each lot
as mentioned in the Bidding Document on Delivered
Duty Paid price basis i.e. inclusive of all applicable
indirect taxes (GST) & complete transportation &
delivery charges, insurances & warranties etc.
(v) The Goods must be delivered within given time as
specified in Section-III Schedule of requirement.
(vi) Alternate bids shall not be accepted.
(vii) Compliance to the Qualification Requirement and
Technical Specification as proposed in ITB 12.2 (a) and
Section III of Bidding Document respectively.
(viii) No alternate model/bid or separate accessories shall
be accepted.
ITB 27.1 Increase & + & - 15% of the total quantities
Decrease in
Quantities
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Part One - Section III
The successful bidder shall be liable to supply / install Hardware equipment within 45 working
days starting from the date of signing of the contract, at Benazir Income Support Programme,
BISP Head Quarter, F – block, Pak Secretariat, Islamabad,
Lots Qty
Sr.# Tender Specifications
(Pcs)
1 Core Switch 2
22
PoE 48 Ports Access Switch
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16. Mounting Bracket
17. All required licenses
18. 5 Years warranty NBD
100
5 LC to SC Patch Cords 10GE supported
Nos.
100
6 10GbE multimode SFP+ Module 850nm
Nos.
7 8 Port Wall mount ODF Fully Loaded with Pigtails and Adaptors 6 Nos.
8 24 Port Rack Mount ODF Fully Loaded with Pigtails and Adaptors 4 Nos.
1000
9 8 Core Armored Cable 10GE support
Meters
NOTES:-
Deployment, Configuration, Integration and training (if necessary) will be provided for the
above hardware to BISP relevant staff.
If necessary hardware, subscription/ support and software / driver services shall be provided
by vendor.
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Part One - Section IV
Standard Forms
1. Bid Form
Date:
ITB NO:
To: [name and address of Purchaser]
Having examined the bidding documents including Addenda Nos., if issued any, [insert
numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to
supply and deliver [description of goods and services] in conformity with the said bidding
documents and on the unit rates quoted in our “Price Schedule”, attached hereto, if stand
lowest, till expiry of 120 days bid validity which may be further extended till finalization of
tender, if desired so, by mutual consent and made part of this Bid.
We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery
schedule as per the requisite items, quantities, delivery schedule & rate of liquidated damages
against late deliveries.
We also agree to abide by this Bid for a period of 120 days from the date fixed for Bid
opening under Clause 14.1 of the Instructions to Bidders, and it shall remain binding upon us
and may be accepted at any time before the expiration of that period and quoted rates shall
remain valid till the expiry of the contract, if we stand as lowest evaluated responsive bidder.
Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
We understand that you are not bound to accept the lowest or any bid you may
receive.
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2. Price Schedule in Pak. Rupees
S. Total DDP
DDP Unit Price
No Description DDP Unit Price Price
Inclusive of
Brand/Model Quantity without Indirect Inclusive of
Indirect Taxes
Tax (GST) Indirect Tax
Specification (GST)
Pak. Rs. ( GST)
Pak. Rs.
Pak. Rs.
1 2 3 4 5 6
It is hereby confirmed that the specifications of offered items are fully compliant to the
technical specifications provided in Section III of bidding document.
__________________________________ Signature_____________________
___________________________________
Date: Seal:
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3. Contract Form
THIS CONTRACT (hereinafter termed as “Contract” is entered into, signed and executed at
Islamabad on this ___th Day of, 2021
BETWEEN
Benazir Income Support Programme (BISP), Government of Pakistan, having its office
situated at F-Block, Pak. Secretariat, Islamabad, Hereinafter shall be termed as
“PURCHASER”, which expression shall include the successors in office, permitted assigns and
legal representatives.
AND
M/s----, a firm duly registered with -----bearing number ------and has never been declared
as defaulter by any authority or forum, having its registered office at---(Hereinafter referred
to as “SUPPLIER”, which expression shall, unless repugnant to the context or meaning thereof,
be deemed to mean and include its successors in interests, administrators and/or assignees)
WHEREAS the Purchaser invited bids for Procurement of Hardware and has accepted the
following bid by the Supplier for the supply of requisite item, quantities, delivery schedule &
rate of liquidated damages in case late deliveries of equipment:-
2. Both the parties of this Contract hereby agree that the following documents shall be
read, understood and constructed as an essential and fundamental part of this Contract:
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3. In consideration of the payments to be made by the Purchaser to the Supplier as
hereinafter mentioned, the Supplier hereby covenants with the Purchaser and shall be bound
to provide the Goods or services set right, resolve, redress, remedy, and cure the complaints,
deficiencies, defect(s), shortcomings, or flaw(s) therein in conformity with the provisions of the
Contract, failing which, the payments or charges shall be withheld, accordingly, and no
additional cost shall be made to the Supplier.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision
of the goods and services and the remedying/resolving of defects therein, the Contract Price
or such other sum as may become payable under the provisions of the contract at the times
and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
PARTIES
Name: Name:
Designation: Designation:
CNIC: CNIC:
WITNESSES
Name: Name:
Designation: Designation:
CNIC: CNIC:
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4. Form of Performance Security
Whereas [Name of Service Provider] (hereinafter called “the Service Provider”) has
undertaken, in pursuance of Contract No. [number] dated [date] to supply [description of
goods] (hereinafter called “the Contract”).
And whereas it has been stipulated by you in the said Contract that the Supplier shall
furnish you with a Bank Guarantee by a scheduled bank for the sum of 5% of the total
Contract amount as a Security for compliance with the Service Provider’s performance
obligations in accordance with the Contract.
Therefore we hereby affirm that we are Guarantors and responsible to you, on behalf of the
Service Provider, up to a total of [Amount of the Guarantee in Words and Figures] and we
undertake to pay you, upon your first written demand declaring the Service Provider to be
in default under the Contract and without cavil or argument, any sum or sums within the
limits of [Amount of Guarantee] as aforesaid, without your needing to prove or to show
grounds or reasons for your demand or the sum specified therein.
Address Date
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5. Form of Integrity Pact
[name of Supplier] hereby declares that it has not obtained or induced the
procurement of any contract, right, interest, privilege or other obligation or benefit from BISP
or any administrative subdivision or agency thereof or any other entity owned or controlled
by BISP through any corrupt business practice.
2. Without limiting the generality of the foregoing, [name of Supplier] represents
and warrants that it has fully declared the brokerage, commission, fees etc. paid or payable to
anyone and not given or agreed to give and shall not give or agree to give to anyone within
or outside Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder,
sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether
described as consultation fee or otherwise, with the object of obtaining or inducing the
procurement of a contract, right, interest, privilege or other obligation or benefit in
whatsoever form from BISP, except that which has been expressly declared pursuant hereto.
3. [name of Supplier] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the transaction with
BISP and has not taken any action or will not take any action to circumvent the above
declaration, representation or warranty.
4. [name of Supplier] accepts full responsibility and strict liability for making any
false declaration, not making full disclosure, misrepresenting facts or taking any action likely
to defeat the purpose of this declaration, representation and warranty. It agrees that any
contract, right, interest, privilege or other obligation or benefit obtained or procured as
aforesaid shall, without prejudice to any other rights and remedies available to BISP under any
law, contract or other instrument, be voidable at the option of BISP.
5. Notwithstanding any rights and remedies exercised by BISP in this regard,
[name of Supplier] agrees to indemnify BISP for any loss or damage incurred by it on account
of its corrupt business practices and further pay compensation to BISP in an amount
equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or kickback
given by [name of Supplier] as aforesaid for the purpose of obtaining or inducing the
procurement of any contract, right, interest, privilege or other obligation or benefit in
whatsoever form from BISP.
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Part Two
Section I.
32
General Conditions of Contract
(b) “The Contract Price” means the price which shall be payable
to the Supplier under the Contract pursuant to the rates
agreed at the time signing the contract subject to proper /
satisfactory performance of its contractual obligations.
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2. Application 2.1 These General Conditions shall apply to the extent that they are
not superseded by provisions of other parts of the Contract.
3. Standards 3.1 The Goods supplied under this Contract, shall conform to the
standards mentioned in the Technical Specifications, and, when
no applicable standard is mentioned, to the authoritative
standards appropriate to the Goods’ country of origin. Such
standards shall be the latest issued by the concerned institution.
4. Inspections and 4.1 The Purchaser or its representative shall have the right to inspect
Tests and/or to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Purchaser. SCC and
the Technical Specifications shall specify what inspections and
tests the Purchaser requires and where they are to be conducted.
The Purchaser shall notify the Supplier in writing, in a timely
manner, of the identity of any samples (representatives) retained
for these purposes.
4.4 The Purchaser’s right to inspect, test and, where necessary, reject
the Goods after the Goods’ arrival at the Purchaser’s delivery point
shall in no way be limited or waived by reason of the Goods
having previously been inspected, tested, and passed by the
Purchaser or its representative prior to the Goods’ shipment from
the factory/warehouse.
4.5 Nothing in GCC Clause 4 shall in any way release the Supplier
from any warranty or other obligations under this Contract.
5. Packing 5.1 The Supplier shall provide such packing of the Goods as is
required to prevent their damage or deterioration during transit
to their final destination. The packing shall be sufficient to
withstand, without limitation, rough handling during transit and
exposure to extreme temperatures, salt and precipitation during
transit, and open storage. Packing case size and weights shall take
into consideration, where appropriate, the remoteness of the
Goods’ final destination and the absence of heavy handling
facilities at all points in transit.
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5.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as
shall be expressly provided for in the Contract, including
additional requirements, if any, specified in SCC, and in any
subsequent instructions ordered by the Purchaser.
6. Delivery and 6.1 Delivery of the Goods shall be made by the Supplier in accordance
Documents with the Schedule of Requirements.
6.2 For purposes of the Contract, DDP trade term is used to describe
the obligations of the parties which means price inclusive of
applicable taxes, transportation & delivery charges, insurances &
warranties, if any, etc.
7. Transportation 7.1 The Supplier is required under the Contact to transport the Goods
to a specified place of destination within the Purchaser’s country,
transport to such place of destination in the Purchaser’s country,
including insurance and storage, as shall be specified in the
Contract, shall be arranged by the Supplier, and related costs shall
be included in the Contract Price.
8. Warranty 8.1 The Supplier warrants that the Goods supplied under the Contract
are new, unused, of the most recent or current models, and they
incorporate all recent improvements in design and materials
unless provided otherwise in the Contract. The Supplier further
warrants that all Goods supplied under this Contract shall have no
defect, arising from design, materials, or workmanship (except
when the design and/or material is required by the Purchaser’s
specifications) or from any act or omission of the Supplier, that
may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination.
8.3 The Purchaser shall promptly notify the Supplier in writing of any
claims arising under this warranty.
8.4 Upon receipt of such notice, the Supplier shall, within the period
specified in SCC and with all reasonable speed, repair or replace
the defective Goods or parts thereof, without costs to the
Purchaser.
8.5 If the Supplier, having been notified, fails to remedy the defect(s)
within the period specified in SCC, within a reasonable period, the
Purchaser may proceed to take such remedial action as may be
necessary, at the Supplier’s risk and expense and without
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prejudice to any other rights which the Purchaser may have
against the Supplier under the Contract.
9. Payment 9.1 The method and conditions of payment to be made to the
Supplier under this Contract shall be specified in SCC.
9.3 Payments shall be made within thirty (30) days after acceptance
of an invoice by the Purchaser.
11.2 If any such change causes an increase or decrease in the cost of,
or the time required for, the Supplier’s performance of any
provisions under the Contract, an equitable adjustment shall be
made in the Contract Price or delivery schedule, or both, and the
Contract shall accordingly be amended. Any claims by the
Supplier for adjustment under this clause must be asserted within
thirty (30) working days from the date of the Supplier’s receipt of
the Purchaser’s change order.
12. Contract 12.1 No variation in or modification of the terms of the Contract shall
Amendments be made except by written amendment signed by the parties.
13.Assignment 13.1 The Supplier shall not assign, in whole or in part, its obligations
to perform under this Contract.
14. Performance 14.1 Performance Guarantee: The Supplier, within 10 days of signing
Security of this contract, shall provide to the Purchaser a Performance
Guarantee equivalent to 5% of the total Contract amount on the
prescribed format and in prescribed manner. This Performance
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Guarantee shall be released to the Supplier upon successful
completion of the Contract.
14.2 Supplier’s Bid Security already submitted with the Bid shall only
be released upon satisfactory submission of a Performance
Guarantee in accordance with sub-clause 14.1 above.
15.3 Except as provided under GCC Clause 18, a delay by the Supplier
in the performance of its delivery obligations shall render the
Supplier liable to the imposition of liquidated damages pursuant
to GCC Clause 16, unless an extension of time is agreed upon
pursuant to GCC Clause 15.2 without the application of liquidated
damages.
16. Liquidated 16.1 Subject to GCC Clause 16, if the Supplier fails to deliver any or all
Damages of the Goods or to perform the Services, as per satisfaction of BISP
or within the period specified in this Contract, the Purchaser shall,
without prejudice to its other remedies under the Contract,
deduct from the Contract Price, as liquidated damages, a sum
equivalent to the percentage specified in SCC for late delivery for
each day up to a maximum deduction of the percentage specified
in SCC. Once the maximum is reached, the Purchaser may
consider termination of the Contract pursuant to GCC Clause 17.
17 Termination for 17.1 The Purchaser, without prejudice to any other remedy for breach
Default of Contract, by written notice of default sent to the Supplier, may
terminate this Contract in whole or in part:
(a) if the Supplier fails to deliver any or all of the Goods within
the period specified in this Contract, or within any extension
thereof granted by the Purchaser pursuant to GCC Clause
15.2; or
(b) if the Supplier fails to perform any other obligation(s) under
the Contract.
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(c) if the Supplier, in the judgment of the Purchaser has
engaged in corrupt and fraudulent practices in competing
for or in executing the Contract.
18. Force Majeure 18.1 Notwithstanding the provisions of GCC Clauses 15, 16, and 17, the
Supplier shall not be liable for forfeiture of its bid security,
liquidated damages, or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure.
18.2 For purposes of this clause, “Force Majeure” means an event
beyond the control of the Supplier and not involving the
Supplier’s fault or negligence and not foreseeable. Such events
may include, but are not restricted to, acts of the Purchaser in its
sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes.
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19.Resolution of 19.1 The Purchaser and the Supplier shall make every effort to resolve
Disputes amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract.
19.2 If negotiations fails or the Purchaser and the Supplier have been
unable to resolve amicably a Contract dispute, either party may
require that the dispute be referred for resolution to the formal
mechanisms specified in SCC. These mechanisms may include, but
are not restricted to, conciliation mediated by a third party,
adjudication in an agreed manner and/or arbitration subject to
approval of the Competent Authority, BISP.
20. Governing 20.1 The Contract shall be written in the language specified in SCC.
Language Subject to GCC Clause 20, the version of the Contract written in
the specified language shall govern its interpretation. All
correspondence and other documents pertaining to the Contract
which are exchanged by the parties shall be written in the same
language.
21. Applicable Law 21.1 The Contract shall be interpreted in accordance with the laws of
Islamic Republic of Pakistan.
22. Notices 22.1 Any notice given by one party to the other pursuant to this
Contract shall be sent to the other party in writing or by cable,
telex, or facsimile and confirmed in writing to the other party’s
address specified in SCC.
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Part Two – Section II.
The following Special Conditions of Contract shall supplement the General Conditions of Contract.
Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions
of Contract. The corresponding clause number of the GCC is indicated in parentheses.
GCC 1.1 (g)—The Purchaser is: Benazir Income Support Programme, Government of
Pakistan
GCC 1.1 (k)—The Project Site is: Benazir Income Support Programme, BISP Secretariat,
F. Block, Pak. Secretariat, Islamabad.
GCC 4.1—Inspection and tests prior to supply of Goods and at final acceptance are as
follows: The Purchaser or its representative shall have the right to inspect and or to test the
supplies as per following ways to confirm their conformity to the Contract specifications at no
extra cost to the Purchaser: -
Final inspection of goods will be carried out on receipt of goods at sties of delivery and
payments shall be made against the Goods Receipt & Inspection Report duly signed by
the purchaser on acceptance of goods.
GCC 5.2 – Packing & accessories: The bidder shall deliver the supplies at the destination in
scratch less condition within the manufacturer supplied packing and manufacturer’s manuals,
booklets, accessories etc. Manufacturer’s original Operating Manual must be provided.
GCC 8.2— The warranty period of the supplied items shall remain valid till the warranty
period as mentioned under Technical Specifications from date of acceptance of the
supplies. The Supplier, in addition to this, shall also comply with the requirement of
submission of performance guarantees specified under the Contract.
(b) In case Performance Obligations are net met by the Supplier the Purchase may place
liquidated damages with respect to the failure to meet the contractual guarantees. The rate
of these liquidated damages shall be 0.5 % per week up-to maximum 10% of the total price
GCC 8.4 & 8.5—The period for correction of defects in the warranty period is: 15 (Fifteen)
days.
GCC 9.1 & 9.3 —The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows:
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Payment for Goods supplied:
(i) On Acceptance: Hundred (100) percent payment of the supplies delivered, Deployment,
Configuration, Integration and training (if necessary)and accepted shall be made within
thirty (30) working days of submission of claim supported by the acceptance certificate
issued by the purchaser.
A copy of the sales tax, must be submitted along with the invoice besides receipt of
original delivery challan(s), in duplicate duly completed in all respect. In case GST is not
applicable on the Goods to be procured, the Bidder shall provide the documentary
evidence to the said effect issued from the Competent Authority.
Tax(s) if any, shall be deducted at source as per applicable taxation laws, while making
the payments to the Supplier.
The Supplier, within 1 0 days of Purchaser’s Notification of Award shall provide to the
Purchaser a Performance Guarantee (valid till expiry of warranty period as specified
in the Technical Specification) from any scheduled Bank of Pakistan equivalent to
5% of the total Contract amount in the shape of unconditional Bank Guarantee on the
prescribed format as provided in the Bidding document.
Bidder’s Bid Security already submitted with the Bid shall only be released upon
satisfactory submission of a Performance Guarantee in accordance with provision
mentioned above.
The Performance Bank Guarantee shall be released upon completion of support and after
sales services including all the warranties.
GCC 16.1—Applicable rate: The applicable rates on account of later delivery or unperformed
Services including change of defective/sub-standard items, etc., shall be 0.5% per week and up
to maximum 10% of the contract price.
If during the currency of the period it is found that supplied items are sub –standard or
defective, the contract will be cancelled and Security Deposit will be forfeited and the firm will
also be blacklisted.
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10. Resolution of Disputes (GCC Clause 19)
GCC 19.2—The dispute resolution mechanism to be applied pursuant to GCC Clause 19.2
shall be as follows:
In the case of a dispute between the Purchaser and the Supplier, the dispute shall be referred
to adjudication or arbitration in accordance with the laws of the Islamic Republic of Pakistan.
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