Governemnt of Pakistan
Tender Document for Purchase of Arms & Ammunition for the year 2012-13
Ministry of States & Frontier Regions
A / Instruction to Bidders (ITB)……………………………………………………………… / 31 / Introduction………………………………………………………………………….. / 3
2 / The Bidding Procedure……………………………………………………………….. / 3
3 / The Bidding Documents……………………………………………………………... / 4
4 / Preparation of Bids…………………………………………………………………... / 5
5 / Submission of Bids…………………………………………………………………... / 9
6 / Opening and Evaluation of Bids…………………………………………………….. / 10
7 / Award of Contract…………………………………………………………………… / 13
B / General Conditions of Contract………………………………………………………. / 16
1 / Definitions…………………………………………………………………………… / 16
2 / Applications…………………………………………………………………………. / 16
3 / Country of Origin……………………………………………………………………. / 16
4 / Standards…………………………………………………………………………….. / 17
5 / Use of Contract Documents and Information……………………………………….. / 17
6 / Patent Rights………………………………………………………………………… / 17
7 / Collection of Samples……………………………………………………………… / 17
8 / Ensuring Storage arrangement……………………………………………………… / 17
9 / Inspection and Tests…………………………………………………………………. / 18
10 / Laboratory tests for insecticide, medicines and non-drug items……………………. / 18
11 / Delivery and Documents…………………………………………………………….. / 18
12 / Insurance……………………………………………………………………………… / 19
13 / Transportation………………………………………………………………………… / 19
14 / Incidental Services……………………………………………………………………. / 19
15 / Warranty……………………………………………………………………………… / 19
16 / Payment ……………………………………………………………………………… / 19
17 / Price …………………………………………………………………………………. / 19
18 / Contract Amendments……………………………………………………………….. / 19
19 / Assignment…………………………………………………………………………… / 20
20 / Sub-Contracts………………………………………………………………………… / 20
21 / Delays in the Supplier’s Performance………………………………………………... / 20
22 / Penalties/ Liquidated Damages………………………………………………………. / 20
23 / Termination for Default………………………………………………………………. / 20
24 / Force Majeure………………………………………………………………………… / 21
25 / Termination for Insolvency…………………………………………………………... / 21
26 / Arbitration and Resolution of Disputes………………………………………………. / 21
27 / Governing Language…………………………………………………………………. / 22
28 / Applicable Law………………………………………………………………………. / 22
29 / Notices……………………………………………………………………………….. / 22
C
/Invitation For Bids……………………………………………………………
/ 23D
/Special Conditions of Contract………………………………………………
/ 25E. / Schedule of Requirements / 30
F. / Sample Forms / 31
1. Performance Guarantee/ Security Form……………………………………………… / 32
2. Manufacturer’s Authorization Form / 33
3. Contract Form………………………………………………………………………… / 34
G. / Prime Schedule / 36
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A.INSTRUCTIONS TO BIDDERS (ITB):
Introduction1. / Source of Funds / 1.1 / The Government of Pakistan has allocated funds for purchase of Arms & Ammunition for Ministry of SAFRON during the financial year 2012-13.
2. / Eligible Bidders / 2.1 / This Invitation for Bids (IFB) is open to all original manufacturers/their authorized supplier and in case of imported items their authorized agents/ importer/ suppliers in Pakistan for supply of plant/machinery and equipments.
2.2 / Government-owned enterprises in Pakistan may participate only and they are legally and financially autonomous, if they operate under commercial law, and if they are not a dependent agency of the Purchaser.
2.3 / The agent/ supplier/ importer must possess valid/latest authorization (within 2 years) from the original manufacturer and will have to submit a copy of Memorandum of Association/ Partnership deed registered with the Registrar of Companies. However, in case of manufacturer, they should have a documentary proof (valid sale license and certificate of registration) to the effect that they are the original manufacturer of the required specifications of Arms & Ammunition.
2.4 / Bidders shall not be under a declaration of ineligibility/blacklisted by any Government (Federal, Provincial), a local body or any public sector organization.
3. / Eligible Goods and Services / 3.1 / All Arms & Ammunition and related services to be supplied under the contract shall have their origin in Pakistan or outside and all expenditures made under the contract will be limited to such goods and services
3.2 / For purposes of this clause, “origin” means the place where the Arms & Ammunition are produced, or the place from which the related services are supplied.
4. / Cost of Bidding / 4.1 / The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser (Ministry of SAFRON), hereinafter referred to as “the Purchaser,” will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
THE BIDDING PROCEDURE
5. / Single stage – one envelope bidding procedure / 5.1 / Single stage – two envelope bidding procedure shall be applied as per PPRA Rules 36(b):
(i) The bid shall comprise a single package containing the financial proposal.
(ii) the envelope shall be marked as “BID FOR ARMS & AMMUNITION”
(iii) the Bid will be opened in the presence of the representatives of the participating firms who choose to attend;
(iv) the Purchaser shall evaluate the proposal, without reference to the price and reject any proposal which do not conform to the specified requirements;
(v) The bid found to be the lowest evaluated bid shall be accepted.
THE BIDDING DOCUMENTS
6. / Content of Bidding Documents / 6.1 / The goods required, bidding procedures, and contract terms are prescribed in the bidding documents. In addition to the Invitation for Bids, the bidding documents include:
(a) Instructions to Bidders (ITB)
(b)General Conditions of Contract (GCC)
(c)Special Conditions of Contract (SCC)
(d)Schedule of Requirements
(e)Technical Specifications
(f) Contract Form
(g) Manufacturer’s Authorization Form
(h) Performance Guaranty Form
(i) Price Schedule
6.2 / The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in the rejection of its bid.
7. / Clarification of Bidding Documents / 7.1 / A prospective Bidder requiring any clarification of the bidding documents may notify the Purchaser in writing at the Purchaser’s address indicated in the Invitation for Bids. The Purchaser will respond in writing to any request for clarification of the bidding documents, which it receives no later than three (03) days prior to the deadline for the submission of bids prescribed in the Invitation for Bids. Written copies of the Purchaser’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders that have received the bidding documents.
8. / Amendment of Bidding Documents / 8.1 / At any time prior to the deadline for submission of bids, the Purchaser, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the bidding documents by amendment.
8.2 / All prospective bidders that have received the bidding documents will be notified of the amendment in writing or by cable, and will be binding on them.
8.3 / In order to allow prospective bidders reasonable time in which to take the amendment into account in preparing their bids, the Purchaser, at its discretion, may extend the deadline for the submission of bids.
PREPARATION OF BIDS
9. / Language of Bid / 9.1 / The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Purchaser shall be written in English. Supporting documents and printed Literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the Bid, the translation shall govern.
10. / Documents Comprising the Bid / 10.1 / The bid prepared by the Bidder shall comprise the following components:
(a)A Price Schedule completed in accordance with ITB Clauses 11, 12, and 13 (to be submitted alongwith the proposal);
(b)Documentary evidence established in accordance with ITB Clause 14 that the Bidder is eligible to bid and is qualified to perform the contract if its bid is accepted;
(c)Documentary evidence established in accordance with ITB Clause 15 that the Arms & Ammunition to be supplied by the Bidder are eligible goods and conform to the bidding documents; and
(d)Bid security furnished in accordance with ITB Clause 16.
11. / Form of Price Schedule / 11.1 / The Bidder shall complete the appropriate Price Schedule furnished in the bidding documents, indicating the items to be supplied, a brief description of the Arms & Ammunition their strength, packing, quantity, and prices.
12. / Bid Prices / 12.1 / The Bidder shall indicate on the appropriate Price Schedule the unit prices and total bid price of the items, it proposes to supply under the contract.
12.2 / Form of price Schedule is to be filled in very carefully, preferably typed. Any alteration/ correction must be initialed. Every page is to be signed and stamped at the bottom. Name of the person (s) signing & the company stamp should be used. Serial number of the quoted item may be marked with red/yellow marker.
12.3 / The bidder should quote the prices of Arms & Ammunition according to the technical specifications and currency as provided in the Form of Price Schedule and Technical Specifications. The specifications of items, different from the demand of enquiry, will straightway be rejected.
12.4 / The prices offered by the bidder will be valid and binding on the bidder throughout the period of contract, provided that the purchaser shall be entitled to the decrease in the prices of items to be supplied/ offered.
12.5 / The bidder is required to offer competitive price. All prices must include the General Sales Tax (GST) and other taxes and duties, where applicable. If there is no mention of taxes, the offered/quoted price will be considered as inclusive of all prevailing taxes/duties. The benefit of exemption from or reduction in the GST or other taxes shall be passed on to the purchaser.
12.6 / Prices offered should be for the entire quantity demanded; partial quantity offers shall straightaway be rejected. Conditional offer will also be considered as non-responsive bidder and will be rejected.
12.7 / While tendering your quotation, the present trend/ inflation in the rate of goods and services in the market should be kept in mind. No request for increase in price due to market fluctuation in the cost of goods and services will be entertained.
13. / Bid currencies / 13.1 / Prices shall be quoted in Pak Rupees ONLY.
14. / Bidder’s Eligibility and Qualification / 14.1 / Pursuant to ITB Clause 10, the Bidder shall furnish, as part of its bid, documents establishing the Bidder’s eligibility to bid and its qualifications to perform the contract if its bid is accepted.
14.2 / The documentary evidence of the Bidder’s eligibility to bid shall establish to the Purchaser’s satisfaction that the Bidder, at the time of submission of its bid, is an eligible as defined under ITB Clause 2.
14.3 / The documentary evidence (to be submitted alongwith the proposal) of the Bidder’s qualifications to perform the contract if its bid is accepted shall establish to the Purchaser’s satisfaction:
(a) The supplier/ agent/ importer will have to produce valid/latest (within last 2 years) letter of authorization from manufacturer and in case of manufacturer, documentary proof to the effect that they are the original manufacturer of the required specifications of items will be provided.
(b) National Tax Number (NTN) and General Sales Tax Number and last year income tax clearance certificate with documentary proof will have to be provided by each bidder in the tender.
(c) The bidder/ manufacturer will submit an affidavit on legal stamp paper of Rs. 50/- that their firm has not provided the same item at the rate less than the one offered in the bid to any other government department during the financial year and that their firm has not been blacklisted in the past on any ground by any Government (Federal, Provincial), a local body or a public sector organization. On account of submission of any false statement the bidder will be straightway rejected. The decision will be final one and non-challengeable.
(d) The bidder should have minimum one-year experience in the market. Similarly it is mandatory that the item to be quoted by the bidder/ manufacturer should have availability in the market minimum for the last one year. Documentary proof will have to be provided in this regard.
(e) The bidder must indicate the registration number, make of country of origin/ manufacturer of the Arms & Ammunition, capacity of production of the firm, its financial status, batch capacity, necessary assurance of quality production, GMP, and list of qualified technical and supervisory staff working in the production and quality control departments in the manufacturing plants.
(f) The boruchers/leaflets containing information regarding quoted item(s) must be attached with the proposal to judge the specification of the quoted item(s).
15. / Eligibility and Conformity to Bidding Documents / 15.1 / Pursuant to ITB Clause 10, the Bidder shall furnish alongwith the proposal, as part of its bid, documents establishing the eligibility and conformity to the bidding documents of all items, which the Bidder proposes to supply under the contract.
15.2 / The documentary evidence of the eligibility of the Arms & Ammunition shall consist of a statement in the Price Schedule of the country of origin of the goods offered which a certificate of origin issued by the manufacturer shall confirm.
15.3 / a)The bidder MUST produce alongwith the proposal, literatures of quoted product (s) according to the strength and packing of demand of enquiry.
16. / Bid Security / 16.1 / Pursuant to ITB Clause 10, the Bidder shall furnish, as part of its proposal, a bid security (earnest money) in the amount specified in SCC.
16.2 / The bid security is required to protect the Purchaser against the risk of Bidder’s conduct, which would warrant the security’s forfeiture, pursuant to ITB Clause 16.3.
16.3 / The bid security may be forfeited:
(a)if a Bidder withdraws its bid during the period of bid validity; or
(b)in the case of a successful Bidder, if the Bidder fails:
(i)to sign the contract in accordance with ITB Clause 33; or
(ii)to complete the supplies in accordance with Clause 20 of the General Condition of Contract.
17. / Bid Validity / 17.1 / Bids shall remain valid for the period of forty five (45) days after the date of opening of bids prescribed by the Purchaser. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive.
17.2 / The Purchaser shall ordinarily be under an obligation to process and evaluate the bid within the stipulated bid validity period. However under exceptional circumstances and for reason to be recorded in writing, if an extension is considered necessary, all those who have submitted their bids shall be asked to extend their respective bid validity period. Such extension shall be for not more than the period equal to the period of the original bid validity.
17.3 / Bidders who,-
(a) agree to the procuring agency’s request for extension of bid validity period shall not be permitted to change the substance of their bids; and
(b) do not agree to an extension of the bid validity period shall be allowed to withdraw their bids without forfeiture of their bid securities (earnest money).
18. / Format and Signing of Bid / 18.1 / The bidder shall prepare and submit an original bidding documents purchased from the Ministry of SAFRON alongwith original purchase receipt alongwith copy of the bid indicated in the Invitation for Bids, clearly marking each “ORIGINAL BID” and “COPY OF BID,” as appropriate. In the event of any discrepancy between them, the original shall govern.
18.2 / The original and the copy of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. The person or persons signing the bid shall initial all pages of the bid, except for unamended printed Literature.
18.3 / Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the person or persons signing the bid.
SUBMISSION OF BIDS
19. / Sealing and Marking of Bids / 19.1 / The name of item may be written on the envelop in bold and legible letters to avoid confusion. Similarly, the bidder shall make copies of the bid and seal the original and copy of the proposals/bid in separate envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” The envelopes shall then be sealed in an outer envelope.
19.2 / The inner and outer envelopes shall:
(a)be addressed to the Purchaser at the address given in the Invitation for Bids; and
(b)bear the Name of Ministry and number indicated in the Invitation for Bids, and a statement: “DO NOT OPEN BEFORE,” to be completed with the time and the date specified in the IFB.
19.3 / The inner envelopes shall also indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declared as “non-responsive” or “late”.
19.4 / If the outer as well as inner envelope are not sealed and marked as required by ITB Clause 19.2, the Purchaser will assume no responsibility for the bid’s misplacement or premature opening.
20. / Deadline for Submission of Bids / 20.1 / Bids must be submitted in person by the bidder and received by the Purchaser at the address specified under ITB Clause 19.2 no later than the time and date specified in the Invitation for Bids.
20.2 / The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the bidding documents in accordance with ITB Clause 8, in which case all rights and obligations of the Purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.
21. / Late Bid / 21.1 / Any bid received by the Purchaser after the deadline for submission of bids prescribed by the Purchaser pursuant to ITB Clause 20 will be rejected and returned unopened to the bidder.
22. / Withdrawal of Bids / 22.1 / The bidder may withdraw its bid after the bid’s submission and prior to the deadline prescribed for submission of bids.
22.2 / 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 in ITB Clause 17. Withdrawal of a bid during this interval may result in the bidder’s forfeiture of its bid security (earnest money), pursuant to the ITB Clause 16.3(a).
OPENING AND EVALUATION OF BIDS
23. / Opening of Bids by the Purchaser / 23.1 / The Purchaser will open the envelope marked “ORIGINAL” in the presence of bidders’ representatives at the time, on the date, and at the place specified in the Invitation for Bids. The bidders’ representatives who are present shall sign the Attendance Sheet evidencing their attendance.
23.2 / The bidders’ names, item(s) for which they quoted their rate and such other details as the Purchaser, at its discretion, may consider appropriate, will be announced at the opening of the proposal. No bid shall be rejected at bid opening time, except for late bids, which shall be returned unopened to the bidder pursuant to ITB Clause 21.
23.3 / The bids found without Bid Security (earnest money) will also be returned unannounced to the bidders even they qualified in the evaluation of the proposal. However, prior to return to the bidder, the Chairman of the Purchase Committee will record statement/ reason on such bids.
23.4 / The Purchaser will prepare minutes of the bids opening meeting.
24. / Clarification of Bids / 24.1 / During evaluation of the bids, the Purchaser may, at its discretion, ask the bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the prices or substance of the bid shall be sought, offered, or permitted.