tender documents for em 307 13 motorways m 3

GOVERNMENT OF PAKISTAN
MINISTARY OF COMUNICATIONS
NATIONAL HIGHWAY AUTHORITY
Office of the General Manager (Motorways), Kallar Kahar, Chakwal
Pindi Bhattian - Faisalabad (Motorway) M-3
TENDER DOCUMENTS
FOR
EMERGENCY MAINTENANCE
Contract No. EM-307-13
Issued By:
General Manager
Or
Director
Issued to M/s
Acct. Recpt. No./Date
HIGHWAY AUTHORIT
Office of General Manager (Motorways
Motorway Service Area (North Bound) M-2
Kallar Kahar Distt. Chakawal.
Tel No.0543-588129 Fax-0543-588196
CONTRACT SUMMARY
Name of Work
Route
Location
Contract No.
Estimated Cost
Bid Security
Date of Opening
Completion Time
Defect Liability Period
Detail of CDR
Repair of Colorful Reflective Decorative
Panel, Steel Triangle and Text Word at
Arch Bridge
M-3
Km at km 115 on M-3
EM-307-13
Rs. 1,156,525/2% of Estimated Cost
22-08-2013
One (01) Month
Six (06) Months
No.
Date
Bank
Amount
Signature of Bidder
TABLE OF CONTENTS
A.
1--
GEN"RAL
Scope 01.13 id
One Bid per Bidder
Cost of Bidding....
Site Visit
13.
BIDDING DOCUMENTS
113.5
Contents of Bidding Documents
113.6
Clarification of Bidding Documents
113.7
Amendment of Bidding Documents
C.
PREPARATION OF BIDS
113.8
Language of 13id
113.9
Documents Accompanying the Bid
113.10
Bid Prices
4•
4
4
4
4
4
4
5
5
5
6
6
113.1
113.2
113.3
113.4
111.11
113.12
7
7
X
Bid Validity
Bid Security
113.13
Format and Signing of 13 id
St 113MISSION OF BIDS
113.14 . Scaling and Marking of Bids
113.15
Deadline for Submission of Bids
111.16
Late Bids
113.17
Withdrawal of Bids
L.
131D OPENING AND EVALUATION
113.18
Bid Opening
113.19
Process to be Confidential
113.20
(.1arilleation of Bids
113.21
Examination of Bids and Determination of Responsiveness
113.22
Correction of Errors
113.23
Evaluation and Comparison of Bids
F.
A WAIM OF CONTRACT
8
9
9
I/
V
e.
7
(„,
e
113.24
113.25
iv
113.26
111.27
113.28
113.29
113.30
113.31
Award
Employer's Right to Accept any Bid and to Reject any or all Bids
113.33
I\ oti fication of Award
P,Tlimnance Security
*lung of Contract Agreement
General Performance of the Bidders
li-kegrity Pact
hlstructions not Part of Contract
Vlariafion
Construct the work.
113.34
113.35
113.36
Employer's Risk
Cimtractor's Risk
Insurance
113 37
Safety
113 38
III 39
113 40
113 41
113 42
Bill of Quantities
Disputes
ENIension Completion data
Early Warning
Quality Control
113.32
9
10
10
10
10
11
1
I1
12
12
13
13
13
13
11 I.
Li14
14
14
11
14
14
14
14
15
16
16
16
16
16
1
Of,
113 43
113 44
113 45
113 46
113 46.2
113 47
Correction Defects
Termination
Payment upon Termination
Default
Default by Employer
Liquidated Damage~
17
17
18
18
18
19
BIDDING DATA
20
FORM 01:131D
4.;
SPEC1A1, STIPULATIONS Clause Conditions or Contract
1311,1,01:QUANTITIES
PROPOSED CO STRUCT1ON SCHEDULE
MEM IOD OF P - RFORMING THE WORK
integrity Form
FORMS
Letter of accepta ice
Agreement Form
Performance Bo! d
Bank Guarantee
24
26
26
26
28
28
30
32
33
2
INSTRUCTIONS
TO
BIDDER
INSTRUCTIONS TO BIDDERS
A.
GENERAL
IB.1 Scope of Bid
1.1
1.2
The Employer as defined in the Bidding Data hereinafter called the
Employer" wishes to receive bids for the construction and completion of
works as described in these Bidding Documents, and summarized in the
Bidding Data hereinafter referred to as the "Works".
The successful bidder will be expected to complete the Works within the
time specified in Appendix-A to Bid.
IB.2 Bidding.
2.1
In case of more than one tender, each bidder shall be entitled to win only
one contract. After declaring the lowest in any tender, other tender/tenders
of the same bidder shall not opened. Tender opening shall be according to
the list of NIT.
IB.3
3.1
IB.4
Cost of Bidding
The bidders shall bear all costs associated with the preparation and
submission of their respective hids and the Employer will in no case be
responsible or liable for those ousts, regardless of the conduct or outcome
of the bidding process.
Site Visit
4.1 The bidders are advised to visit and examine the Site of Works and its
surroundings and obtain for themselves on their own responsibility all
information that may be necessary for preparing the bid and entering into a
contract for construction of the Works. All cost in this respect shall be at the
hidder s own expense.
4.2 The bidders and any of their personnel or agents will be granted permission
by the Employer to enter upon his premises and lands for the purpose of
such I, ispection, but only upon the express condition that the bidders, their
personnel and agents, will release and indemnify the Employer, his
personnel and agents from and against all liability in respect thereof and willbe responsible for death or personal injury, loss of or damage to property
and any other loss, damage, costs and expenses incurred as a result of such
inspection.
B.
113.5
BIDDING DOCUMENTS
C0111001s 01 131(1(ling Docwlionls
5.1 The Bidding Documents, in addition to invitation for bids, are those stated
below and should be read in conjunction with any Addenda issued in
accordance with Clause 18.7.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Instructions to Bidders.
Bidding Data.
General Conditions of Contract,
Particular Conditions of Contract,
Specifications — Special Provisions.
Specifications - Technical Provisions.
Form of Bid
Bill of Quantities •
Form of Bid Security.
Form of Contract Agreement.
Forms of Performance Je Kity.
Drawings.
Addendum if any.
5.2 The bidders are expected to examine carefully the contents of all the above
documents. Failure to comply with the requirements of bid submission will
be at the Bidders own risk. Pursuant to Clause IB.21, bids which are not
substantially responsive to the requirements of the Bidding Documents will
be rejected.
1B.6 Cieirification of Bidding Documents
6.1 Any prospective bidder requiring any clarification (s) in respect of the
Biddin, Documents may notify the Employer in writing at the Employer's
address indicated in the Invitation for Bids. The Employer will respond to
any request for clarification which he receives earlier prior to the deadline
for submission of bids.
Copies of the Employer's response will be forwarded to all purchasers of the
Bidding Documents, including a description of the enquiry but without
identifying its source.
IB.7 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Employer may,
for any reason, whether at his own initiative or in response to a clarification
requested by a prospective bidder, modify the Bidding Documents by
issuing addendum.
7.2 Any addendum thus issued shall be part of the Bidding Documents pursuant
to Sub-Clause 7.1 hereof and shall be communicated in writing to all
purchasers of the Bidding Documents. Prospective bidders shall
acknowledge receipt of each addendum in writing to the Employer.
7.3 To afford prospective bidders reasonable time in which to take an
addendum into account in preparing their bids, the Employer may extend
the deadline for submission of bids in accordance with Clause 1B.15
C.
4
PREPARATION OF BIDS
18.8 Language of Bid
8.1.1 The bid and all correspondence and documents related to the bid
exchanged by a bidder and the Employer shall be in the bid language
stipulated in the Bidding Data and Particular Conditions of Contract.
Supporting documents and printed literature furnished by the bidders may
be in any other language provided the same are accompanied by an
accurate, translation of the relevant parts in the bid language, in which case,
for purposes of evaluation of the bid, the translation in bid language shall
prevail.
IB.9 Documents Accompanying the Bid
9.1
Each bidder shall:
(a)
9.2
update the information indicated and listed in the Bidding Data and
previously submitted with the application for prequalification, and
continue to meet the minimum criteria set out in the prequalification
documents which as a minimum.
Bids submitted by a joint venture of two (2) or more firms shall comply
with the following requirements:
(a)
(b)
(c)
The bid and in case of a successful bid, the Form of Contract
Agreement shall be signed so as to be legally binding on all
partners;
one of the joint venture partners shall be nominated as being in
charge; and this authorization shall be evidenced by submitting a
power of attorney signed by legally authorized signatories of all the
joint venture partners;
The partner-in-charge shall always be duly authorized to deal with
the
Employer regarding all matters related with and/or incidental
to the execution of Works as per the terms and Conditions of
Contract and in this regard to incur any and all liabilities, receive
instructions, give binding undertakings and receive payments on
behalf of the joint venture;
(d)
(e)
All partners of the joint venture shall at all times and under all
circumstances be liable jointly and severally for the execution of the.
Contract in accordance with the Contract terms and a statement to
this effect shall be included in the authorization mentioned under
Sub-Para(b) above as well as in the Form of Bid and in the Form of
Contract Agreement (in case of a successful bid); and
A copy of the agreement entered into by the joint venture partners
shall be submitted with the bid stating 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
5
of the several firms forming the joint venture, and any other
information necessary to permit a full appraisal of its functioning. No
amendments / modifications whatsoever in the joint venture
agreement shall be agreed to between the joint venture partner
without prior written consent of the Employer.
9.3 If required, bidders shall also submit proposals of work methods and
schedule, in sufficient detail to demonstrate the adequacy of the Bidders
proposals to meet the technical specifications and the completion time
referred to in Sub-Clause 1.2 hereof.
IBA° Bid Prices
10.1
Unless stated otherwise in the Bidding Documents, the Contract shall be
for the whole of the Works as described in Sub-Clause 1.1 hereof, based
on the unit rates and / or prices s;ibmitted by the bidder. Unit rate shall be
in round figures not in pasas.
10.2 The bidders shall fill in rates and prices for all items of the Works described
in the Bill of Quantities. Items lg 'nst which no rate or price is entered by a
bidder will not be paid for by the Employer when executed and shall be
deemed covered by rates and prices for other items in the Bill of Quantities.
10.3 All duties, taxes and other levies payable by the Contractor under the
Contract, or for any other cause, as on the date 28 days prior to the
deadline for submission of bids shall be included in the rates and prices
and the total Bid Price submitted by a bidder.
Additional / reduced duties, taxes and levies due to subsequent additions
or changes in legislation shall be reimbursed / deducted as per Sub-Clause
6.1 of the General Conditions of Contract Part-I.
10.4 The ites and prices quoted by the bidders are subject to adjustment
during the performance of the Contract in accordance with the provisions of
Clause 6 of the Conditions of Contract. The bidders shall furnish the
prescribed information for the price adjustment formulae in Appendix-B to
Bid, and shall :submit with their bids such other supporting information as
required under the said Clause.
18.11 Bid Validity
11.1 Bids shall remain valid for the period stipulated in the Bidding Data after the
Date of Bid Opening specified in Clause IB.18.
:, In (!xcopholl.il
piloi to eXpliy of tho onginal bid validity
period, the Employer may request that the bidders extend the period of
validity for a specified additional period which shall in no case be more than
the original bid validity period. The request and the responses thereto shall
be made in writing. A bidder may refuse the request without forfeiting his
Bid Security. A bidder agreeing to the request wilt not be required or
permitted to modify his bid, but will be required to extend the validity of his
6
Bid Security for the period of the extension, and in compliance with Clause
I B.12 in all respects.
16.12 Bid security
12.1 Each bidder shall furnish, as part of his bid, a Bid Security in the amount
stipulated in the Bidding Data in Pak Rupees or an equivalent amount in a
freely convertible currency.
12.2 The Bid Security shall be, at the option of the bidder, in the form of Deposit
at Call or a Bank Guarantee issued by a Scheduled Bank in favour of the
Employer valid for a period 28 days beyond the Bid Validity date.
12.3 Any bid not accompanied by an acceptable Bid Security shall be rejected by
the Employer as non-responsive.
12.4 The bid securities of unsuccessful bidders will be returned as promptly as
possible, but not later than 28 days after the expiration of the period of Bid
Validity.
12.5 The Bid Security of the successful bidder will be returned when the bidder
has furnished the required Performance Security and signed the Contract
Agreement.
12.6 The Bid Security may be forfeited:
(a)
(b)
if the bidder withdraws his bid
if the bidder does not accept the correction of his Bid Price
pursuant to Sub-Clause 22.2 hereof; or
(c)
In the case of successful bidder, if he fails within the specified
time limit to:
(i)
furnish the required Performance Security; or
(ii)
Sign the Contract Agreement.
18.13 Format and Signing of Bid
13.1 Bidders are particularly directed that the amount entered on the Form of Bid
shall be for performing the Contract strictly in accordance with the Bidding
Documents.
13.2 All appendices to Bid are to be properly completed and signed,
13.3 No alteration is to be made in the Form of Bid nor in the Appendices thereto
except in filling up the blanks as directed. If any such alterations be made or
if these instructions be not fully complied with, the bid may be rejected.
13'1
Tach bidder shall prepare by filling out the forms completely and without
alterations.
13.5 The bid shall be typed or written in indelible ink, and shall be signed by a
7
person or persons duly autt- )r:
to sign on behalf of the bidder pursuant
to Sub- Clause 9.1(a) hereof. All pages of the bid shall be initialed and
stamped by the person or persons signing the bid.
13.6 The bid shall contain no alterations, omissions or additions, except to
comply with instructions issued by the Employer, or as are necessary to
correct errors made by the bidder, in which case such corrections shall be
initialed by the person or persons signing the bid.
13.7 Bidders shall indicate in the space provided in the Form of Bid their full and
proper addresses at which notices may be legally served on them and to
which all correspondence in connection with their bids and the Contract is
to be sent.
13.8 Bidders should retain a copy of the Bidding Documents as their file copy.
D.
SUBMISSION OF BIDS
8.14 Sealing and Marking of Bids
14.1
Each bidder shall submit his bid as under:
(a)
Bid shall be separately sealed and put in separate envelopes
and marked as such.
1(b)
The envelopes containing the tender will be put in one sealed
envelope and addressed / identified as given in Sub- Clause
14.2 hereof.
14.2 The inner and outer envelopes shall:
(a)
be addressed to the Employer at the address provided in the
Bidding Data;
(b)
bear the name and identification number of the contract as
defined in the Bidding Data with contract No.
(c)
Provide a warning not to open before the time and date for bid
opening, as specified in the Bidding Data.
14.3 In addition to the identification required in Sub- Clause 14.2 hereof, 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 IB.16
14.4 If the outer envelope is not sealed and marked as above, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
IB.15 Deadline for Submission of Bids
15.1
(a) Bids must be received by the Employer at the address
specified no later than the time and date stipulated in the
Bidding Data.
(b)
Bids with charges payable will not be accepted, nor will
arrangements be undertaken to collect the bids from any
8
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 a bid is by mail and the bidder wishes to
receive an acknowledgment of receipt of such bid, he shall__
make a request for such acknowledgment in a separate letter
attached to but not included in the sealed bid package.
(d)
Upon request, acknowledgment of receipt of bids will be
provided to those making delivery in person or by messenger.
15.2 The Employer may, at his discretion, extend the deadline for submission of
bids by issuing an amendment in accordance with Clause 1B.7, in which
case all rights and obligations of the Employer and the bidders previously
subject to the original deadline will thereafter be subject to the deadline as
extended.
16.16 Late Bids
16.1
(a)
(b)
Any bid received by the Employer after the deadline for
submission of bids prescribed in Clause IB.15 will be returned
unopened to such bidder,
Delays in the mail, calays of person in transit, or delivery of a
bid to the wrong office shall not be accepted as an excuse for
failure to deliver a bid at the proper place and time. It shall be
the bidders responsibility to determine the manner in which
timely delivery of hi- bid will be accomplished either in person,
by messenger or by mail.
16.17 Withdrawal of Bids
17.1 Withdrawal of a bid during the interval between the deadline for submission
of bids and the expiration of the period of bid validity specified in the Form
of Bid may result in forfeiture of the Bid Security in pursuance to Clause
1B.12.
E.
F-SID OPENING AND EVALUATION
113.18 Bid Opening
18.1 The Employer will open the bids, including withdrawals, made pursuant to
Clause IB.17, in the presence of bidders' representatives who choose to
attend, at the time, date and location stipulated in the Bidding Data. The
bidders' representatives who are present shall sign a register evidencing
their attendance.
18.2 The bidder's name, total Bid Price and price of any Alternate Proposal(s),
any discounts, bid modifications, substitution and withdrawals, the presence
9
or absence of Bid Security, and such other details as the Employer may
consider appropriate, will be announced by the Employer at the opening of
bids.
18.3
Employer shall make record of the bid opening, including the information
disclosed to those present in accordance with the Sub-Clause 18.2.
1B.19 Proces..; to be Confidential
19.1 Information relating to the examination, clarification, evaluation and
comparison of bid and recommendations for the award of a contract shall
no be disclosed to bidders or any other person not officially concerned with
such process before the announcement of bid evaluation report which shall
be done at least five (05) days prior to issue of Letter of Acceptance. The
announcement to all Bidders will include table(s) comprising read out
prices, discounted prices, price adjustments made, final evaluated prices
and recommendations against all the bids evaluated. Any effort by a bidder
to influence the Employer's processing of bids or award decisions may
result in the rejection of such bidder's bid. Whereas any bidder feeling
aggrieved may lodge a written complaint not later than five (05) days after
the announcement of the bid evaluation report; however mere fact of
lodging a complaint shall not warrant suspension of the procurement
process.
lB.20 Clarification of Bids
20.1 To assist in the examination, evaluation and comparison of bids, the
Employer may, at his discretion, ask any bidder for clarification of his bid,
including breakdowns of unit rates. The request for clarification and the
response shall be in writing but no change in the price or substance of the
bid shall be sought, offered or permitted except as required to confirm the
correction of arithmetic errors discovered by the Employer in the evaluation
of the bids in accordance with Clause IB.23.
IB.21 Examination of Bids and Determination of Responsiveness
21.1 Prior to the detailed evaluation of bids, the Employer will determine whether
each bid is substantially responsive to the requirements of the Bidding
Documents.
21.2 A substantially respc nsive bid is one which (i) meets the eligibility criteria;
(ii) has been prope ly signed; (iii) is accompanied by the required Bid
Security; and (iv) conforms to all the terms, conditions and specifications 0:1—
the Bidding Documents, without material deviation or reservation. / „ material deviation or reservation is one (i) which affect in any substantial
way the scope, quality or performance of the Works; (ii) which limits in any
substantial way, inconsistent with the Bidding Documents, the Employer's
rights or the bidder's obligations under the Contract; or (iii)
adoption/rectification whereof would affect unfairly the competitive position
of other bidders presenting substantially responsive bids.
21.3
If a bid is not substantially responsive, it will be rejected by the Employer,
10
and may not subsequently be made responsive by correction or withdrawal
of the non-conforming deviation or reservation.
IB.22 Correction of Errors
22.1 Bids determined to be substantially responsive will be checked by the
Employer for any arithmetic errors. Errors will be corrected by the Employer
as follows:
(a)
where there is a discrepancy between the amounts in figures
and in words, the amount in words will govern; and
(b)
where there is a discrepancy between the unit rate and the
line item total resulting from multiplying the unit rate by the
quantity, the unit rate as quoted will govern, unless in the
opinion of the Employer there is an obviously gross
misplacement of the decimal point in the unit rate, in which
case the line item total as quoted will govern and the unit rate
will be corrected.
22.2 The amount stated in the Form of Bid will be adjusted by the Employer in
accordance with the above procedure for the correction of errors and with
the concurrence of the bidder, shall be considered as binding upon the
bidder. If the bidder does not accept the corrected Bid Price, his Bid
will be rejected, and the Bid Security shall be forfeited in accordance
with Sub- Clause 12.6(b) hereof.
18.23 Evaluation and Comparison of Bids
23.1 The Employer will evaluate and compare only the Bids determined to be
substantially responsive in accordance with Clause IB.21.
23.2 In evaluating the Bids, the Employer will determine for each Bid the
evaluated Bid Price by adjusting the Bid Price as follows:
(a)
making any correction for errors pursuant to Clause IB.22;
(b)
making an appropriate adjustment for any other acceptable
variation or
deviation.
23.3 The estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not be
taken into account in Bid evaluation.
23.4 If the Bid of the successful bidder is seriously unbalanced in relation to the
Employer's estimate of the cost of work to be performed under the
Contract, the Employer may require the bidder to produce detailed price
analyses for any or all items of the Bill of Quantities to demonstrate the
internal consistency of those prices with the construction methods and
schedule proposed. After evaluation of the price analyses, the Employer
may require that the amount of the Performance Security set forth in
Clause B.27 be increased at the expense of the successful bidder to a
level sufficient to protect the Employer against financial loss in the event of
default of the successful bidder urier the Contract.
I1
F
1B 24
AWARD Cy CnNTRArT
vi rd
24.1 Subject to Clauses 18.25 and IB.2G, the Employer will award the Contract to the bidder
whose bid has been determine to be substantially responsive to the Bidding Documents
and who has offer the lowest evaluated Bid Price, provided that such bidder has been
determine to be qualified.
Pursuant to Sub-Clause 1324.2.
24.2- The Employer, at any stage of the Bid evaluation, having credible reasons for or prima
facie evidence of any defect in supplier's or Contractor's capacities, may require the
suppliers or contractors to provide information concerning their professional, technical,
financial, legal or managerial competence whether already pre-qualified or not:
Provided that such qualification shall only be laid down after recording reasons therefore
in writing. They shall form part of the records of that bid evaluation report.
IB.25 Employer's Right to Accept any Bid and to Reject any or all Bids.
25.1 Notwithstanding Clause IB.25, the Employer's reserves the right to accept or-reject any
Bid, and to annual 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 any obligation
except that the, grounds for rejection of all bids shall upon request be communicated to
any bidder whO submitted a bid, without justification of grounds. Rejection of all bids
shall be notified to all bidders promptly. The Contract Document downloaded from NHA
Web Site will be attested by the Director (Maintenance), Motorways prior to participation
in Bid and Bid Opening alongwith PEC Document, PQ Document of Motorways Region .
12.26 Notification of Award
26.1 'Prior to expiration of the period of bid validity prescribed by the Employer, the Employer
MI notify the successful bidder in writing ("Letter of AcCeptance") that his Bid has been
accepted. This letter shall name the sum which the Employer will pay the contractor in
consideration of the execution and completion of the Works by the contractor as
prescribed by the Contract (Hereinafter and in the Conditions of Contract called the
"Contract Price").
26.2 No negotiation with the Bidder having evaluated as lowest responsive or any other
Bidder shall be permitted, however, Employer may have clarification meetings to get
clarify any item in the Bid Evaluation Report.
26.3 The Notification of Award and its acceptance by the Bidder will constitute the formation
of the Contract, binding the Employer and the Bidder till signing of the formal Contract
Agreement.
26.4 Upon furnishing by the successful bidder of a Performance Security, the Employer will
promptly notify the other Bidders that their Bids have been un-successful and return their
Bid Securities.
12
113.27 Performance Security
27.1 The successful bidder shall furnish to the Employer a Performance Security
in the form and the amount stipulated in the Bidding Data and the
Conditions of Contract within a period of 15 days after the receipt of Letter
of AOceptance.
27.2 Failure of the successful bidder to comply with the requirements of SubClause IB.27.1 or Clauses IB.28 or lB.30 shall constitute sufficient grounds
for the annulment of the award and forfeiture of the Bid Security.
IB.28 Signing of Contract Agreement
28.1 Within 14 days from the date of furnishing of acceptable Performance
Security under the Conditions of Contract, the Employer will send the
successful bidder the Contract Agreement in the form provided in the
Bidding Documents, incorporating all agreements between the parties.
28.2 The formal Agreement between the Employer and the successful bidder
shall be executed within 14 days of the receipt of the Contract Agreement
by the successful bidder from the Employer.
IB.29 General Performance of the Bidders
29.1 The Employer reserves the right to obtain information regarding
performance of the bidders on their previously awarded contracts/works.
The Employer may in case of consistent poor performance of any Bidder as
reported by the employers of the previously awarded contracts, interalia,
reject his bid and/or refer the case to the Pakistan Engineering Council
(PEC). Upon such reference, PEC in accordance with its rules, procedure and relevant laws of the land take such action as may be deeme
appropriate under the circumstances of the case including black listing of
such Bidder and debarring him from participation in future bidding for similar
works.
18.30 Integrity Pact
30.1 The Bidder shall sign and stamp the Integrity Pact provided at Appendix-F
to Bid in the Bidding Documents for all Federal Government procurement
contracts exceeding Rupees ten million. Failure to provide such Integrity
Pact shall make the bidder non-responsive.
18.31 Instructions not Part of Contract
31.1 Bids shall be prepared and submitted in accordance with these Instructions
which are provided to assist bidders in preparing their bids, and do not
constitute part of the Bid or the Contract Documents.
IB .32 Variations
32.1
All variations shall be subject to the prior approval of the Employer and shall be
included in updated programs produced by the contractor.
13
32.2 In case of emergency, the variations for a amount not exceeding the limit defined
in contract data.
32.3
If contractor's submitted variation is unreasonable, the Dir. (Maint) to decide the
variation and shall make the changes subject to the site requirement.
IB.33 Contractor to Construct the Work.
33.1. The contractor shall construct and execute the works in accordance with the NHA
Specifications and drawing.
IB.34 Employer's Risks
34.1 From the start date until the Defect liability Certificate has been issued, the
following are Employer's risk:
a) war, hostililies (where war be declared or not) invasion, act of
foreign ene vies,
b) rebellion, revolution, or military or usurped poser, or civil war,
c) ionizing radiation, or contamination by radio activity from any
nuclear waste from the combustion of nuclear fuel, radio-active
toxic explosive, or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof,
d) pressure waves caused aircraft or other aerial devices travelling
at sonic or supersonic speed.
e) Riot, commotion or disorder unless solely restricted to employees
of the contractor or of his Subcontractors and arising from the
conduct of the works.
f) Loss or damage due to the use or occupation by the Employer of
any section of part of the permanent work, except as may be
provided for in the contract.
g) Any operation of the forces of nature against which an
experienced contractor could not reasonably have been expected
to take precautions.
IB 35 Contractor's Risk
35.1 From the starting Date until Defect Liability Certificate has been issued, the
risk of personal injury, death and of or damage to property (including,
without limitation, the works, plant, materials and equipment) which are not
Employer's risk are Contractor's r:sks. •
IB 36 Insurance
36.1 The Contractor shall, without limiting his or the Employer's obligations and
responsibilities insure:
a)
The work together with materials and Plant for incorporation
therein, to the full replacement cost.
b)
Loss or damage including professional fees and the cost of
demolishing and removing any part of the works and of
removing debris of whatsoever nature.
c)
The contractor's machinery, equipment brought at site, of a
sum sufficient to provide for their replacement at the site.
14
d)
Any loss or damage from start of the project till the completion
of defect liability period for any section or the part thereof.
36.2 The insurance shall be no obligation for the insurances in clause 36.1 to
include loss or damage caused by:
a) war, hostilities (where war be declared or not) invasion, act of
foreign enemies,
b) rebellion, revolution, or military or usurped poser, or civil war,
c) ionizing radiation, or contamination by radio activity from any
nuclear waste from the combustion of nuclear fuel, radio-active
toxic explosive, or other hazardous properties of any explosive
nuclear assembly or nuclear component thereof,
d) pressure waves caused aircraft or other aerial devices travelling
at sonic or supersonic speed.
e) vliot, commotion or disorder unless solely restricted to employees
of the contractor or of his Subcontractors and arising from the
conduct of the works.
f) Loss or damage due to the use or occupation by the Employer of
any section of part of the permanent work, except as may be
provided for in the contract.
g) Any operation of the forces of nature against which an
experienced contractor could not reasonably have been expected
to take precautions.
36.3
The contractor shall, except if and so far as the contract provides
otherwise, indemnify the Employer against all losses and claims in
respect of:
a)
death of or injury to any person or
b)
loss of or damage to any property (other than works) which
arise out of or in consequence of the execution and
completion of the work and remedying of any defects therein,
and against all the claims, proceedings, damages, costs,
charges and expenses whatsoever in respect thereof in
relation thereto, subject to the exceptions defined in sub
clause 36.4
36.4 The 'exceptions' referred in clause 36.3 are:
a)
The permanent use or occupation of land by the works of any
part thereof.
b)
damage to the property which is the unavoidable results of the
execution and completion of the work, or the remedying of any
defects therein, in accordance with the contract.
36.5 The contractor shall, without limiting his or the Employer's obligations
insure, in the joint names of the contractor and the Employer, against
liabilities for death of or injury to any person.
36.6 If the contractor fails to effect and keep in force any of the insurances
required under the contract, or fails to provide the policies to the Employer
then Employer may effect deductions.
IB 37 Safety
37.1
The contractor shall be responsible for the safety of all activities on the site as
15
specified in bidding data.
IB 38 Bill of Quantities.
38.1
The bill of quantities shall contain the contract price. The contractor is paid for t
quantity of the work done at the rate in the Bill of Quantities for each item.
38.2 The bill of Quantities is used to calculate the contract price. The Contractor is paid
for the quantity of the work done at the rate in the bill of quantities for each item.
IB 39 Disputes.
.39.1
If the Contractor believes that a decision taken by the Director (Maint) was either
outside the authority given to the Director (Maint) by the Contract or that the decision
was wrongly taken, the decision shall be referred to the Adjudicator if appointed.
IB 40 Extension of the Intended Completion Data.
40.1
The Director (Maint) shall extend the Intended Completion Date alter approval of
competent authority, if a Compensation Event occurs or a Variation is issued which
makes it impossible for Completion to be achieved by the Intended Completion
Date without the Contractor taking steps to accelerate the remaining work.
40.2.1 The Dy. Director shall decide and submit the recommendations to Director whether
and by how much to extend the Intended Completion Date Contractor asking the
Dy. Director for a decision upon tic effect of a Compensation Event of Variation
and submitting full supporting information. If the contractor has failed to give early
warning of a delay by this failure shall not be considered in assessing the new
Intended Completion Date.
IB 41 Early Warning.
41.1
The Contractor shall warn the Dy. Director at the earliest opportunity of specific
likely future events of circumstances that may adversely Abet the quality of the
work, increase the Contract Price or delay the execution of the Works. The Director
or Dy. Director may require the Contractor to provide an estimate of the expected
effect of the future event or circumstance on the Contract Price and Completion
Dale. The esiimale shall he provided by the Coalracior as soon as reasonably
possible. v;•
41.2 The Contractor shall cooperate with the Dy. Director in making and considering
proposals for how the effect of such an event or circumstance can be avoided or
reduced by anyone involved in the work and in carrying out any resulting
nista:Z.00n of the Dy. Director and case shall be put up to Director
IB.42 QUALITY CONTROL
42.1 The Deputy Director or Director shall check the Contractor's work and notify the
Contra for of any Defects that are found. Such checking shall not affect the
Contra tor's responsibilities. The Director (Maint) & Dy. Director (Maint) may
instruc the Contractor to search for a Defect and to uncover and test any work that
the Em loyer considers may have a Defect.
16
42.2 If the D. Director (Maint) instructs the Contractor to carry out a test not specified
in the Specification to check whether any work has a Defect and the test shows that
it does, the Contractor shall pay for the test and any samples.
IB 43 Correction Defects.
43.1 If the Dy. Director (Maint) shall give notice to the Contractor of any Defects before
the end of the Defects Liability Period, which beings at Completion, and is defined
in the Contract Data. The Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
43.2 If the Contractor has not corrected a Defect within the time specified in the Dy.
Director (Maint)'s notice, the Dy. Director (Maint) will assess the cost and shall get
it approved by Director (Maint) of having the Defect corrected, and the Contractor
will pay this amount.
113 44. Termination:
44.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.
44.2 Fundamental breaches of Contract shall include, but shall not be limited
to, the following:
a. The Contractor steps work for 15 days when no stoppage of work is
shown on the current Program and the stoppage has not been
authorized by the Director/DD (Maint).
n
r
b. The Director/ DD (Maint) instructs the Contractor to delay the progress
of the Works, and the instruction is not withdrawn within 10 days;
c. The Employer or the Contractor is made bankrupt or goes into
liquidation other than for a reconstruction or amalgamation.
A payment certified by the Director (Maint) is not paid by the Employer to the
Contractor;
d. The Dy. Director (Maint) gives Notice that failure to correct a particular
Defect is a fundamental breach of Contract and the Contractor fails to
correct it within a reasonable period of items determined by the
Director (Maint)
e. The Contractor does not maintain a security, which is required; and
f. The Contractor has delayed the completion of the Works by the
number of days for which the maximum amount of liquidated damage
can be paid, as defined in the Contract Data.
g. If the Contractor, in the judgment of the Employer has engaged in
corrupt or fraudulent practice in competing for or in executing the
Contract.
For the purpose of this paragraph:
"corrupt practice" means the offering, giving, receiving or soliciting of any thing of
value to influence the action of a public official in the procurement process or in
17
contract execution.
"fraudulent practice" means a misrepresentation of facts on order to influence a
procurement process or the execution of a contract to the detriment of the
Employer, and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial not-competitive levels
and to deprive the Employer of the bene.fits of free and open competition.
44.3 When either party to the Contract gives notice of a breach of Contract to
the Director (Maint) for a cause other than those listed under sub-Clause
44.2 above, the Director (Maint) shall decide whether the breach
fundamental or not.
44.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience and claim whatsoever shall not be entertained.
44.5 If the Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure and leave the Site as soon as reasonably
possible.
IB 45 Payment upon Termination
45.1 If the Contract is terminated because of a fundamental breach of Contract
by the Contractor, the Director (Maint) shall issue a certificate for the
value of the work done less advance payments received up to the date of
the i sue of the certificate and less the percentage to apply to the value of
the work not completed, as indicated in the Contract Data. Additional
Liquidated Damages shall not apply. If the total amount due to the
Employer exceeds and payment due to the Contractor, the difference shall
be a debt payable to the employer.
45.2 If the Contract is terminated for the Employer's convenience or because of
a fundamental breach of Contract by the Employer, the Dy. Director
(Maint) shall issue with copy to Director (Maint) a certificate for the value
of the work, done, and less advance payments received up to the date of
the certificate.
IB 46 Default by Contractor:
46.1 If the Contractor abandons the Works, refuses or fails to comply with a
valid instruction of the Engineers/Employer or fails to process
expeditiously and without delay, or is, despite a written complaint, in
breach of the Contract, the Employer may give notice referring to this SubClause and stating the default.
If the Contractor has not taken all practicable steps to remedy the default
within 14 days after receipt of the Employer's notice, the Employer may be
a second notice given within a further 21 days, terminate the Contract.
The Contractor shall then demobilize from the Site leaving behind any
Contractor's Equipment which the Employer instructs in the second
notice is to be used for the completion of the Works.
46.2
Default by Employer
If the Employer fails to pay in accordance with the Contract, or is, despite
18
a written complaint, in breach of Contract, the Contractor may give notice
refeiiing to this Sub-Clause and stating the default. If the default is not
remedied within 14 days after the Employer's receipt of this notice, the
Contractor may suspend the execution of all or part of the works.
If the default is not remedied within 28 days after the
Employer's/Engineers receipt of the Contractor's notice, the Contractor
may be second notice given within a further 21 days, terminate the
Contract. The Contract shall then demobilize from the Site.
46.3 Insolvency
If a Party is declared insolvent under any applicable law, the other Party
may be notice terminate the Contract immediately. The Contractor shall
then demobilized from the Site leaving behind, in the case in the case of
the Contractor's insolvency, any Contractor's Equipment which the
Employer/engineer instructs in the notice is to be used for the completion
of the Works.
IB 47. Liquidated Damages.
47.1 The Contractor shall pay liquidated damages to the Employer at the rate per day
stated in the Contract Data for each day that the Completion Date is later than the
Intended Completion Date. The total amount of liquidated damages shall no exceed
the 10% of the original contract cost. The Employer may deduct liquidated
damages from payments due to the Contractor Payment of liquidated damages shall
not affect the Contractor's liabilities.
47.2 If the Intended Completion Date is extended after liquidated damages have been
paid, the Dy. Director (Nlaint) shall correct any overpayment of liquidated damages
by the Contractor by adj tsting the next payment certificate.
4
19
BIDDING DATA
structions to Bidder
BD-I
1.1 Name and Address of the Employer
1.1 Routine Maintenance Contracts of Motorways:
2.1
Unit rate of the bid in paisas shall be considered as "00" Example Rs. 55.35
shall be read as Rs. 551-.
8.1
Bid language shall be in English
11.1
Bid validity shall be 90 days.
12
Amount of Bid Security is specified in NIT:
14
Deadline for submission of Bids 'specified in NIT:
27.1 Performance security specified in acceptance letter.
32
Amount of variation limited to the NHA code.
36
Rs. 300,000/- per occurrence.
37
Contractor shall make maximum safety measures, by providing new cones in'
a distance of one (01) KM on Motorway. Safety Jackets for Staff; visible sign
boards. Work shall only be start at site subject to the satisfaction of the site
in-charge of NHA.
3.9
Adjudicator appointment as per rules.
20
FORM OF BID
AND
APPENDICES TO BID
BB-1
Appendix-B to Bid
BC-1
Appendix-C to Bid
BILL OF QUANTITIES
(23)
National Highway Authority
Office of GM(Motorways) Kallar Kahar
Emergency Maintenance Work
BILL OF QUANTITIES
Contract No.EM-307-13
Location: At Km 115 on M-3
Item # Description of Item
Providing and Fixing of Stain less Steel for
NSI-1 quarter circular, bars & metal text/words
as per existing design on Motorway
Providing and Fixing of Steel cap as per existing
NSI-2
design on Motorway
Providing and Fixing of fiber glass sheet with silicon,
NSI-3 nut bolts,complete in all respect as per existing
design on Motorway
NSI-4
Unit
Quantity
SM
24.42
Each
8
SM
42.63
SM
95.34
Diamond grade reflective tape 3M, complete in
all respect with pinon alphabetic and steel panels
Providing crane, generator set, welding plants and
scafolding for fixing and painting of fiber glass sheets,
NSI-5
Days
fixing of diamond grade reflective 3M sheet on
alphabetic and steel panels
Rate
Rate in Words
10
TOTAL
TOTAL BID AMOUNT IN WORDS
M/s
Sign & Seal of the Bidder
Amount (Rs)
BE-1
Appendix-E to Bid
METHOD OF PERFORMING THE WORK
Upon Employer request the Bidder is required to submit a narrative outlining the
method of performing the Work. The narrative should indicate in detail and include
but not be limited to:
1.
Organization Chart indicating head office and field office personnel involved
in management and supervision, engineering, equipment maintenance and
purchasing.
2.
Mobilization in Pakistan, the type of facilities including personnel
accommodation, office accommodation, provision for maintenance and for
storage, communications, security and other services to be used.
3.
The method of executing the Works, the procedures for installation of
equipment and machinery and transportation of equipment and materials to
the site.
•I'
25
BF-1
Appendix-F to Bid
(INTEGRITY PACT)
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.
PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS
IN CONTRACTS WORTH RS. 10.00 MILLION OR MORE
Contract No.
. Dated
Contract Value:
Contract Title:
[Name c; Supplier] hereby declares that it has not
obtained or induced the procurement of any contract, right, interest, privilege or
other obligation or benefit from Government of Pakistan (GoP) or any administrative
subdivision or agency thereof or any other entity owned or controlled by GoP
through any corrupt business practi'-e
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, finders fee or kickback, whether described as
consultation toe or otherwise, with the object of obtaining or inducing the
procurement of a contract, right, interest, privilege or other obligation or benefit in
whatsoever form from GoP, except that which has been expressly declared
pursuant hereto.
[name of Supplier] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the
transaction with GoP and has not taken any action or will not take any action to
circumvent the above declaration, representation or warranty.
[name of Supplier] accepts full responsibility and strict liability for making any false
declaration, not making full disclosure, misrepresenting facts or taking any action
likely to defeat the purpose of this declaration, representation and warranty. It
agrees that any contract, right, interest, privilege or other obligation or benefit
obtained or procured as aforesaid shall, without prejudice to any other rights and
remedies available to GoP under any law, contract or other instrument, be voidable
at the option of GoP.
Notwithstanding any rights and remedies exercised by GoP in this regard, [name of
Supplier] agrees to indemnify GoP for any loss or damage incurred by it on
account of its corrupt business practices and further pay compensation to GoP in
an amount equivalent to ten time the sum of any commission, gratification, bribe,
finders fee or kickback given by [name of Supplier] as aforesaid for the purpose of
obtaining or inducing the procurement of any contract, right, interest, privilege or
other obligation or benefit in whatsoever form from GoP.
Name of Buyer: ....... ......
Signature:
[Seal]
Name of Seller/Supplier: ......
Signature:
[Seal]
26
FORMS
Letter of Acceptance
CONTRAC AGREEMENT
BID SECURITY
PERFORMANCE SECURITY
27
LETTER OF ACCEPTANCE
M/S
Sub:- LETTER OF ACCEPTANCE FOR CONTRACT NO.
M-2)
1
You are hereby informed that your tender for the above mentioned contract
for
is accepted, subject to the conditions of contract,
specifications, special provisions and Bills of Quantities, Form of Tender
including its Addendum if any, and this Letter, in the sum of Pakistani
Rs.
/- (Rupees in words)
having cbmpletion period of
Months ( _ Months) from date of
commencement while the Defects liability period is
(00) months after
the date of completion.
2.
Your Tender as defined above together with this letter of Acceptance thereof
shall constitute a binding contract between yourselves and the National
Highway Authority (hereinafter called "The Employer"). You will be required
however to submit, in due course, a Contract Agreement in the from included
in contract Documents.
3.
You are therefore directed to attend the office of GM (Motorways) along with
judicial paper of Rs. 1001- for cornract agreement within Seven (07) days of
issue of this letter failing which your Tender may be cancelled and NHA
proceed further.
4.
Attention is drawn to the cor,Jit
of contract, whereby as precedent to
commencement of work and not later than the day you execute the former
contract agreement. You will be required to Deposit with the employer
performance Bond in the shape of Bank Guarantee @ 10% i.e Rs.
I- or Insurance Bond @ 30% i.e Rs.
/- of the approved
tender sum for due performance of this contract. Minimum amount od third
Party insurance Rs. 300,000/- per occurrence, unlimited occurrences.
5.
This letter of Acceptance does not constitute an order for you to commence
work. The order to commence work will be issued to you separately. The
order to commence work will also contain the date of possession of site.
6.
If yoi • company failed to complete the work within
Months (00
Months) the stipulated date then your company would be liable to have fine.
at the rate of 0.10% per day of contract amount.
7.
This letter is sent to you in duplicate, please return the original, duly signed
and witnessed where indicated, to this office and retain the copy.
GM (Motorways)
28
The undersigned hereby acknowledged receipt of the above letter, copy of which
has been retained, and confirm that no terms conditions or stipulations additional to
those contained in the Tender Documents have been imposed by the issue of this
letter.
(CONTRACTOR)
(WITNESS)
ADDRESS
ADDRESS
29
CA-1
FORM OF CONTRACT AGREEMENT
This agreement is made on the
between General Manager Motorways,
National Highway Authority Ministry of Communications, Government of Pakistan,
Balkasar, District Chakwal (Hereinafter called the Employer) on the one part and
M/S
. (hereinafter called the contractor on the other
part).
Witness
Whereas bids have been received by the employer for Routine Maintenance Works
on Motorway at KM
—
on Mamounting to Rs.
/- and the bid of the
contractor for the said construction and maintenance has been accepted by the employer
vide letter I\ J.
dated
Therefore in connection of the promises, covenants and agreement hereinafter
contained and to be performed by the parties hereto, the said parties hereby covenants
and agree as follows:1.
In consideration of the covenants and agreements to be kept and performed
by the contractor, and for the faithful performance of this contract and the
completion of the work according to the specifications, and conditions herein
contained, the employer shall pay and the contractor shall receive and
accept as full compensation for every thing furnished and done by the
contractor under this agreement, the contract -price stipulated in the Letter
of Acceptance at the time and in the manner prescribed by the conditions of
the contract.
2.
Said work shall be started within Seven days after issuing of letter of award
by GM
and contractor shall fully complete the work within
. The defect liability periods which shall be completed is Six (06)
months after issuance of the completion certificate by concerned Field
Officer.
3.
In this agreement words and expressions shall have the same meanings as
are respectively assigned to them in the conditions of contract hereinafter
referred to.
4.
The following documents shall be deemed to from and be read and
construed as part of this agreement.
a.
b.
c.
d.
0
5.
The Bid and Appendices.
The priced Bill of Quantities.
Standard Specification.
The addenda if any.
ottar of Acceptance.
In witness whereof the parties hereto have executed this contract as of the
day and year herein above set forth to be filed in the office of the employer.
30
CA-2
6.
In case of delay due to any reason what so ever liquidated damage would
bP imposed at the rate of 0.10% per day up to 10% of the contract amount
(including Sundi iy/Gazette holidays).
Signed, Sealed and Delivered:
General Manager
Name/Stamp
(Contractor)
Name/Stamp
(On behalf of employer)
Witness No.1
Witness No.2
Name
Name
Address
Address
35
PERFORMANCE BOND
DATED
VALID UP TO
AMOUNT
BOND NO
whose registered
(hereinafter called contractor) and
whose registered and head
office is at
(hereinafter called the
surety ) are held and firmly bound unto Mrs National Highway Authority office of the
Chairman ( hereinafter called Employer) in the sum of Rs.
- (Rupees in
words
) for the payment of which sum the contractor
and surety bind t emselves and their assign jointly and severally by these presents.
By this bond we M/s
office at
Whereas the con ractor by an agreement made between the employer of the one part and the
contractor of th other part has enter into a contract No: M — 2 / RM —
' Routine
Maintenance at Km
on Lahore — Islamabad on Motorway (M-2).
Now the conditi ns of the above written bond is such that if the contractor shall dully
perform and obs rye all the terms, provisions, conditions and stipulations of the said contract
or perform and bserved according to the true purport intent and meaning thereof or if on
default by the cL, praetor the surety shall satisfy and discharge the damages sustained by the
employer thereb upto the amount of the above written bond then this obligation shall be
nun and void bu otherwise shall and remain in full force and effect but no alternation in
terms of the said contract or in the extent or nature of the works to be build or constructed,
erected, delivere and maintained there under and no allowance of time' by the employer
under the said c • ntract nor any forbearance or forgiveness in or respect of any matter or
think concerning the said contract on the part of the employer shall in any way release the
surety from any iability under the above written bond. This bond shall be remain valid and
in force with effect from to date
to date
Sig* and sealed at
Witness No.1
date
For and on behalf of
(Name ID Card No.)
- Witness Not
For and on behalf of
(Name Ar. ID Card No.)
??-