Cond- Of Contract Part-1 (210800)

INVITATION FOR BIDS

1 The Executive Engineer C & W Dept. Charsadda invites sealed bids from prequalified eligible bidders for the construction of RCC Bridges on Minor No. 6 RD No. 40837 at Sarki Titara-Marwandi and Haji Gul Killi Bridge Union Council Behlola.

2 Bidders may obtain further information on the Bid Form and inspect the bidding documents at the office of the Executive Engineer C & W Department Charsadda.

3 A complete set of bidding documents may be purchased by interested eligible bidders on the submission of a written application to the above and upon payment of a non-refundable fee of Rs. .

4 All bids must be accompanied by a bid security of % of the total bid price and must be delivered in accordance with the Instructions to Bidders on or before hours and will be publicly opened on hours

5 The Employer shall not be responsible for any costs or expenses incurred by bidders in connection with the preparation or delivery of bids, including costs and expenses related to visits to the site.

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INSTRUCTIONS TO BIDDERS

INTRODUCTION

1.0 General

Only firms and persons prequalified by the owner are allowed to submit the tenders for construction and maintenance of the works strictly in accordance with terms and conditions, stipulations and the requirements described and set forth in these tender documents.

The submission of a tender will imply full acceptance on the part of the tenderer of these instructions, conditions, stipulations and the requirements described and set forth in these tender documents. The instructions to tenderers shall become an integral part of the Tender and the contract.

2.0 Source of Funds

2.1 Under PAP (Government of Pakistan)

3.0 Scope

3.1 The Deputy Commissioner Charsadda Represented by The XEN C & W Department Charsadda (hereinafter referred to as the Employer) wishes to receive bids for the construction and completion of the works as described in Sections IV hereof (hereinafter referred to as the Works).

3.2 The Works are expected to be completed within 150 days. The date of commencement of the works will be reckoned thirty days from the date of issue of intend.

3.3 All bids are to be completed and returned to the Employer in accordance with these instructions to Bidders.

4.0 Eligible Bidders

4.1 The Invitation for Bids is open to all prequalified bidders by the Employer.

5.0 Eligible Materials, Equipment and Services

5.1 The materials, equipment (hereinafter referred to as the Goods) and services (hereinafter referred to as the Services) to be supplied under the Contract shall have their origin in PAKISTAN limited to such Goods and Services.

5.2 For purposes of Clause 5.1 above "Origin" shall be considered to be the place where the Goods are mined, grown or produced or from which the Services are provided. Goods are produced when, through manufacturing, processing or substantial and major assembling of components, a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.


6.0 Cost of Bidding

6.1 The bidder shall bear all costs associated with the preparation and delivery of its bid, and the

Employer will in no case be responsible or liable for those costs.

7.0 Joint Ventures

7.1 In the event that the successful bidder is a joint venture formed of two or more companies, the Employer requires that the parties to the joint venture accept joint and several liability for all obligations under the Contract.

7.2 Bid submitted by a joint venture of two or more firms as partners shall comply with the following requirements:

(a) the bid, and in case of a successful bid, the Form of Agreement, shall be signed so as to be legally binding on all partners.

(b) one of the partners shall be authorized to be the agent and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners.

(c) the partner/agent shall be authorized to incur liabilities and receive instructions for and on behalf of any or all partners of the joint venture and the entire execution of the Contract including payment shall be done exclusively with the agent.

(d) all partners of the joint venture shall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms, and a relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Bid Form and the Form of Agreement (in case of a successful bid); and

(e) a copy of the agreement entered into by the joint venture partners shall be submitted with the bid.

8.0 Assurance

8.1 The successful bidder will be required to give satisfactory assurance of its ability and intention to complete the Works pursuant to the Contract, within the time set forth therein.

9.0 Site Visit

9.1 The bidder is advised to visit the Site of Works and its surroundings and shall satisfy themselves before submitting their bids as to the quantities and nature of the work, the hydrology and climatological conditions, the location, the requirements and availability of manpower, labour, materials, water, electricity and roads, the means and access to the site, transportation and communication facilities and in general shall themselves obtain all necessary information as to costs, risks, contingencies and other circumstances which may affect or influence their bids. The costs of visiting the Site shall be at bidder's own expense.

9.2 The Employer shall not assume any responsibility for information, interpretation and deductions the bidders may make from the data furnished by the Employer or the Engineer. No verbal understanding, agreement or conversation with any officer, employee or agent of the Employer or the Engineer, either before, during or modify and of the terms or obligations contained in the Bids documents.

9.3 The bidder and any of his personnel or agents will be granted permission by the Employer to enter upon his premises and lands for the purpose of such inspection, but only upon the explicit condition that the bidder, his personnel or agent, will release and indentify the Employer and his personnel and agents from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses incurred as a result hereof.


THE BIDDING DOCUMENTS

10.0 Bidding Documents

10.1 The following together comprise the bidding documents and are an integral part thereof:

Ia) Invitation of Bidsb) Instructions to Bidders.c) Form of Contract Agreement.d) Scope of Work.e) Bill of Quantities.f) Bid and Appendices.g) Work Schedule.h) Specifications.i) Annexures.

II a) Part I- General Conditionsb) Part II- Supplementary Conditions of Contract.

III. Drawings

10.2. The bidder is expected to examine the Bidding Documents, including all instructions, forms, terms, specifications and drawings. Failure to furnish the information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will result in the rejection of the bid.

11.0 Clarification of Bidding Documents

Prospective bidders requiring any further information or clarification of the Bidding Documents may notify the Employer in writing or by telex or cable at the Employer's mailing address indicated in the invitation for Bids. The Employer will respond in writing to any request for information or clarification of the Bidding Documents which it receives prior to the deadline for the submission of bids prescribed by the Employer. The Employer's response (including an explanation of the query) will be sent in writing or by telex or cable to all prospective bidders who have received the Bidding Documents.

12.0 Amendment of Bidding Documents

12.1. Each Bidder shall be deemed to have fully satisfied himself before submitting the Bid as to the correctness and sufficiency of his Bid and of the rates and prices stated in the Bill of Quantities which rate and prices shall, except in so far as it is otherwise expressly provided in the Bidder Documents must cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the works.

12.2 No Bidder shall have any right to make any objection, excuse or claim about correctness and sufficiency of his Bid after acceptance of his Bid by the owner.

12.3 At any time prior to the deadline for submission of bids, the Employer may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Bidding Documents by amendment.

12.4 The amendment shall be part of the Bidding Documents pursuant to Clause 10.1, shall be notified in writing or by telex or cable to all bidders who have received the Bidders Documents, and shall be binding on them. Bidders will be required to acknowledge receipt of any such amendment to the Bidding Documents.

12.5 In order to afford prospective bidders reasonable time in which to take the amendment into account in preparing their bids, the Employer may, at its discretion, extend the deadline for the submission of bids.


13.0 Language of Bid

13.1 The bid prepared by the bidder, and all correspondence and documents relating to the bid exchanged by the bidder and the Employer, shall be written in the English language. Any printed literature furnished by the bidder may be written in another language, provided that this literature is accompanied by an English translation in which case, for purposes of interpretation of the bid the English translation shall govern.

14.0 Bids Drawings

14.1 Bids Drawings reflecting the proposed work are already being issued with Bid. The owner, however, reserves the right to make any addition, alteration or modification in these drawings or specifications at any time in the best interest of the work.

15.0 Cost of Bidding

15.1 Bidders will have no claim for reimbursement of any expenses of any kind whatsoever incurred in connection with preparation and submission of their tenders.

16.0 Right to Reject Incomplete Bids

16.1 The Employer or his representative expressly reserves the right to reject any Bid:

a. Which in the opinion of the Employer is not prepared substantially in conformity with the Bids Documents, or

b. Which fails to provide acceptable Bid Security.

The decision of the Employer in this respect shall be final and binding.

PREPARATION OF BIDS

Bids shall be prepared in one bound set of Bids Documents which shall be original and two sets shall be copies of the Bid, Appendices and the Bill of Quantities. Each set shall be complete with all Appendices, Addenda and all other necessary applicable supplementary information. The Bid and Appendices and the Bill of Quantities in the original set of Bid Documents shall be given precedence and shall govern, should there be any difference between the the original set and the two copies.

17.0 Documents Comprising the Bid

The bid prepared by the bidder shall observe the following requirements:

17.1. Bids hall be prepared by filling out the forms provided therefore completely and without alterations or modifications. All entries, numerals and the signatures of all persons signing the bids shall be without interlineation or erasures except those necessary to correct errors made by the Bidders, in which case the interlineation and erasures shall be initialled by the person/persons signing the Bids.

17.2 All entries in the Bid and supplementary information to be submitted therewith are to be pursuant to clause 24.

17.3 The Bids must be signed by a person duly authorized to do so on. A bid submitted by a corporation must bear the seal of the corporation and be attested by its Secretary. Bids submitted by joint ventures must be accompanied by the document of formation of joint venture, duly registered and authenticated before a notary public or other official authorized to witness sworn statements, in which is defined precisely the conditions under which it will function, its period of duration, the persons authorized to represent and obligate it and which persons will be directly responsible for due performance of the contract and can give valid receipts on behalf of the joint venture, the proportionate participation of several firms forming the joint venture and any other information necessary to permit a full appraisal of its functioning.


17.4 Bidders shall indicate, in the space provided, their full and proper address at which notices may be legally served on them and to which all correspondence in connection with their Bid and the contract is to be sent.

18.0 Requirements for Bid Withdrawal and Modifications

18.1 Bids may be modified, corrected or withdrawn at any time prior to the date and time set for the opening of Bids, upon submission of a request in writing to that effect, signed by the same person or persons who signed the Bid, and delivered to the Employer prior to the date and time given in sub-clause 19(e) for receipt of Bids.

19.0 Notice for Bid Withdrawal or Modification

19.1 A Bid's modification or notice of withdrawal shall be prepared, seated, marked and delivered in accordance with the provisions of clause 20(a) hereof with the envelope additionally marked "MODIFICATION" or "WITHDRAWAL" as appropriate. An envelope marked "WITHDRAWAL" shall be opened immediately and an envelope marked "MODIFICATION" shall remain sealed until the date and time of Bid Opening.

20.0 I. Submission of Tenders

a) The Bidder shall submit in a sealed envelope.

i) One bound set of Bid Documents including the completed Bid and the Bill of Quantities marked "ORIGINAL".

ii) Two set of the Bid and the Bill of Quantities all duly completed.

iii) The Bid Security, and

iv) Addenda (if any)

The sealed envelope shall bear the Bidder's name and address on the front upper left hand corner. On the front lower left-hand corner of the envelope the address of the work shall be written.

b) if the cover of the Bid Package is not sealed and marked as instructed above, no responsibility will be assumed for any misplacement of the Bid, or premature opening of the envelope or parcel. Bids with charges payable will not be accepted, nor will arrangements be undertaken to collect the Bid from any delivery point other than that specified above. Bidders shall bear all expenses incurred in the preparation and delivery of Bids. No claims will be entertained for refund of such expenses.

c) Where delivery of the Bid is by mail and the Bidder wishes to receive an acknowledgement of receipt of the Bid, he shall make a request for such acknowledgement in a separate letter attached to but not included in the sealed Bid Package.

d) Upon request, acknowledgement of receipt of Bids will be provided to those making delivery in person or by messenger.

e) Bids will be received at the above address until the time and date noted in the invitation to Bidders. Bids arriving after the date and time specified will not be considered and will be promptly returned unopened. Bidders are advised to take measures such as timely mailing and arrangements through their local representative, if any, to ensure delivery of the Bid on time.

f) Delays in the mail, delays of person in transit, or deliver a bid at proper place and time. It shall be the bidder's responsibility to determine the manner in which timely delivery of his bid will be accomplished, either in person, by messenger, or by mail.

g) Immediately after the date and time specified for receipt of bids, all bids will be opened in public /tt/file_convert/563db7d3550346aa9a8e49cc/document.doc

at the place designated for delivery of bids. The names of the bidders, the bid's prices, written notifications of bid modifications, discounts and withdrawals, if any, the presence of the requisite bid security, and such other details as the Employer may consider appropriate shall be announced at that time.

h) The bid and all documents submitted by a bidder will be treated as confidential and examination by other bidders or the public shall not be permitted.

II. Copy to be Retained by the Bidder

Bidders should retain a copy of the bound set of the Bid Documents as their file copy.

21.0 Currencies of Bid and Payment

The unit rates and prices shall be quoted by the bidder entirely in Pak Rupees.

22.0 Supplementary Information

22.1 Each Bidder shall submit the following supplementary information alongwith his Bid:

a) A preliminary construction schedule showing the construction programmme for various activities proposed by the Bidders for execution of the work from commencement of mobilization to completion. The schedule shall be in sufficient detail to adequately show the sequence of various operations proposed and the period of time estimated for performing each activity and phase of work.

b) A list of plant, machinery and equipment which the Bidders proposes to use for satisfactory execution of the work.

c) A chart of the organization which the Bidders proposes to create for satisfactory execution of the work. The chart shall indicate the details of personnel employed or proposed to be employed by the Bidders for completion of the work.

22.2 If the Bidders proposes to appoint sub-contractors for part of the work, he would submit a list of sub-contractors with full particulars, biodata and postal addresses, alongwith his Bid. The sub-contractor will be subject to the approval of the owner.

22.3 Bidders must give with their Bids, the address at which notices may validly be served on them.

23.0 Supply of Materials

No materials, including water, electricity etc. required for execution of the work, shall be supplied or arranged by the Employer. It shall be the responsibility of the Bidder to procure all materials required for the timely completion of the works.

BID FORM

The bidder shall complete the Bid Form and Appendix to the Bid Form furnished in the Bidding Documents.

24.0 Bid Prices

24.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole Works as described in Clause 3, based on the schedule of unit rates and prices submitted by the bidder.

24.2 The bidder shall fill in rates and prices for all items of Works described in the Bill of Quantities. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.


24.3 All duties taxes and other levies payable by the Contractor under the Contract, or for any other cause, as of the date thirty (30) days prior to the closing date for submission of bids, shall be included in the rates and prices and total Bid Price submitted by the bidder. The evaluation and comparison of bids by the Employer will be made according to the procurement guidelines.

24.4 The rates and prices quoted by the bidder are not subject to adjustment during the performance of the Contract and no escalation will be allowed.

25.0 Documents Establishing the Work's Conformity to the Bidding Documents.

25.1 The documentary evidence of conformity of the Works to the Bid ding Documents shall include.

(a) A detailed schedule of execution of the Works under the Contract (Section VI - Work Schedule), outlining key activities and critical items on the schedule which could influence the time for completion of the Works:

(b) A list, giving full particulars of machinery and equipment proposed for execution ofWork.

(c) Detailed methodology for execution of the works shall be submitted by the bidder alongwith all the bid documents.

25.2 For the purpose of these documents, the terms bid and tender bidding and tendering and other similar expressions are synonymous.

26.0 Bid Security

26.1 With reference to Clause 17, the bidder shall furnish, as part of its bid, a bid security in the amount of two per cent (2%) of total Bid price.

26.2 The bid security shall be denominated in the currency of the bid or in a freely convertible currency. It shall be valid for thirty (30) days beyond the validity of the bid and shall be in one of the following forms:

(a) bank guarantee issued by a scheduled bank in the form provided in the Bidding Documents or another form acceptable to the Employer: or

(b) deposit at call

26.3 Any bid not accompanied by an acceptable bid security will be rejected by the Employer as non-responsive.

26.4 An unsuccessful bidder's bid security will be discharged or returned, or both, as possible upon award of Contract, but in any event not later than thirty (30) days after the expiration of the period of bid validity prescribed by the Employer, pursuant to Clause 26.

26.5 Deleted

26.6 The bid security may be forfeited

(a) if a bidder withdraws its bid during the period of bid validity specified by the bidder on the Bid Form: or

(b) in the case of a successful bidder, if the bidder fails within the time period specified in the bid, to sign the contract agreement, or furnish the required performance security.

(c) If the bidder or his representative illegally approaches any employee of the Employer and offers or gives any gift or other unlawful consideration, illegal gratitude or undermine other bidders efforts for free competition.

27.0 Period of Validity of Bids and Extension/tt/file_convert/563db7d3550346aa9a8e49cc/document.doc

27.1 Bids shall remain valid and open for acceptance of a period of (90) calendar days after the date of bid opening. In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request the Bidders for a specified extension in the period of Tender validity. The request and the response thereto shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bid agreeing to the request will not be asked nor permitted to modify his bid, but will be required to extend the validity of his bid security correspondingly. The provisions herein regarding discharge and forfeiture of bid security shall continue to apply during the extended period of bid validity.

28.0 Earnest Money

28.1 The original Bid shall be accompanied by Earnest Money in an amount equal to two percent of the Bid price in Pakistani currency in the form of pay order/Deposit at call issued by a validity of not less than 90 days from the date set by the owner for the opening of the Bids.

28.2 The purpose of the earnest money is to guarantee that the Bidder who receives the Notice of Award from the owner shall enter into an agreement with the owner for execution of the work covered by the Bid. Should the successful Bidders fail to enter into an agreement for any reason, the owner will forfeit the Bidder's Earnest Money. The Earnest Money of the successful Bidder will be retained until the contract is signed and a performance bond is furnished by him after which the Contractor will have the following two alternatives:

a) The earnest money will be converted into part of the Retention Money and a sum equal to 8% will be deducted from each of the contractor' running bills/Interim payments (starting from the second - if the first being the Mobilization Advance).

b) Deleted

28.3 Deleted

28.4 The Earnest Money of the unsuccessful Bidders shall be returned on owner's signing the agreement with the successful Bidder but not later than 90 days following the date set for the opening of the Bids.

28.5 The Bids without the required Earnest Money will not be considered by the owner.

29.0 Bill of Quantities and Pricing

29.1 The Bidders will enter their quotations for undertaking the work under this contract in the Bill of Quantities. This Bill of Quantities shall be filled out completely, with all rates and amounts in Pakistani Rupees. Bill of Quantities and summary totals shall be expressed in figures and words. Unit rates shall be expressed in Figures and preferably also in words.

29.2 The quantities contained in the Bill of Quantities are estimated quantities to be used for comparing bids, and the Employer does not expressly nor by implication agree that the actual amount of work to be performed will correspond therewith. No payments will be made on account of anticipated profits for works covered by the contract which is not performed, nor will any adjustment in the unit rates set forth in the Bill of Quantities be made because of an increase or decrease in the actual quantity from the estimated quantity indicated therein.

29.3 Provisional items may have been included in the Bill of Quantities to provide for costs in connection with the work not otherwise included therein. The total amount for each provisional item has been estimated and entered in the Bill of Quantities by the Employer, and shall be retained by the bidder without alteration or quantification. Such amounts are by definition provisional sums and shall be expended, either wholly or in part, only under the consent of the Employer's representative.

29.4 The contractor's rates and prices entered in the Bill of Quantities shall be inclusive of all taxes and duties payable and as per rules of the Provincial Governments and Federal Government of Pakistan. Import license fees, octroi, corporate tax, income tax, super tax and excise duties etc. shall all be included in the rates and prices provided in the contract price.


29.5 The unit rates entered in the Bill of Quantities corrected and the lump sum amounts (if any) entered in the Bill of Quantities shall be used as the basis by which payment due to the contractor shall be calculated and these shall be deemed to include all costs of performing the work, including income tax, super tax, and/or other duties and taxes, profits and costs of accepting the general risks, liabilities and obligations set forth or implied in the contract including prime costs. The unit rates entered shall be extended to show the total cost for each item. The total bid price shall be entered in the paragraph 1 of the bid. where discrepancy exists between the unit rates and the extended total costs, the unit rates entered in the original set of Bid Documents shall be taken as correct and the total amount adjusted accordingly. in the event of discrepancy between the unit rates expressed in figures and those expressed in words, the unit rates in words, expressed in the original set of bid documents shall be taken as correct and the total amount adjusted accordingly.

The prices quoted in the Bill of Quantities are the whole price inclusive of all contingent or necessary work needed in order to do and complete the work as prescribed by the contract and furthermore the whole cost of complying with the provisions of the contract shall be included in the items as provided in the priced Bill of Quantities. Where no items are provided in the Bill of Quantities for work required under the contract, costs shall be deemed to be distributed among the quoted rates and prices entered for other items of work in the Bill of Quantities.

30.0 Taxation

30.1 The prices bidded by the contractor shall include all the taxes, duties and other charges imposed outside the Employer's country on the production, manufacture, sale and transport of the equipment e.g. contractor's equipment, materials, vehicles, and supplies to be used or furnished under the contract, and on the services performed under the contract.

30.2 The prices bidden by the contractor shall include import license fees custom duties, import and excise duties, business taxes, sales taxes, income taxes that may be levied according to the laws and regulations of the Provincial Governments and Federal Government of Pakistan on the equipment, contractor's equipment, materials, vehicles, supplies (both permanent, temporary and consumable) acquired for the purpose of the contract. Nothing in the contract shall relieve the contractor from his responsibilities to pay any tax, under the Government of Pakistan Laws and Income Tax Act, from his responsibility to pay any tax including the income tax, that may be levied in the Employer's country on incomes and profits received and made by him in respect of the contract, with absolutely no adjustment or compensation by the Employer.

30.3 The contractor's staff, personnel and labor will be liable to pay personal income tax in the Employer's country in respect of such of their salaries, wages and other incomes and benefits as are chargeable under the laws, regulations acts for the time being in force, and the contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations and acts.

31.0 Prebid Meeting

31.1 The bidder or his official representative is advised to attend a prebid meeting which will be convened at the office of the Employer.

31.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

31.3 The bidder is requested to submit any questions in writing or by cable to reach the Employer not later than one week before the meeting.

31.4 Minutes of the meeting including copies of the questions raised and responses given, will be furnished expeditiously to all those at tending the meeting (and subsequently to all purchasers of the Bidding Documents). Any modification of the Bidding Documents listed in Clause 10, which may become necessary as a result of the prebid meeting, shall be made by the Employer exclusively through the issuance of an Addendum pursuant to Clause 12, and not through the minutes of the prebid meeting.

32.0 Format and Signing of Bid/tt/file_convert/563db7d3550346aa9a8e49cc/document.doc

32.1 The original Bid Form together with the Appendix and accompanying; documents (as specified in Clause 17), clearly marked Original must be received by the Employer at the date, time and place specified pursuant to Clauses 32 and 34.

32.2 The original bid shall be typed, printed or written in indelible ink and shall be signed by the bidder or a person or persons duly authorized to sign on behalf of the bidder. Such authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the bid, except for unamended printed literature, shall be initialed by the person or persons signing the bid. The name and position held by each person signing must be typed or printed below the signature.

32.3 The bid shall contain no interlineation, erasures or overwriting except as necessary to correct errors made by the bidder. In which case such corrections shall be initialed by the person or persons signing the bid.

32.4 No bidder may participate in the bid of another for the Contract in any relation whatsoever.

SUBMISSION OF BID

33.0 Sealing and Marking of Bids

33.1 The bidders shall seal the bid in an inner and an outer envelope, duly marking the envelope "Original".

33.2 The inner and outer envelope shall

(a) be addressed to the Employer at the following address:

Executive Engineer C & W Department Mardan.

(b) Bear the address of the XEN C & W Department and the Words "Do Not Open Before Hours on

In addition to the information required in sub-clauses (a) and (b) above, the inner envelope shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared "Late" pursuant to Clause 34.

34.0 Deadline for Submission of Bids

34.1 The original bid must be received by the Employer at the address as specified in Clause 33.2, not later than hours on

34.2 The Employer may, at its discretion, extend the deadline for the submission of bids by amending the

Bidding Documents in accordance with Clause 11, in which case all rights and obligations of the Employer


and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

35.0 Late Bids

35.1 Any bid received by the Employer after the deadline for submission of bids prescribed by the Employer, pursuant to Clause 34, will be declared "Late" and rejected and returned unopened to the bidder.

36.0 Modification and Withdrawal of Bids

36.1 The bidder may modify or withdraw its bid after the bid's submission, provided that written notice of the modification or withdrawal is received by the Employer prior to the deadline prescribed for submission of bids.

36.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of Clause 32. A withdrawal notice may also be sent by telex or cable but must be followed by a signed confirmation copy.

36.3 No bid may be modified subsequent to the deadline for submission of bids.

36.4 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.

BID OPENING AND EVALUATION

37.0 Opening The Bids by Employer

37.1 To assist in the examination, evaluation and comparison of bids, the Employer may ask Bidders individually for clarification of their bids, including break downs of unit rates. The request for clarification and the response shall be in writing or by cables, but no change in the price or substance of a bid shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the Employer during the evaluation of the bid.

37.2 Prior to the detailed evaluation of bid, the Employer will determine whether each bid is substantially responsive to the requirements of the Bid Documents.

37.3 For the purpose of this clause, a substantially responsive bid is that which conforms to all terms, conditions and specifications of the Bid Documents without material deviation or reservation. A material deviation or reservation is that (a) which would affect in any substantial way the price, scope, quality, or performance of the work, or (b) which limits in any substantial way, inconsistent with the Bid Documents, the Employer's right or the Bid's obligations under the contract, and (c) acceptance or rectification of which would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

37.4 If a bid is not substantially responsive to the requirements of the Bids Documents, it will be rejected by the Employer, and shall not subsequently be made responsive by the bidder having corrected or withdrawn the non-conforming deviation or reservations.

37.5 Bids determined to be substantially responsive will be checked by the Employer for any arithmetical errors in computation and summation. Error will be corrected by the Employer as Follow:

a) When there is discrepancy between amounts in figures and in words, the amounts in words will govern:

b) Where there is discrepancy between the unit rate and the total amount derived from the multiplication of the unit rate and the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which even the total amount as quoted will govern and unit rate will be corrected.


37.6 The amount stated in the Form of Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and shall be considered as binding upon the Tenderer. If the Bidder does not accept the corrected amount of Tender his bid will be rejected and the bid Security will be forfeited.

37.7 The Employer will evaluate and compare only bids determined to be substantially responsive to the requirements of the bid Documents.

37.8 In evaluating bids, the Employer will determine for each bid the Evaluated bid price by adjusting the bid in accordance with Clause 37.5, 37.6.

37.0 RIGHT TO ACCEPT OR REJECT VARIATIONS, DEVIATIONS, ALTERNATIVE OFFERS

The Employer reserves the right to accept or reject any variation, deviation or alternative offer. Variation, deviations, alternative offers and other factors, which are in excess of the requirement of the bid document or otherwise results in the achievement of unsolicited benefits to the Employer should not be taken in account in bid evaluation.

37.10 Exclusion of Price Adjustment Provisions In Tender Evaluation

Price adjustment provision applying to the period of the execution of the contract shall not be taken into account in bid evaluation.

37.11 Unbalanced Tender

If the Employer considers that the bid of the successful bidder is seriously unbalanced in relation to the Engineer's Estimate of the real cost of work to be performed under the contract, the employer may require that the amount of the performance security set forth in clause I-22 be increased at the expense of the successful bidder to a level sufficient to protect the employer against financial laws in the event of the subsequent default of the successful bidder under the contract.

38.0 Clarification of Bids

38.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at its discretion, ask the bidder for a clarification of its bid. All responses to request for clarification shall be in writing, offered or permitted.

39.0 Preliminary Examination

39.1 The Employer will examine the bids to determine whether they 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.

39.2 Arithmetical errors will be rectified on the following basis. If obtained by multiplying the unit rate and quantity, the unit rate shall prevail and the total cost will be corrected unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit rate corrected. If there is a discrepancy between the total bid amount and the sum of total costs, the sum of the total costs shall prevail and the total bid amount will be corrected.

39.3 Prior to the detailed evaluation, pursuant to Clause 37, the Employer will determine the substantial responsiveness of each bid to the Bidding Documents. A substantially responsive bid is one which conforms to the terms and conditions of the Bidding Documents without material deviation.

39.4 Deleted


40.0 Conversion to Single Currency

40.1 To facilitate evaluation and comparison, the bidders should submit their bids in Pakistan Rupees.

41.0 Contacting the Employer

41.1 Subject to Clause 38, no bidder shall contact the Employer on any matter relating to its bid from the time of bid opening to the time the Contract is awarded.

41.2 Any effort by a bidder to influence the Employer in the Employer's decisions in respect of bid evaluation or Contract award will result in the rejection of that bidder's bid.

42.0 Employer's Right to Accept Any Bid and to Reject Any or All bids.

42.1 The Employer reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer's action.

AWARD OF CONTRACT

43.0

43.1 The Employer will determine to its satisfaction whether the bidder selected as having submitted the lowest-evaluated responsive bid is qualified to perform satisfactorily the Contract.

43.2 The determination will take into account the bidder's financial and technical capabilities, as well as such other qualifications as the Employer deems necessary and appropriate.

43.3 Notwithstanding subclause (i) hereof, the Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidders or bidders or any obligation to inform the affected Bidders of the grounds for the Employer's decision.

43.4 The Employer will notify the successful bidder in writing by registered letter, or by cable or telex to be confirmed in writing by registered letter, that its bid has been accepted and on which basis the bid has been accepted. This letter (hereinafter and in the conditions of contract called "Letter of Acceptance"), shall name the sum which the Employer will pay to the contractor in consideration of the execution, completion, defects liability and maintenance of the work by the contractor as prescribed by the contract (hereinafter and in the conditions of contract called the "the Contract Price"). The Letter of Acceptance will constitute the formation of the contract.

43.5 Upon the furnishing by the successful Bidder of a performance security in accordance with the aforementioned clause regarding the Performance Security, the Employer will promptly notify the unsuccessful bidders.

43.6 At the time of Letter of Acceptance, the Employer will send the successful bidder the Form of Agreement provided in these Bidding Documents. Incorporating all agreements between the parties.

43.7 Within ten (10) days of receipt of such Form of Agreement, the successful bidder shall sign and date the Agreement and return it to the Employer.


44.0 Performance Security

44.1 Within thirty (30) days of the receipt of notification of award from the Employer, the successful bidder shall furnish the performance security. In accordance with the Conditions of Contract. In the Performance Security Form provided in the Bidding Documents or another form acceptable to the Employer.

45.0 Acquisition of Land and Relocation of Utilities

45.1 The acquisition of land within the Right of Way and the relocation of utilities from the Right of Way shall be the Employer's responsibility and in order to allow commencement and execution of the work on site in accordance with a programme by the Engineer sufficient "Right of Way" shall be handed over to the Contractor clear of all encumbrances.

47.0 Technical Design Alternatives

47.1 Bidder wishing to offer an unsolicited technical alternative to the requirements of the Bid Documents must first price the basic technical requirements of the Bid Documents and shall at his own expense further provide all information necessary for a complete evaluation of the alternative by the Employer, including design calculations, technical specifications, break down of price, proposed construction methodology and other relevant details. Bidders may be requested to have their proposed alternative designs vetted by a consultant or by a panel of consultants approved by the Employer. The cost of vetting of the design shall be paid by the contractor.


FORM OF AGREEMENT

THIS AGREEMENT is made on the ________________ day of ____________ 20_______ between The Executive Engineer C & W Department Mardan (hereinafter called "the Employer") of the one part, and (Name of Contractor)________________________________________________________________of Mailing Address of Contractor ________________________________________________ (hereinafter called "the Contractor") of the other part.

WHEREAS the Employer is desirous that certain Works should be executed.

viz (Brief Description of Works) Construction of RCC Bridge on Minor No. 6 RD No. 40837 at Sarki Titara-Marwandi and Haji Gul Killi Bridge Union Council Behlola and has by letter of Acceptance dated ______________________ accepted a bid by the Contractor for the execution, completion and maintenance of such works, now THIS AGREEMENT WITNESSETH as follows:

1 In this Agreement words and expressions shall have the same meanings as are respectivelyassigned to them in the Contract hereinafter referred to.

2 The Contract shall consist of this Form of Agreement, and the following documents, all ofwhich by this reference are incorporated herein and made part hereof:

a) The Letter of Acceptance:b) The Bid and Appendix to the Bid;c) The Technical Specification and Special provisions;d) The priced Bill of Quantities:e) The Drawings:f) The Work Schedule;g) The Schedule of Supplementary information;h) The Conditions of Contract.i) The Instructions to Bidders; andj) The Scope of Work

3 The aforesaid documents shall be taken as complementary and mutually explanatory of one another, but in the case of ambiguities or discrepancies precedence shall be taken in the order set out above.

4 In consideration of the payment to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby convents with the Employer to execute complete and maintain the Works in conformity in all respects with the provisions of the Contract.

5 The Employer hereby convents to pay the Contractor in consideration of the execution, completion and maintenance of the Works/the Contract Price/ in at the time and in the manner of the Contract.

IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals) the day and year first above written.


SIGNED, SEALED AND DELIVERED.

By the said By the said

NAME NAME

on behalf of the Contractor on behalf of the EmployerIn the presence of; In the presence of;

Name Name

Address Address


Appendix A

APPENDIX TO BID FORM

Conditions of Contract Clauses

Amount of Performance Security 10 Minimum of Ten Percent (10 %) of Contract PriceBond or Bank Guarantee *

Minimum amount of Third Party 23 Rs. 500,000 per occurrence, number of occurrenceInsurance unlimited.

Period for commencement, from 41 30 Calendar daysEngineer's order to commence

Time for completion 43 150 Calendar Days.

Amount of Liquidated Damages 47 Rs. 25,000 per calendar day with the maximum of total amount of Ten percent (10 %) of contract price.

Defect Liability Period 49 365 days after certified completion of the works.

Percentage of retention 60(3)(a) 10 % of Gross interim Certificate

Limit of retention Money 60(3)(a) (10) 5 % of Contract Price.

Minimum Amount of interim 60(i)(c) Deleted.Certificate

Time within which payment to be Within 56 days after the Engineer’s receipt of the monthly statement pursuant to Clause 60 (1)

* To be entered by the Bidder./tt/file_convert/563db7d3550346aa9a8e49cc/document.doc

Appendix - B

APPENDIX - B TO BID

SCHEDULE OF SPECIFIED MATERIALS

No Material Basic Price (Rs.) Unit Ex-Factory

1 Portland Cement Per Ton

2 Steel Reinforcement Per Ton

3 Bituman Grade 60/70 Per Ton (National Refinery)

These rates are inclusive of excise tax.


Appendix - B (1)

LIST OF EQUIPMENT AVAILABLE

FOR

THIS PROJECT

(Earthwork\Pavement\Structures\Other)

Item Nos Description Condition Year of Present Size/Capacity Manufacture Location

(Signature of Tenderer orHis Authorized Representative)


Appendix - B (2)

PROPOSED SITE ORGANIZATION

A Preliminary Site Organization Chart.

B Narrative Description of Site Organization Chart

C Description of Relationship Between and Head Office and Site Office

Note:

a) Under C, above indicate clearly which responsibility and what authority have been delegated to site management.


Appendix C

FORM OF BANK GUARANTEE FOR MOBILIZATION ADVANCE

(On the Appropriate value Non – Judicial stamp paper of the Government of Pakistan). To,Name of Employer Address of Employer

Name of Contract

Gentlemen:

Whereas M/S. (hereinafter called “The Constractor”) has undertaken the construction of (hereinafter called “The Contract”);

And whereas it has been stipulated by you in Clause of the said contract to make an advance payment to the contractor which loan the contractor shall pay back to you in installments and that the contractor shall furnish you with a bank Guarantee by a recognized bank to guarantee this proper and faithfull performance under the said Clause of the Contract; Now therefore;

We the (Bank) , as instructed by the contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to (Name of Employer) on his first demant wihout whatsoever right of objection on ou part and without his first claim to the contractor, in the amount not exeeding (Amount of Guarantee) (in words) in the event that the obligations expressed in the said Clause of the above mentioned contract hve not been fulfilled by the contractor giving the reght of claim to the Employer for recoverey of the whole or part of the Advance Mobilzation Loan from the contractor udner the contract.

We further agree that no change or addition to or other modification of the term of the contract of or of works to be performed thereunder of of any of the contract documents which may be made between the employer and contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the data of payment of the Mobilization Advance under the contract until the Employer receives full repayment of the same amount from the contractor.

Yours truly,

SINGNATURE AND SEAL

Name of Bank

Address

Date


APPENDIX D

BID FORM AND APPENDIX

BID FORM

To

Gentlemen:

Having examined the Bidding Documents for the above Contract, including Drawings, Conditions of Contract, Specifications and Bill of Quantities, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to execute, complete and maintain the whole of the Works as described in, and in conformity with, the said Bidding Documents Including Addenda Nos ( ) for the sum of (Rs ) or such other sums as may ascertained in accordance with the Contract.

We undertake it our Bids is accepted, to commence the Works within (30) days, and to complete and deliver the Works in accordance with the Contract with in ( ) days, calculated from the data of commencement of the Works and in accordance with the Work Schedule provided in Section VIII.

If our Bid is accepted we will provide the performance security in the sum of (Rs ) in accordance with Clause 10 of the conditions of contract for the due performance of the Contract.

We agree to abide by this Bid for the period of (120) days from the date fixed for bid closing pursuant to Clause 24 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.

we attach the Appendix to the Bid Form duly completed and signed.

* Total bid price is to be inserted in words and figures by the bidders

Until a formal contract is prepared and executed, this Bid, together with your written acceptance thereof in your Notification of Award, shall constitute a binding contract between us.

We understand that you are not bound to accept the lowest price or any bid that you may receive.

Dated this day of 20

(Signature)

(In the Capacity of)

Duty Authorized to sign bid for and on behalf of


(Signature of Witness)

Witness

Address


Annexure - A

BID SECURITY FORM

WHEREAS

(Hereinafter called “The Bidder”) has submitted its bid dated for the construction

and complection of works, of the Employer (hereinafter called “the Bid”).

KNOW ALL MEN by these presents that WE of having registered office at (hereinafter called the “the Book”) are bound unto Employer’s Respresentative hereinafter called the Employer) in the sum of Rs.* For which payment well and truly to be made to the said Employer, the Bank binds itself, its successors and assigns, by these presents. Selected with the Common Seal of the Bank this day of , 20 .

THE CONDITIONS of this obligation are:

1 If the Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form; or

2 If the Bidder, having been notified of he acceptance of its Bid by the Employer during the period of Bid validity.

a) fails of refuses to executed the Contract Form, when requested, or

b) fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders.

We undertaken to pay to the Employer upto the above amount, according to and upon receipt of, its first written demand, without the Employer having to substantiate its demand, provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above stated conditions, specifying the occurred condition or conditions.

THIS GUARANTEE will remain in force up to and including thirty (30) days after period of Bid validity, and any demand in respect thereof should reach the Bank not later than such date.

Name of Bank

By (Authorized Representative)(Title)

(Signature of Witness)

Name of Witness

Address of Witness

* The Bidder should insert the amount of guarantee in words and figures./tt/file_convert/563db7d3550346aa9a8e49cc/document.doc

Annexure-B

PERFORMANCE SECURITY FORM

To: The Employer's Representative

WHEREAS , herewith called " the Contractor ". Has undertaken to construct and complete in pursuant in Contract No. Dated hereinafter called "the Contract ".

AND WHEREAS it has been stipulated by you in the Contract that the Contractor shall furnish you with a bank Guarantee by a recognized Bank for the Sum specified therein as security for compliance with the Contractor's Performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Contractor a Guarantee.

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Contractor, upto a total Sum of Rs. and we undertake to pay you, upon your first written demand declaring the Contractor to be indefault under the Contract, and without civil argument, any sum or sums as specified by you, within the limit 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.

This guarantee is valid until the day of 20

(Name of Guarantor)

By

(Authorized Representative)

Date:

Address:


TIME SCHEDULE

The Contractor shall prepare a detailed time schedule for the Execution of work and submit the same to the Employer alongwith the bid documents. The contractor shall be bound to submit a detailed list of machinery which shall be available for execution of the works and a detailed working method statement shall be also submitted alongwith the bid documents.

The Engineer shall check and amend the same if necessary accordingly with the requirements of the Employer. The Contractor shall accept and plan the work according to the revised schedule.

During execution of work the Contractor shall be bound to prepare a three weeks work programme and submit the same to the Engineer for approval and comments sufficiently in advance.


SCOPE OF WORK

The project consists of construction of RCC Bridge on Minor No. 6 RD No. 40837 at Sarki Titara–Marwandi and Haji Gul Killi Bridge Union Council Behlola.


BILL OF QUANTITIES

1 The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General and Special Conditions of Contract. Technical Specifications, Work Schedule and Drawings.

2 The quantities given in the Bill of Quantities are estimated and provisional, and are given to provide a common basis for bidding. The basis of payment will be the actual quantities of work ordered and carried out whatever the quantities may be (more or less) as measured by the Contractor and verified by the Engineer and valued at same rates as fixed in the original bill of quantities without any claim for increase in rates, of any such items.

3 The rates and prices tendered in the priced Bill of Quantities shall, except insofar as it is otherwise provided under the Contract, include all consturctional plant, labor, supervision, materials, erection, maintenance, insurance, profit, taxes and duties, together with all general risks, liabilities and obligations set out or implied in the Contract.

4 The rates and prices shall be quoted entirely in Pakistani Rupees.

5 A rate or price shall be entered against each item in the Bill of Quantities, whether quantities, are stated or not. The cost of Items against which the Contractor has failed to enter a rate or price shall be deemed to be covered by other rates and prices entered in the Bill of Quantities.

6 The whole cost of complying with the provisions of the Contract shall be included in the items provided in the priced Bill of Quantities, and where no Items are provided the cost shall be deemed to be distributed among the rates and prices entered for the related Items of Work.

7 General directions and descriptions of work and materials are not necessarily repeated or summarized in the Bill of Quantities. References to the relevant sections of the contract documentation shall be made before entering rates or prices against each item in the Bill of Quantities.

8 Provisional Sums included and so designated in the Bill of Quantities shall be expended in whole or in part at the direction and discretion of the Engineer in accordance with subclause 52 (4) and Clause 58 of Part 1 of the Conditions of Contract.

9 The method of measurement of completed work for payment shall be in accordance with Technical Specifications and special Provisions provided for the contract.

10 Errors will be corrected by the Employer for any arithmetic errors pursuant to Clause 29 of the Instructions to Bidders.


Cond- Of Contract Part-1 (210800)

Documents

prequalified bidders

prequalified eligible

delivery of bids

bidders introduction

sealed bids

tender documents

eligible materials

xen c w department charsadda