LAHORE ELECTRIC SUPPLY COMPANY
LOCAL BIDDING DOCUMENTS
TENDER NO.1910/Dist.
FOR THE SUPPLY OF
SINGLE STRUCTURE PLATE FORMS
Sr.Manager (Material Management)
LESCO Ltd. 22-A Queens Road, Lahore
1
INVITATION FOR BIDS
Lahore Electric Supply Company (LESCO) invites sealed bids from PEPCO /
WAPDA / DISCO’s Pre-qualified & Registered manufacturers, registered with Income Tax
and Sales Tax Department for supply of following material:TENDER
No.
1910
DESCRIPTION
Unit
Qty
Single Pole Platform
Set
1,000
DATE & TIME
Submission of Bids
Opening of Bids
09.12.2016
At 10:30 A.M
09.12.2016
At 11:00 A.M
Bidding documents, containing detailed terms and conditions, method of
procurement, procedure for submission of bids, bid security, bid validity, opening of bid,
evaluation criteria, clarification / rejection of bids, performance guarantee etc., are available
for the interested bidders at 3rd Floor, Room No.312 office of the Manager (Material
Management) LESCO Ltd., 22-A Queens Road, Lahore. Price of bidding documents is
Rs.1,000/- each tender (non-refundable). Bidding documents can also be downloaded from
website at www.lesco.gov.pk free of cost just for reading purpose.
The bids, prepared in accordance with the instructions in the bidding
documents, must reach at 3rd Floor, Room No.312 office of the Manager (Material
Management) LESCO Ltd., 22-A Queens Road, Lahore on or before above mentioned
closing timings & dates. Bids will be opened on the same day at aforesaid dates & timings.
This advertisement is also available on PPRA website at www.ppra.org.pk
2
LAHORE ELECTRIC SUPPLY COMPANY
MATERIAL MANAGEMENT DIRECTORATE
22-A Queens Road Lahore Ph. # 99204842, Fax # 99204843
BID SCHEDULE FOR TENDER NO.1910/LESCO
 Due by 10:30 A.M on 09.12.2016
 Tender will be opened at 11:00 A.M on 09.12.2016

Tender shall remain valid for 120-days after opening date.
Addl. Manager (M.M)
LESCO Ltd. Lahore
Name of Bidder ______________________________________________________
Sr.
No
Description of Stores
1
Single Structure
Plate Forms
(Amended to date)
Specification
Quantity
Required
(Nos)
DDS-48:2008
1,000
FCS Unit Rate in Pak
Rs. W/O 17% GST.
Delivery Schedule:“50% quantity shall be supplied within 60-days and remaining 50% quantity shall be
delivered from 61st day to 120th day” from the date of issue of purchase order or from the
date of approval of prototype subject to clause 7 of bidding documents or from the date of
Establishment of L/C (if applicable). Early supply is also acceptable. Delivery period is the
essence of the Contract and delivery must be completed not later than the dates specified. The
terms “Delivery Date” shall mean the date of 1st day of Inspection or 15th day of Inspection Call
whichever is earlier, shall be reckoned as date of delivery of Store to Consignee provided the
goods accepted for supply have been delivered within 20-days of issue of Inspection Certificate
subject to the condition that the supplier / manufacturer offers the material for Inspection at least
15-days prior to the due date and the offer is not rejected due to being a fake call or material not
conforming to the specification.
Note:-This tender is governed by General Conditions of Contract for purchase by WAPDA
dated 12/8/1984, amended to date and latest purchase procedure PPRA-2004 amended to
date.
SPECIAL CONDITIONS:1. In case of any specific occurrence the shares will be distributed on the basis of previous
performance in supplies against DISCOs Purchase Orders, manufacturing capacity / capability etc.
2. Conditional Bids / Rates will not be entertained / accepted.
3. Bid submission / Tender opening date & timings shall be observed strictly.
4. You have to submit the requisite Certificate dully filled in, regarding the Declaration of Fees,
Commission & Brokerage etc paid by you about Goods, Services & Works.
5. Cartel / pool rates are strictly prohibited. The firms found involved in collusive practice shall be
dealt under PPRA Rules / PEPCO instructions.
6. You are required to submit necessary declaration regarding use of prime material as per Annex-A.
7. In case of holiday announced by the Govt. of Pakistan, strike in LESCO or any other reasons what
so ever due to which this office remains closed on the above scheduled tender opening date, the
tender will be opened on next working day at same time and place / venue.
8. As per directions of FBR dated. 3.9.2015 conveyed vide C.E (Operation) PEPCO vide letter No.
1918-28 dated. 17.09.2015, only registered suppliers who are on Active Taxpayers List (ATL) of
FBR, are eligible to supply goods / services to LESCO.
Stamp & Signature of bidders
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GENERAL CONDITIONS:
1. Method of Procurement: Single stage one envelope procedure as per PPRA Clause-36 (a)
shall be adopted for open competitive bidding. Each bid shall comprise one single envelope
containing financial proposal and technical proposal (if any).
2. Only one FCS rate should be quoted for supply of Stores at Regional Store Shalamar,
Lahore without involving any foreign exchange element.
3. The rate shall be quoted for full quantity of respective items and the bidders shall not be
allowed to quote partial quantity in an item.
4. The quoted FCS prices, exclusive of applicable percentage of sales tax shall be firm and
final and not subject to escalation for any reason what so ever. The conditional prices shall
not be accepted.
5. The prices include the present duties, taxes and 0.5% inspection fee. In case however the
present duties and taxes are increased or new taxes/duties are imposed on finished goods
by the Govt. during the currency of the contract, the same will be paid extra on production of
documentary evidence. In case of decrease in duties/taxes by the Govt., the price will be
decreased accordingly.
6. Bid Bond / Security: In order to be considered, the tender must be accompanied by bid
security equal to 2% of the total amount quoted by a bidder valid for 120-days after the date
of tender opening in the form of Bank Draft or Pay Order drawn on a schedule Bank of
Pakistan or in lieu thereof a Bank / Bid Guarantee issued by a Schedule Bank of Pakistan on
the specified Proforma. In case, the tenderer withdraws his tender / offer during the period of
tender validity or successful tenderer fails to furnish the required Performance Bond /
Security or sign the Contract Agreement/ Acknowledgment of the Purchase Order, the
amount of Bid Bond / Tender Security will be forfeited in favour of LESCO. The Bid Security
from any Insurance Company will not be acceptable in any case and Bid will be liable for
rejection.
7. Performance Bond / Security: Successful bidder will have to submit a Performance
Bond / Security in the shape of Bank Draft / Bank Guarantee from a Scheduled Bank of
Pakistan on the prescribed form (valid for 12-months from the receipt of last
consignment) equal to 5% of the total value of contract (inclusive of amount of GST) within
7-days from the date of issue of LOI. In case of further delay due to late submission of
performance bond, Purchase Order may be issued after deducting the delayed period from
the legitimate delivery schedule mentioned in the LOI or bidding documents. Bank
Guarantee shall be furnished on non-judicial stamp paper of value as prescribed by the
Government. The Performance security shall be furnished with the acceptance of Letter of
Intent and before the formal issuance of the Purchase Order. Bid Guarantee & Performance
Bond be furnished on Non judicial Stamp Paper of value Rs 100/-. However, WAPDA Bonds,
as security in lieu of tender/bid guarantee/earnest money or performance bond as per
procedure in vogue, are also acceptable.
8. The material shall be strictly according to WAPDA Specifications (amended-to-date). For
items necessitating prototype approval:
a) If you do not possess the prototype approval for the offered material within last 3-years
(if applicable under PEPCO / WAPDA approved specification), you shall have to obtain
the prototype approval from the office of Chief Engineer (Design & Standard) NTDC L48, Block-N Model Town Extension, Lahore before start of mass production. Drawings
and prototype samples for prototype testing shall be offered within 30-days from the date
of issue of purchase order to Chief Engineer (Design & Standard) NTDC. The Chief
Engineer (Design & Standard) NTDC will accord approval of offered prototype within 30days from the date of receipt of prototype call. All expenses including testing charges,
Traveling, Boarding / Lodging & Daily Allowance etc, of two NTDC/WAPDA/LESCO
Engineers shall be borne by the manufacturer / supplier. The testing will be carried out at
manufacturer’s premises/ HV&SC Lab Rawat / RTL Faisalabad or any other independent
Lab of International repute like KEMA Holland, CRIEPI Lab Japan, CESI Lab Italy to be
approved by Chief Engineer (Design & Standard) NTDC.
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b) If the prototype sample fails, the material shall be improved and re-offered for prototype
testing to Chief Engineer (Design & Standard) NTDC. The time taken for improvement in
sample and re-submission of drawings will not entitle the manufacturer to claim
extension in delivery period on this account.
c) Any changes suggested in the material and drawings during prototype testing for
compliance of specifications and purchase orders shall have to be incorporated without
any extra price claim.
9. The word “THE LAHORE ELECTRIC SUPPLY COMPANY” LTD.” or LESCO, with PO No. & year of
manufacturing together with other essential markings as per specification shall be provided.
Moreover, the word “LESCO” shall also be engraved / embossed on the main body of the Meter
Security Box.
10. Warranty: Warranty and Packing of the offered material shall govern as per above
mentioned standard specification.
11. Evaluation Criteria:
Technical and Commercial Evaluation / Comparison of tender bids will be carried out on item
/ lot-wise FCS unit price basis. Bid will be considered non-responsive if the bidder’s previous
two-year performance against WAPDA/DISCOs/ local / international contracts is not
satisfactory. The material shall be supplied as per legitimate delivery schedule strictly
according to WAPDA Standard specifications (amended-to-date).Any deviations in tender
specification shall be liable for the rejection of tender. Arithmetical errors will be rectified on
the following basis:i. If there is a discrepancy between the unit price and total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected. If there is a discrepancy between the words and figures the amount in
words shall prevail.
ii. If there is a discrepancy between the total Tender price entered in Form of Tender and
the total shown in Schedule of Prices. The amount stated in the Form of Tender will be
corrected by the Purchaser/Engineer in accordance with the Corrected Schedule of
Prices.
iii. If the Tenderer does not accept the corrected amount of Tender, his Tender will be
rejected and his Tender Security forfeited.
iv. Tenders indicating the delivery beyond date specified in Tender Schedule will be
declared non-responsive.
v. The bidder must be registered with Income Tax and Sales Tax Department.
11.1. Bid may be rejected forthwith if:-
iiiiiiivvvivii-
The bidder submits substantially incomplete bid or only the copies of the bid are submitted
without original bid.
The bid is submitted on other than the prescribed from or is incomplete or conditional.
The bid is illegible in any material, part or contains alternations, additions, deletions, erasers
or other irregularities.
Not accompanied with a bid guarantee or with insufficient or unacceptable bid guarantee.
Submitted by a bidder who has previously failed to perform properly works of similar nature
Bid is in some way connected with bids submitted under names different from his own.
The offer is not accompanied with schedule of technical data and schedule of deviation (if
any) duly filled in and signed (in duplicate).
12. INSPECTION:
Inspection of the material will be carried out at your works by the Chief Engineer (M.I) NTDC
office along-with LESCO inspection team if required by the purchaser / competent authority.
Notice in writing shall have to be given to the office of C.E (MI) NTDC by you under
intimation to this office when the store against the order is ready for inspection. All
reasonable facilities as provided in the specifications or followed by the Industry or Trade in
General shall have to be afforded to the inspecting Officers by you at your expense for
carrying out Inspection. Stage inspection may also be carried out if necessary.
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13. PAYMENT:
The payment will be made directly by the CFO LESCO Limited Lahore or through confirmed
& irrevocable inland letter of credit at sight from scheduled bank of Pakistan. All charges
relating to L/C opening and negotiation together with subsequent amendments shall be
borne by the contractor. The payment / negotiation of L/C will be made on presentation of
following documents:i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
Invoice of the supplied material in triplicate duly approved by Sr. Manager (M.M) LESCO and pre-audited by
the Finance Director LESCO.
Delivery Challan duly acknowledged by the consignee.
GRN issued by Regional Store Manager Shalamar LESCO Ltd. Lahore.
Warranty Certificate.
Inspection Certificate issued by authorized representative of Chief Engineer, Material Inspection NTDC /
LESCO inspection team.
Confirmation letter of acceptance of performance Security by the Sr. Manager (MM) LESCO.
Copy of General Sales Tax / Excise Duty Invoice.
1/5th of GST amount will be deducted at the time of making payment as per FBR rules.
The manufacturer / supplier in its invoices shall also give an undertaking, in case of omission of any deductable amount; LESCO’s claim at any later stage (through pre-audit / post audit) shall be acceptable to them.
While raising invoice for the material supplied, the firm shall vividly mention the account number as well as
the name of the bank and branch enabling CFO office to release payment thereof accordingly.
As per directions of FBR dated. 3.9.2015 conveyed vide C.E (Operation) PEPCO vide letter No. 1918-28
dated. 17.09.2015, the payment to the registered persons may be linked with the active taxpayer status of
the suppliers as per FBR database. If any registered supplier is not in ATL his payment should be stopped till
he files his mandatory returns and appears on ATL of FBR.
PARTIAL DELIVERIES AND PARTIAL PAYMENTS ARE ALLOWED.
14.
The payment of Sales Tax shall be made on production of Sales Tax return cum payment
Challan. In case of manufacturers who pay lump sum sales tax, they shall also submit an
affidavit on non-judicial paper that the Challan includes the amount of Rs. _______ of
Sales tax for supply of the mentioned items.
In case of receipt of payment through L.C, the delivery period shall be commenced from the
date of establishment of L/C. On receipt of the P.O. the bidder shall submit copy of the P.O.
accepted on each page and other information/documents for establishment of letter of credit
directly to CFO LESCO within 07 days otherwise the commencement of delivery period shall
be reckoned from the date of issue of this purchase order.
LESCO reserves the right to increase / decrease the quantities upto 15% at the time of
placing award or through repeat order after award / issue of Purchase Order during the
currency of contract or within 6-months from the date of issue of P.O which ever is later on
the same rate, terms and conditions.
LESCO reserves rights to accept or reject any tender and to annul the tender process and
reject all tenders, at any time, prior to award of contract, without thereby incurring any
liability or obligation to inform to Tenderers and the grounds for the purchaser’s action
Tenders submitted through Telex, Telegraph, FAX or E.Mail shall not be considered.
After opening the tender if it is established that the bidders have quoted a Single price then
LESCO reserves the right either to scrap the tender and invite fresh tender or to take any
decision as deemed fit for LESCO.
Over and above normal inspection, the office of Chief Engineer (MI) Lahore will carry out all
type tests including the routine tests once during the currency of P.O. at RTL Faisalabad /
HVSC Rawat or any other independent laboratory approved by the department. The testing
charges of the offered material, if any, shall be borne by the bidder.
15.
16.
17.
18.
19.
20.
21.
i)
ii)
iii)
iv)
v)
SUBMISSION OF BID: The complete offer in Triplicate (Original & Two Copies) should
be filled as under:The original Bid and other enclosed documents 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 letter of authorization shall be indicated by written power-ofattorney accompanying the Bid. All pages of the bid, except for un-amended printed
literature, shall be initialed by the person or persons signing the Bid.
The Bid shall contain no interlineations, erasures or over-writing 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.
The bidder shall clearly mention all information precisely regarding bid validity, delivery
schedule, terms of payment and the schedule of technical data / Literature. Any
incomplete information as required shall render the offer for rejection.
The tender prepared by the tenderer and all correspondences and documents relating to
the tender shall be written in English Language.
No tender may be modified by a tenderer after dead line for submission of tender.
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22.
SEALING & MARKING OF BIDS:
i. The bidder shall seal the original and each copy of the bid in an inner envelope, duly
marking the envelope as “Original” or “Copy”. The inner envelope shall then be
enclosed in an outer envelope. In the event of discrepancy between them the Original
shall prevail.
ii. The inner and outer envelopes shall be:
a) addressed to the purchaser at the following address.
b) Sr. Manager Material Management LESCO Limited, 22-A Queens Road, Lahore,
Tender No.(tender No.)__ and the words “DO NOT OPEN BEFORE _(Opening
time)_ ON _(Opening date)_” shall be written on them.
c) In addition to 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.”
iii. If the outer envelope is not sealed and marked, the purchaser will assume no
responsibility for the bid’s misplacement or its premature opening.
23.
LATE BID:
Bidder will himself be responsible for ensuring that his bid is submitted in accordance
with the instructions stated herein. Any bid not submitted by the deadline prescribed for
submission of Bids will not be considered even if it becomes late as a result of
circumstances beyond the Bidder’s control. Any tender received by the purchaser after
the date and time of tender opening will be returned un-opened to such tenderer.
24.
CLARIFICATIONS / AMENDMENT OF BID SCHEDULE:
i-
At any time prior to the deadline for submission of Bids, the purchaser 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.
ii- The prospective Tenderers requiring any clarification (s) in respect of tender documents
may notify the purchaser i.e Sr. Manager (M.M) LESCO Ltd. Lahore with a copy to Chief
Engineer (Design & Standard) PEPCO / WAPDA in writing or by Telex or FAX at the
mailing address of said offices. Purchaser will examine the request for clarification of the
Tender Documents which it receives not later than 7-days prior to the dead-line for the
submission of tenders and if needed will issue the clarification/amendment of the Tender
Documents at-least 7-days before the date of submission of Tenders (without identifying
the source of enquiry) to all prospective tenderers who have purchased the Tender
Documents.
iii- The amendment will be notified in writing or by telex or cable to all prospective Bidders
who have received the Bid schedule / Bidding documents and will be binding on them.
iv- In order to afford prospective bidders reasonable time in which to take the amendment
into account in preparing their Bids, the purchaser may at its discretion extend the
deadline for the submission of Bids.
25.
FORCE MAJEURE:
The right of LESCO to terminate the Contract, or to claim penalty or liquidated damages
shall be subject to the following circumstances, provided as a result of all or any of these
events there has been delay in the Performance of the Contract by the Manufacturer or
Supplier, or the Contract has become incapable of being performed:i.
ii.
iii.
iv.
Act of God;
Act of State, War or any Act of the Enemy;
Lock outs, Riots or Civil Commotion;
Injuction granted by a Court of Competent jurisdiction not resulting from any fault
of the Manufacturer or Suppliers;
v. Restriction imposed by the Government on the Import of any material relating to
the manufacture of goods.
vi. Diversion of supplies by the Carrier without any fault or knowledge of the
manufacturer or supplier.
Provided further that the Manufacturer or supplier has given notice to LESCO within
14-days of the happening of any such event.
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26.
RESPONSIBILITY FOR EXECUTING THE CONTRACT:
You are entirely responsible for the successful execution of the contract in all respects in
accordance with the terms and conditions as specified in the contract including the
schedule.
27.
FAILURE AND TERMINATION:
(A) If you fail to deliver the stores or any consignment thereof within the specified
delivery period, the purchaser shall be entitled at his option either:
I) To recover from you liquidated damages levied at the rate of two percent (2%) per
month or a fraction, thereof subject to a maximum of ten percent (10%) of the
contract price, except:
a) Where un-delivered stores hold up the use of other Stores, liquidated damages
shall be levied on the total value of the Contract.
b)
Recovery of liquidated damages mentioned above can be effected from any
payment due to you from any unit of LESCO/DISCOs/GENCOs/NTDC /
WAPDA, OR
II) to purchase from elsewhere without notice to you at your risk and cost, the stores
not delivered, without canceling the contract in respect of the consignment not yet
due for delivery.
III) to cancel the contract at your risk and cost.
In the event of action being taken under (ii) or (iii) above, you shall be liable for any loss
which the purchaser may suffer on the account, but you shall not be entitled to any gain
on repurchase made against the supply order.
(B) If during the course of execution of contract, you are black-listed by DISCOs /
GENCOs / NTDC / WAPDA / LESCO, or any other Electric Supply Company, the
purchaser may proceed with all or any of the actions detailed below:i) to allow the contract to run its course till completed in accordance with the
terms and conditions of Contract.
ii) to stop further supplies with or without financial repercussions.
iii) to cancel the contract with or without reservation of rights.
NOTE:-While determining liquidated damages the purchaser shall not consider any of the
following circumstances, a cause under “FORCE MAJEURE” and shall not allow any
relaxation in the liquidated damages on the account of:I)
II)
Delay on the part of the Contractor in the arrangement of raw materials.
Defect or failure occurring to any machinery or equipment installed at the
contractor works during the currency of the Contract.
28. FORFEITURE OF SECURITY BOND/GUARANTEE (PERFORMANCE BOND)
The Purchasing Officer will have the right to forfeit the security Bond/Guarantee
(performance bond).
A) If the Contractor:i)
ii)
iii)
iv)
v)
fails to supply the goods within the time specified.
commits any breach of contract.
fails to account for the Import License issued on account of the purchaser.
fails to account for the raw material secured by the contractor against any
License or permit issued on account of the Purchasing Officer.
fails to return drawings, design or any material belonging to the Purchasing
Officer which was to be returned in good condition to the Purchasing Officer
after the successful termination of the contract.
8
(B) for other reasons specified in the Purchase Order by the Purchasing Officer for forfeiting
the Security deposit. If the forfeiture of the security deposit does not compensate the
Purchasing Officer for losses suffered due to non-delivery or breach of contract for any
other reasons, the Purchasing Officer will have a right to forfeit other security deposits or
to recover the same from any other security deposit made in favour of any other unit of
DISCOs/GENCOs/NTDC/WAPDA/LESCO, or from any money due to the Contractor
from any unit of WAPDA/LESCO/ DISCOs/GENCOs/NTDC.
29.
DOCUMENTS/SAMPLES/CERTIFICATES
THE BID.
TO
BE
SUBMITTED
ALONGWITH
i. Certificate that General Conditions of Contract for purchases by PEPCO / WAPDA dated
12/08/1984 amended up to date and latest purchase procedure PPRA-2004 (amended
to date) are acceptable to the bidder and are hereby agreed to by the bidder.
ii. Bid Security of an amount not less than 2% of the total value of tender issued by a
Scheduled Bank of Pakistan only. (or as applicable if specified in the special condition above)
iii. Certificate that the material offered is in accordance with the WAPDA/ PEPCO / Tender
Specifications amended to date.
iv. Copy of letter of Prequalification for the material quoted in tender with WAPDA/DISCOs.
v. Copy of Letter of Current Renewal of Registration with WAPDA/PEPCO/DISCOs.
vi. Technical data along-with WAPDA / PEPSCO standard specification.
vii. Literature in English giving out salient feature of the quoted item (s).
viii. Copy of valid Prototype approval from Chief Engineer (Design & Standard) PEPCO /
WAPDA, if applicable.
ix. Declaration of fees, commission and brokerage etc. payable by the suppliers of goods,
services and works in contracts worth Rs 10 Million or more.
x. Deposit receipt of tender fee in original.
Signature of bidders
ADDRESS WITH OFFICE STAMP
9
To Whom It May Concern:
i. It is certificate that General Conditions of Contract for purchases
by PEPCO / WAPDA dated 12/08/1984 amended up to date and
latest purchase procedure PPRA-2004 (amended to date) are
acceptable / agreed.
ii. Certificate that the material offered is in accordance with the latest
WAPDA/ PEPCO / Tender Specifications (amended to date).
Signature of bidders
ADDRESS WITH OFFICE STAMP
10
Annexure-A
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 Number:
Dated:
Contract Value:
Contract Title:
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 or any administrative subdivision or agency thereof of any other
entity owned or controlled by it (GoP) through any corrupt business practice.
Name of Supplier
Without limiting the generality of the forgoing Name of Supplier represents and
warrants that it has fully declared the brokerage, commission, fees etc. paid or payable
to anyone and not given or agreed to give and shall not give or agree to give to anyone
within or outside Pakistan either directly or indirectly through any natural or juridical
person, including its affiliate, agent, associate broker, consultant, director, promoter,
shareholder, sponsor or subsidiary, any commission, gratification, bribe finder’s fee or
kickback, whether described as consultants fee or otherwise, with the object of obtaining
or inducing the procurement of a contract, right, interest, privilege or other obligation or
benefit in whatsoever form from 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 right 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
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, finder’s
fee or kickback given by Name of Supplier as aforesaid for the purpose of obtaining or
inducing the procurement of any contract, right , interest, privilege or other obligation or
benefit in whatsoever form from GoP.
Name of Supplier
[Buyer]
[Seller Supplier]
11
FORM OF TENDER SECURITY
(Bank Guarantee)
Guarantee No.______________
Executed on________________
Expiry Date________________
Letter by the Guarantor to the Purchaser.
Name of Guarantor (Bank) with address:__________________________________________________________________
Name of Principal (Tenderer ) with address: _______________________________________________________________
Penal Sum of Security (express in words and figures): _______________________________________________________
Tender Reference No.____________________Date of Tender__________
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Tender and at the request of the said
Principal,
we
the
Guarantor
above-named
are
held
and
firmly
bound
unto
the
_______________________________________ (hereinafter called the “Purchaser”) in the sum stated above, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Tender
numbered dated as above for _________________ __ __________________________(Particulars of Tender) to the said
Purchaser; and
WHEREAS, the Purchaser has required as a condition for considering said Tender that the Principal furnish a Tender
Security in the above said sum to the Purchaser, conditioned as under:
(1)
(2)
that the Tender Security shall remain valid for a period of _____days after tender opening date.
that in the event of;
a)
b)
c)
the Tenderer withdraws his Tender during the period of validity of Tender, or
the Tenderer does not accept the correction of his Tender Price.
failure of the successful tender to
i.
ii.
furnish the required Performance Security.
sign the proposed Contract Agreement/ Acceptance of P.O.
Then the entire sum be paid immediately to the said Purchaser as Liquidated Damages and not as penalty for the
successful tenderer’s failure to perform.
PROVIDED THAT the Guarantor shall forthwith pay to the Purchaser the said sum stated above upon first written demand
of the Purchaser without cavil or argument and without requiring the Purchaser to prove or to show grounds or reasons for
such demand notice of which shall be sent by the Purchaser by registered post duly addressed to the Guarantor at its
address given above.
PROVIDED ALSO THAT the Purchaser shall be the sole and final judge for deciding whether the Principal has duly
performed his obligation to sign the Contract Agreement and to furnish the requisite Performance Security within the time
stated above, or has defaulted in fulfilling said requirements and the Guarantor shall pay without objection the sum stated
above upon first written demand from the Purchaser forthwith and without any reference to the Principal or any other
person.
IN WITNESS WHEREOF, the above bounden Guarantor has executed the instrument under its seal on the date indicated
above, the name and seal of the Guarantor being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
Witness:
1. Signature__________________
1.
______________________
2. Name. ____________________
______________________
(Corporate Secretary (Seal)
3. Title.
______________________
____________________________
_______________________
(Name, Title & Address)
(Seal)
____________________________
(Corporate Guarantor (Seal)
2.
___________________
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___________________
(Guarantor (Bank)
FORM OF PERFORMANCE SECURITY
(Bank Guarantee)
Guarantee No.______________
Executed on________________
Expiry Date________________
Letter by the Guarantor to the Purchaser.
Name of Guarantor (Bank) with address:__________________________________________________________________
Name of Principal (Tenderer) with address: _______________________________________________________________
Penal Sum of Security (express in words and figures): _______________________________________________________
L.O.I/Contract No.__________________________
Dated __________
Letter of Acceptance No._____________________
Dated __________
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Tender Documents and above said Letter of
Acceptance (hereinafter called the Documents) and at the request of the said Principal, we the Guarantor above-named are
held and firmly bound unto the _______________________________________ (hereinafter called the “Purchaser”) in the
sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has accepted the Purchaser’s above said
Letter of Acceptance for ____________________________________________ (name of Contract) for the
_____________________________________________(Name of Project)
NOW WHEREAS, if the Principal (Contractor) shall well and truly perform and fulfill all the undertakings, covenants, terms
and conditions of the said Documents during the original terms of the Said Documents and any extensions thereof that
may be granted by the Purchaser, with or without notice to the Guarantor, which notice is, hereby, waived and shall also
well and truly perform and fulfill all the undertakings, covenants terms and conditions of the Contract and of any and all
modifications of said Documents that may hereafter be made, notice of which modifications to the Guarantor being hereby
waived, then, this obligation to be null and void; otherwise to remain in full force and effect till________________(Date).
Our total liability under this Guarantee is limited to the sum stated above and it is a condition of any liability attaching to us
under this Guarantee that the claim for payment in writing shall be received by us within the validity period of this
Guarantee, failing which we shall be discharged of our liability, if any, under this Guarantee.
We, _____________________________________(the Guarantor), waiving all objections and defenses under the Contract,
do hereby irrevocably and independently guarantee to pay to the Purchaser without delay upon the Purchaser’s first written
demand without cavil or arguments and without requiring the Purchaser to prove or to show grounds or reasons for such
demand any sum or sums up to the amount stated above, against the Purchaser’s written declaration that the Principal has
refused or failed to perform the obligations under the Contract which payment will be effected by the Guarantor to
Purchaser’s designated Bank & Account Number i.e ______________________
PROVIDED ALSO THAT the Purchaser shall be the sole and final judge for deciding whether the Principal (Contractor) has
duly performed his obligation under the Contract or has defaulted in fulfilling said obligations and the Guarantor shall pay
without objection any sum or sums up to the amount stated above upon first written demand from the Purchaser forthwith
and without any reference to the Principal or any other person.
IN WITNESS WHEREOF, the above bounden Guarantor has executed this Performance Guarantee under its seal on the
date indicated above, the name and corporate seal of the Guarantor being hereto affixed and these presents duly signed
by its undersigned representative, pursuant to authority of its governing body.
__________________
(Guarantor (Bank)
Witness:
1. Signature__________________
1.
______________________
2. Name. ____________________
______________________
(Corporate Secretary (Seal)
3. Title.
______________________
____________________________
_______________________
(Name, Title & Address)
(Seal)
____________________________
(Corporate Guarantor)
(Seal)
2.
___________________
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