Standard Bidding Documents (SBDs) for Procurement of Video Conferencing & Allied IT Equipment for...

8/10/2019 Standard Bidding Documents (SBDs) for Procurement of Video Conferencing & Allied IT Equipment for KMC Pesha

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Supply, Installation and Configuration of Video Conferencing System, Networking & Allied Information Technology Equipment

for Khyber Medical College, Peshawar, Khyber Pakhtunkhwa

Signature & Stamp of Bidder: 1

Khyber Medical College, Peshawar

Khyber Pakhtunkhwa

Standard Bidding DocumentsFor

Supply, Installation and Configuration of Video Conferencing System,Networking & Allied Information Technology Equipment

under

National Competitive Bidding (NCB)

April 2013


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Preface

These Standard Bidding Documents have been prepared for use by KhyberMedical College, Peshawar, Khyber Pakhtunkhwa for procurement of VideoConferencing System, Networking and allied Information Technologyequipmentthrough National Competitive Bidding (NCB) under NWFP Procurementof Goods, Works & Consulting Services Ordinance 2002 and NWFP Procurement ofGoods, Works & Services Rules 2003.

In order to simplify the preparation of the standard bidding documents foreach procurement, the said Bidding Documents are grouped in two parts based onprovisions which are fixed and that which are specific for each procurement.

Provisions which are intended to be used unchanged are in Part-One, whichincludes Instructions to Bidders (ITB) and General Conditions of Contract (GCC).

Part-Two has six sections. Any amendment or variation in the Instructions ToBidders (ITB) and the General Conditions of Contract (GCC) in Part-I, regardingcontract data and procurement specific provisions, will be carried out in Bid DataSheet (BDS) & Special Conditions of Contract (SCC) respectively in Part-Two:Section-I which includes Invitation For Bid (IFB), Bid Data Sheet (BDS) & SpecialConditions of Contract (SCC). Part-Two: Section-II includes Technical & FinancialEvaluation Criteria for the bidder and the intended Goods. Part-Two: Section-IIIfurther includes existing IT Infrastructure at KMC Peshawar. Part-Two: Section-IVcontains Technical Requirements. Part-Two: Section-V also contains standardized

Sample Forms and Tables to be submitted by the bidder; and Part-Two: Section VIcontains in the end, exceptions to the list of eligible countries for the procurementactivity under consideration.

Each section is prepared with notes [in italics]intended only as information forthe Purchaser or the person drafting the bidding documents. They shall not beincluded in the final documents.


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Part-One

FIXED CONDITIONS OF CONTRACT

1.Instructions to Bidders (ITB)2. General Conditions of Contract (GCC)

Bidders are advised to read the contents of the Instruction to Bidders (ITB) carefully

for filling up the Bidding Documents properly in order to become responsive.


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Table of contents

Sr. No Part-I: Fixed conditions of Contract Page No.

1 Instructions to Bidders...................................................................................................... 7

2 General Conditions of Contract (GCC).......... ............... .............. ............. .............. .............. . 27

Part-Two: Variable Conditions of Contract

Section-I: Procurement Specific Provisions

1 Invitation For Bids (IFB)............. .............. .............. .............. ................ ......... ................ ......... 101

2 Bid Data Sheet (BDS).......... ................ .............. ................ .............. ............. ............. ............ 103

3 Special Conditions of Contract (SCC)........ ............. ............... .............. .............. ................ ... 107

Section-II: Evaluation Criteria

1 Technical Evaluation Criteria................ ................ .............. .............. ............ ................ ......... 122

2 Financial Evaluation Criteria............... .............. .............. ................ ............. .............. ............ 125

Section-III: Existing IT Infrastructure 127

Section-IV:Technical Requirements................................................................................ 137

1. Scope of Services for the Vendor 136

2. Technical Specifications

i Video Conferencing Functionalities & Codecs. 143

ii Blade Servers .. 148

iii Layer-2 Switches 148

iv Distribution Switches 150

v Core Switch. 150

vi Firewall. 150

vii Access Point 150

viii SFPs. 150

ix Wireless Controller. 150
http://d/DELIVER-INAM/Consultative%20Meetings/KPK/DOH/DOH%20Procurement/Standard%20Bidding%20Document%20-Drugs%20&%20Medicines%20-%20DOH%20KPK.docx%23_Toc326764834http://d/DELIVER-INAM/Consultative%20Meetings/KPK/DOH/DOH%20Procurement/Standard%20Bidding%20Document%20-Drugs%20&%20Medicines%20-%20DOH%20KPK.docx%23_Toc326764834


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x LED LCD Screen-80. 152

xi UPS 5-kVA. . 153

xii UPS 3-kVA. 154

xiii IP Cameras. 154

xiv Photocopier with Computer support. .. 156

xv Desktop Computers... 157

xvi Racks & Computer Furniture.... 158

3. Bill of Quantities (BOQs) for Lot-1 & Lot-2............ ................ .............. ............ .............. ........ 161

4. Testing and Quality Assurance Requirements. 162

5. Implementation Schedule Table............... .............. .............. ............. .............. ............... ....... 187

6. System Inventory Table (Recurrent Cost)............ ............... .............. .............. .............. ........ 188

7. Site Table.................. ............... ............. ................ .............. ............. ............... ............... ....... 188

8. Table of Holidays and Other Non-Working Days. 189

9. Required Format Of Technical Bids 191

iDescription of the Information Technologies, Materials, OtherGoods & services. .. 191

ii Item-by-Item Commentary on the Technical Requirements 191

iii Preliminary Project Plan 191

iv Confirmation of Responsibility for Integration and Interoperabilityof Information Technologies.. 192

10. Technical Responsiveness Check............... ............... ............... .............. ............. ............... .. 193

Section-V: Sample Forms

i Bid Form............... ................ .............. .............. ................ ............. .............. ........... 198

ii Bid Table of Contents & Check-list............. .............. ................ .......... ............. ....... 200

Price Schedules

i Preamble.............. ............... ............... .............. .............. .............. ............. ............. 200

ii Grand summary Cost Table................. ................ .............. ............. ............... ........ 202

iii Supply & Installation Cost Summary Table 203

Recurrent Summary Cost Table.................. ................ ............... ......... ............. .... 204

Other Forms & Lists

i Country of Origin................. .............. ............... .............. ............... ........... ............. 205

ii Manufacturing Authorization Form (MAF) ............. .............. ............. .............. ...... 206

iii List of Proposed Sub-Contractors/Sub-Consultants........... ............ ............... ....... 208


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iv Software List.............. ............... ............. ................ .............. .......... .............. ......... 209

iv List of Custom materials............... .............. .............. ................. .......... ............. .... 210

v General Information Form............... ................ .............. ................ ........ ............. .. 211

vi Joint Venture Summary.............. .............. .............. .............. ............. .............. ..... 212

vii General Information Systems Experience Record................ ......... ............... ........ 213

viii Detail of Contracts of Similar Nature & Complexity.................. ........... ............... .. 213ix Summary Sheet: Current Contract Commitments / Work in Progress.............. .. 214

x Personnel Capabilities................... .............. ................ ............... ............... ........ ... 216

xi Financial Capabilities. 217

xii Candidate Summary............... .............. ............... .............. ............... ............... ..... 217

xiii Litigation History.............. .............. .............. ................ ............... ............... ....... .... 218

Xiv Form of Contract........... ................ .............. .............. ................. ............. .......... ... 219

Xv Appendices.. 225

Section-VI: Country Eligibility Criteria

Eligible Countries. 241


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Part-One

Instructions To Bidders (ITB)

1. Scope of Bid ........................................................................................................................................ 7

2. Source of Funds .................................................................................................................................. 7

3. Eligibility & Qualification of Bidders. ................................................................................................ 7

4. Corruption and Fraud. ........................................................................................................................ 8

5. Eligible Goods and Services. ............................................................................................................. 8

6. Cost of Bidding. ................................................................................................................................. 9

7. Bidding for Selective Items. ............................................................................................................... 9

The Bidding Procedure 9

8. The Governing Rules. ......................................................................................................................... 9

9. Applicable Bidding Procedure. ........................................................................................................ 10

The Bidding Documents 10

10. Contents of the Bidding Documents ............................................................................................... 10

11. Clarification(s) on Bidding Documents. .......................................................................................... 11

12. Amendment(s) to the Bidding Documents...................................................................................... 11

Preparation of Bids 11

13. Language of Bids. ............................................................................................................................. 11

14. Documents comprising the Bids. .................................................................................................... 12

15. Bid Price............................................................................................................................................. 12

16. Bid Currencies. .................................................................................................................................. 12

17. Documents Establishing the Conformity of the Information System to the BiddingDocuments. ........................................................................................................................................ 13

18. Documentation on Eligibility of Bidders. ........................................................................................ 13

19. Format & signing of Bids.................................................................................................................. 13

20. Bid Security. ...................................................................................................................................... 13

21. Bid Validity. ........................................................................................................................................ 13

22. Format and Signing of Bids. ............................................................................................................ 14

Submission of Bids 14

23. Sealing and Marking of Bids. ........................................................................................................... 14

24. Deadline for Submission of Bids ..................................................................................................... 15

25. Late Bids ............................................................................................................................................ 15

26. Withdrawal of Bids ............................................................................................................................ 15

Opening and Evaluation of Bids 15


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27. Opening of Bids by the Procuring Agency. .................................................................................... 16

28. Clarification of Bids. ......................................................................................................................... 16

29. Preliminary Examination. ................................................................................................................. 16

30. Evaluation of Bids. ............................................................................................................................ 17

31. Qualification of Bidder ...................................................................................................................... 17

32. Rejection of Bids ............................................................................................................................... 17

33. Re-Bidding ......................................................................................................................................... 17

34. Announcement of Evaluation Report .............................................................................................. 18

35. Contacting the Procuring Agency. .................................................................................................. 18

Award of Contract

36. Acceptance of Bid and Award Criteria. ........................................................................................... 18

37. Procuring Agencys Right to vary quantities at the time of Award. ...................................... 18

38. Notification of Award. ....................................................................................................................... 19

39. Limitation on Negotiations. .............................................................................................................. 19

40. Signing of Contract. .......................................................................................................................... 19

41. Performance Guarantee..............................19


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Instructions to Bidders (ITB)

Scope of Bid

1.1 The Client or Purchaser as mentioned in the Bid Data Sheet (BDS)invites bids for supply of Goods specified in the Schedule of

Requirements along with Technical Specifications and relatedservices incidental thereto to meet the requirement of Khyber MedicalCollege, Peshawar, Khyber Pakhtunkhwa with Bid Reference Numberfor the procurement activity as mentioned in Bid Data Sheet (BDS).

1.2 Means of communication for the bidders will be true and originalsigned copies of documents and letters to be submitted either inperson or through registered post/courier service with proof of receipt.Phone, fax, telex and email can be used only for information/inquirypurposes to the Purchaser or his representative at the address asspecified in the Bid Data Sheet (BDS).

2. Source of Funds

2.1 The client as mentioned in the Bid Data Sheet (BDS)

3. Eligibility & Qualification of Bidders.

3.1 By submission of documentary evidence in its bid, the Bidder mustestablish to the Purchasers satisfaction:

(a) that it has the financial, technical, and production capability necessaryto perform the Contract, meets the qualification criteria specified in theBDS, and has a successful performance history. Domestic Preferencewill only be given to local bidders in case of International Competitive

Bidding if activated in Bid Data Sheet (BDS). If a pre-qualificationprocess has been undertaken for the Contract(s) for which theseBidding Documents have been issued, the Bidder shall, as part of itsbid, update any information submitted with its application for pre-qualification;

(For the purposes of establishing a Bidders qualifications, and unlessstated to the contrary in the BDS, the experience and / or resources ofany Subcontractor will not contribute to the Bidders qualifications; onlythose of a Joint Venture partner will be considered).


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the provisions of this Clause 3.2 (e) apply only to bids for the sameSubsystem(s), lot(s), or slice(s);

(f) all partners of the Joint Venture shall be liable jointly and severally forthe execution of the Contract in accordance with the Contract terms,and a statement to this effect shall be included in the authorizationmentioned under ITB Clause 3.2 (b) above, in the bid as well as in the

Contract (in case of a successful bid).

3.3 If a Bidder intends to subcontract major items of supply or services, itshall include in the bid details of the name and nationality of theproposed Subcontractor, including vendors, for each of those itemsand shall be responsible for ensuring that any Subcontractorproposed complies with the requirements of ITB Clause 4, and thatany Goods or Services components of the Information System to beprovided by the Subcontractor comply with the requirements of ITBClause 5 and the related evidence required by ITB Clause 13.1 (e)(iii) is submitted. Bidders are free to list more than one Subcontractor

against each item. Quoted rates and prices will be deemed to apply,whichever Subcontractor is appointed, and no adjustment of the ratesor prices will be permitted. The Purchaser reserves the right to deleteany proposed Subcontractor from the list. This shall be done prior toContract signature, by deleting such unacceptable Subcontractorsfrom Appendix-3 to the Contract Agreement, which shall list theapproved Subcontractors for each item prior to Contract signature.Subsequent additions and deletions from the list of approvedSubcontractors shall be performed in accordance with GCCClause 20 (as revised in the SCC, if applicable) and Appendix 3 to theContract Agreement.

For the purposes of these Bidding Documents, a Subcontractor is anyvendor or service provider with whom the Bidder contracts for thesupply or execution of any part of the Information System to beprovided by the Bidder under the Contract (such as the supply ofmajor hardware, software, or other components of the requiredInformation Technologies specified, or the performance of relatedServices, e.g., software development, transportation, installation,customization, integration, commissioning, training, technical support,maintenance, repair, etc.).

3.4 Bidders under a declaration of ineligibility for corrupt and fraudulentpractices issued by any Government (Federal, Provincial or Local) ora public sector organization are NOT ELIGIBLE.

3.5 A Bidder shall not have a conflict of interest. All bidders found to haveconflict of interest shall be disqualified. Bidders may be considered tohave a conflict of interest with one or more parties in this biddingprocess, if they:


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(a) are or have been associated in the past, with a firm or any of itsaffiliates which have been engaged by the Purchaser to provideconsulting services for the preparation of the design, specifications, andother documents to be used for the procurement of the goods to bepurchased under these Standard Bidding Documents ; or

(b) submit more than one bid in this bidding process, except for alternativeoffers permitted under ITB Clause 15.6 of these Standard Biddingdocuments. However, this does not limit the participation ofsubcontractors in more than one bid.

3.6 Bidders shall provide such evidence of their continued eligibilitysatisfactory to the Purchaser, as the Purchaser shall reasonablyrequest.

4. Corruption and Fraud.

4.1 The Government of Khyber Pakhtunkhwa defines Corrupt and

Fraudulent Practices as the offering, giving, receiving, or soliciting ofanything of value to influence the action of a public official or thesupplier or contractor in the procurement process or in contractexecution to the detriment of the Procuring agencies; ormisrepresentation of facts in order to influence a procurement processor the execution of a contract, collusive practices among bidders (priorto or after bid submission) designed to establish bid prices at artificial,non-competitive levels and to deprive the Procuring agencies of thebenefits of free and open competition and any request for, or solicitationof anything of value by any public official in the course of the exercise ofhis duty.

4.2 Indulgence in corruption and fraudulent practices is liable to result inrejection of Bids, cancellation of contracts, debarring and blacklisting ofthe Bidder, for a stated or indefinite period of time.

5. Eligible Goods and Services.

For the purposes of these Bidding Documents, the Information Systemmeans all:

(a) the required information technologies, including all informationprocessing and communications-related hardware, software, supplies,and consumable items that the Supplier is required to supply and installunder the Contract, plus all associated documentation, and all other

materials and goods to be supplied, installed, integrated, and madeoperational (collectively called the Goods in some clauses of the ITB);and

(b) the related software development, transportation, insurance,installation, customization, integration, commissioning, training,technical support, maintenance, repair, and other services necessaryfor proper operation of the Information System to be provided by theselected Bidder and as specified in the Contract.


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6. Cost of Bidding.

6.1 The Bidding Documents will be available from the date of publishing ofthe IFB and will be available upto to the period as mentioned in the BidData Sheet. The Bidder shall bear all costs associated with thepreparation and submission of its bid, and the Procuring Agency shall inno case be responsible or liable for those costs, regardless of theconduct or outcome of the bidding process.

7. Bidding for Selective Items.

7.1 A Bidder, if he so chooses, can bid for selective items, sub-systems orslices from the list of goods provided for in the Schedule ofRequirements. A Bidder is also at a liberty to bid for all the goodsmentioned in the Schedule of Requirements provided he fulfills therequirements.

However, a Bidder cannot bid for partial quantities of an item in the

Schedule of requirement. THE BID MUST BE FOR THE WHOLEQUANTITY OF AN ITEM REQUIRED IN THE SCHEDULE OFREQUIREMENT.

The Bidding Procedure8. The Governing Rules.

8.1 The Bidding procedure shall be governed by the Procurement ofGoods, Works and Services Rules, 2003 of the Government of KhyberPakhtunkhwa.

9. Applicable Bidding Procedure.

9.1 The bidding procedure is governed by Rule 40 Two-envelop tenderingof Procurement of Goods, Works and Services Rules, 2003 of theGovernment of Khyber Pakhtunkhwa. Bidders are advised also to referto the Bid Data Sheet (BDS) to confirm the Bidding procedureapplicable in the present bidding process.

9.2 The bidding procedure prescribed in the Bid Data Sheet above isexplained below:

Two Envelope Procedure

i) The bid shall comprise a single package containing two separateenvelopes. Each envelope shall contain separately the financialproposal and the technical proposal;ii) the envelopes shall be marked as FINANCIAL PROPOSAL andTECHNICAL PROPOSAL in bold and legible letters to avoidconfusion;iii) Initially, only the envelope marked TECHNICAL PROPOSALshall be opened; technical proposal is to determine the technicalstrength and consideration of the illegibility of the firm for the bidding


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process, which is to be carried out before the opening of the financialbids.iv) the envelope marked as FINANCIAL PROPOSAL shall beretained in the custody of Procuring Agency without beingopened;v) the Procuring Agency shall evaluate the technical proposal,

without reference to the price and reject any proposal which donot conform to the specified requirements;vi) during the technical evaluation no amendments in thetechnical proposal shall be permitted;vii) the financial proposals of bids shall be opened publicly at atime, date and venue to be announced and communicated tothe Bidders in advance;viii) After the evaluation and approval of the technical proposalthe Procuring Agency shall at a time within the bid validityperiod, publicly open the financial proposals of the technicallyaccepted bids only. The financial proposal of bids found

technically non-responsive shall be returned un-opened to therespective Bidders; andix) The bid found to be the lowest evaluated bid shall beaccepted

The Bidding Documents

10. Contents of the Bidding Documents

10.1 The contents of the Bidding Documents are listed below and should beread in conjunction with any addenda issued in accordance with ITBClause 12 and in addition to the Invitation for Bids.

Part-I: Fixed conditions of Contract

General Conditions of Contract (GCC)Instructions to Bidders (ITB)

Part-II: Variable Conditions of Contract

Section I Invitation For Bid (IFB)Bid Data Sheet (BDS)Special Conditions of Contract (SCC)

Section II Evaluation Criteria

Section III Existing IT Infrastructure at KMC, Peshawar

Section IV Technical Requirements (including ImplementationSchedule)

Section V Sample Forms


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Section VI Eligibility for the Provision of Goods, Works, and Services

10.2 The Invitation for Bids (IFB) is not a formal part of the BiddingDocuments and is included as a reference only. In case ofdiscrepancies between the Invitation for Bid and the BiddingDocuments listed in 10.1 above, the Bidding Documents shall takeprecedence.

10.3 The Bidder is expected to examine all instructions, forms, terms, andspecifications in the Bidding Documents. Failure to furnish allinformation required by the Bidding Documents or to submit a bid notsubstantially responsive to the Bidding Documents in every respectshall be at the Bidders risk and may result in the rejection of its bid.

11. Clarification(s) on Bidding Documentsand Pre-bid Meeting.

11.1 A prospective Bidder requiring any clarification(s) on the Bidding

Documents may notify the Procuring Agency

1

in writing at theProcuring Agencys address indicated in the Bid Data Sheet (BDS).Similarly, if a Bidder feels that any important provision in thedocuments will be unacceptable, such an issue should be raised assoon as possible. The Purchaser will respond in writing to anyrequest for clarification or modification of the Bidding Documents thatit receives no later than fourteen (14) days prior to the deadline forsubmission of bids prescribed by the Purchaser. Copies of thePurchasers response (including an explanation of the query but notidentifying its source) will be sent to all prospective Bidders thatreceived the Bidding Documents from the Purchaser.

11.2 When specified in the BDS, the Purchaser will organize andBidders are welcome to attend a pre-bid meeting at the time and placeindicated in the BDS. The purpose of the meeting will be to clarifyissues and answer questions on any matter that may be raised at thisstage, with particular attention to issues related to the TechnicalRequirements. Bidders are requested to submit any questions inwriting to reach the Purchaser not later than one week before themeeting. Questions and answers will be transmitted in accordance withITB Clause 11.1. Minutes of the meeting, including the questionsraised and responses given, together with any responses preparedafter the meeting, will be transmitted without delay to all those thatreceived the Bidding Documents from the Purchaser. Any modificationto the Bidding Documents listed in ITB Clause 10.1, which may becomenecessary as a result of the pre-bid meeting, shall be made by thePurchaser exclusively by issuing an Addendum pursuant to ITB Clause

1In this case Principal, Khyber Medical College, Peshawar, Khyber Pakhtunkhwa is the Procuring Agency.


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11 and not through the minutes of the pre-bid meeting.

12. Amendment(s) to the Bidding Documents.

12.1 At any time prior to the deadline for submission of bids,the Procuring Agency, for any reason, whether at its owninitiative or in response to a clarification(s) requested by a

prospective Bidder, whether in a Pre-Bid Meeting to be held ona date specified in the Bid Data Sheet (BDS)may modify theBidding Documents by amendment(s).

12.2 All prospective Bidders that have received the BiddingDocuments shall be notified of the amendment(s) in writingthrough Post, e-mail or fax, and shall be binding on them.

12.3 In order to allow prospective Bidders reasonable time fortaking the amendment(s) into account in preparing their bids,the Procuring Agency, at its discretion, may extend the deadlinefor the submission of bids.

Preparation of Bids13. Language of Bids.

13.1 All correspondences, communications, associated withpreparation of Bids, clarifications, amendments, submissionsshall be written in English. Supporting documents and printedliterature furnished by the Bidder may be in another languageprovided they are accompanied by an accurate translation of therelevant passages in English, in which case, for purposes ofinterpretation of the Bid, the said translation shall take

precedence.

14. DocumentsComprisingthe Bid

14.1 The bid submitted by the Bidder shall comprise:(a) a Bid Form duly completed and signed by a person or

persons duly authorized to bind the Bidder to the Contract;

(b) all Price Schedules duly completed in accordance with ITBClauses 15, 16, and 21 and signed by a person or personsduly authorized to bind the Bidder to the Contract;

(c) bid security furnished in accordance with ITB Clause 20;

(d) written confirmation authorizing the signatory of the bid tocommit the Bidder, in accordance with ITB Clause 19.2;

(e) Attachments:(i) Attachment 1: Bidders EligibilityIn the absence of pre-qualification, documents establishing tothe Purchasers satisfaction the Bidders eligibility to bid,including but not limited to documentary evidence that the


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Bidder is legally incorporated in a territory of an eligible sourcecountry as defined under ITB Clause 5;

(ii) Attachment 2: Bidders QualificationsDocumentary evidence establishing to the Purchaserssatisfaction, and in accordance with ITB Clause 31, that theBidder is qualified to perform the Contract if its bid is accepted.In the case where pre-qualification of Bidders has beenundertaken, and pursuant to ITB Clause 3.1(b), the Bidder mustprovide evidence on any changes in the information submittedas the basis for pre-qualification or, if there has been no changeat all in said information, a statement to this effect;

Any Manufacturers Authorizations specified as required in theBDS for ITB Clause 3.1 (b);

(iii) Attachment 3: Eligibility of Goods and ServicesDocuments establishing, to the Purchasers satisfaction, thatthe Goods and Services components of the Information Systemto be supplied, installed, and/or performed by the Bidder areeligible Goods and Services as defined under ITB Clause 5. Ifawarded the Contract, the Bidder shall submit for suchcomponents of the Information System evidence of eligibility,which shall be confirmed by a certificate of origin issued at thetime of shipment;

(iv) Attachment 4: Conformity of the Information System tothe Bidding Documents

Documentary evidence establishing to the Purchaserssatisfaction, and in accordance with ITB Clause 17, that theGoods and Services components of the Information System tobe supplied, installed, and/or performed by the Bidder conformto the Bidding Documents;

(v) Attachment 5: Proposed SubcontractorsA list of all major items of Goods or Services that the Bidderproposes to purchase or subcontract from others, and the nameand nationality of the proposed Subcontractor, includingvendors, for each of those items;

(vi) Attachment 6: Intellectual Property

A list of:(1) all Software included in the Bidders bid, assigning eachitem to one of the software categories defined in GCC Clause1.1 (c):(A) System, General Purpose, and Application Software; and(B) Standard and Custom Software.

(2) all Custom Materials, as defined in GCC Clause 1.1 (c),


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included in the Bidders bid.

All Materials not identified as Custom Materials shall bedeemed Standard Materials, as defined in GCC Clause 1.1 (c).

Re-assignments among the Software and Materials categories,

if necessary, will be made during the implementation of theContract according to GCC Clause 39 (Changes to theSystem).

15. Bid Prices 15.1 All Goods and Services identified in the Supply and InstallationCost Summary Table and the Recurrent Cost Summary Tablein Section V (Forms 2.1 and 2.2), and all other Goods andServices proposed by the Bidder to fulfill the requirements ofthe Information System, must be priced separately in the formatof the same tables and summarized in the corresponding CostSummary Tables in the same Section. Prices must be quotedin accordance with the instructions provided in Section V for thevarious cost tables, in the manner specified below.

15.2 The price of items that the Bidder has left blank in the costtables provided in section V shall be assumed to be included inthe price of other items. Items omitted altogether from the costtables shall be assumed to be omitted from the bid and,provided that the bid is substantially responsive, an adjustmentto the bid price will be made during evaluation in accordancewith ITB Clause 30(c)(iii).

15.3 Unit prices must be quoted at a level of detail appropriate for

calculation of any partial deliveries or partial payments underthe contract, in accordance with the Implementation Schedulein Section VI, and with GCC and SCC Clause 12 Terms ofPayment. Bidders may be required to provide a breakdown ofany composite or lump-sum items included in the Cost Tables.

15.4 The prices for Goods components of the System are to beexpressed and shall be defined and governed in accordancewith the rules prescribed in the edition of Incoterms specified inthe BDS, and quoted in the appropriate columns of the costtables of Section V as follows:

A. Goods supplied from outside the Purchasers country:

Unless otherwise specified in the BDS, the prices shall bequoted on a CIP (named place of destination) basis,exclusive of all taxes, stamps, duties, levies, and feesimposed in the Purchasers country. The named place ofdestination and special instructions for the contract ofcarriage are as specified in the BDS. In quoting the price,


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the Bidder shall be free to use transportation throughcarriers registered in any eligible countries. Similarly, theBidder may obtain insurance services from any eligiblesource country.

(b) Locally supplied Goods:

Unit prices of Goods offered from within the PurchasersCountry, shall be quoted on an EXW (ex factory, ex works,ex warehouse or off-the-shelf, as applicable) basis,including all customs duties, levies, fees, sales and othertaxes incurred until delivery of the Goods, but excluding allVAT or sales and other taxes and duties/fees incurred forthe Goods at the time of invoicing or sales transaction, ifthe Contract is awarded.

(c) Inland transportation:

Unless stated otherwise in the BDS, inland transportation,insurance and related local costs incidental to the deliveryof the Goods to the designated Project Sites must bequoted separately as a Service item in accordance withITB Clause 14.5, whether the Goods are to be suppliedlocally or from outside the Purchasers country, exceptwhen these costs are already included in the price of theGoods, as is, e.g., the case, when ITB Clause 15.4 (a)specifies CIP, and the named places of destination are theProject Sites.

15.6 Prices for Recurrent Costs to be incurred during the Warranty

Period, defined in SCC Clause 29.4 and during the Post-Warranty Period, defined in SCC Clause 1.1. (e) (xii), shall bequoted as Service prices in accordance with ITB Clause 15.5on the on the Recurrent Costs Summary Form in currencytotals. Recurrent costs are all-inclusive of the costs ofnecessary Goods such as spare parts, software licenserenewals, labor, etc., needed for the continued and properoperation of the System and, if appropriate, of the Bidders ownallowance for price increases.

15.7 Unless otherwise specified in the BDS, prices quoted by the

Bidder shall be fixed during the Bidders performance of theContract and not subject to increases on any account includinginflation/fluctuation in the currency exchange rate of goods andservices in the local or international market. Bids submittedthat are subject to price adjustment will be rejected.

16. Bid Currencies.

16.1 Prices shall be quoted in the currency as mentioned in the


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Bid Data Sheet (BDS).

(a) The Bidder shall quote its prices for all InformationTechnologies, associated Goods, and Services to be suppliedfrom outside the Purchasers Country entirely in the currency ofthe Purchasers Countryunder the Incoterms specified in the BidData Sheet (BDS).

(b) Unless specified otherwise in the BDS, the Bidder shallexpress its prices for such Information Technologies, associatedGoods, and Services to be supplied locally (i.e., from within thePurchasers Country) in the currency of thePurchasers Country.

17. DocumentsEstablishing theConformityof the

InformationSystem tothe BiddingDocuments

17.1 Pursuant to ITB Clause 14.1 (e) (iv), the Bidder shall furnish,as part of its bid, documents establishing the conformity tothe Bidding Documents of the Information System that theBidder proposes to supply and install under the Contract.

17.2 The documentary evidence of conformity of the InformationSystem to the Bidding Documents shall be in the form ofwritten descriptions, literature, diagrams, certifications, andclient references, including:

(a) the Bidders technical bid, i.e., a detailed description ofthe Bidders proposed technical solution conforming inall material aspects with the Technical Requirements(Section IV) and other parts of these BiddingDocuments, overall as well as in regard to the essentialtechnical and performance characteristics of eachcomponent making up the proposed Information

System;

(b) an item-by-item commentary on the PurchasersTechnical Requirements, demonstrating the substantialresponsiveness of the Information System offered tothose requirements. In demonstrating responsiveness,the commentary shall include explicit cross referencesto the relevant pages in the supporting materialsincluded in the bid. Whenever a discrepancy arisesbetween the item-by-item commentary and anycatalogs, technical specifications, or other preprinted

materials submitted with the bid, the item-by-itemcommentary shall prevail;

(c) a Preliminary Project Plan describing, among otherthings, the methods by which the Bidder will carry out itsoverall management and coordination responsibilities ifawarded the Contract, and the human and otherresources the Bidder proposes to use. The Plan shouldinclude a detailed Contract Implementation Schedule in


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bar chart form, showing the estimated duration,sequence, and interrelationship of all key activitiesneeded to complete the Contract. The PreliminaryProject Plan must also address any other topicsspecified in the BDS. In addition, the PreliminaryProject Plan should state the Bidders assessment of

what it expects the Purchaser and any other partyinvolved in the implementation of the InformationSystem to provide during implementation and how theBidder proposes to coordinate the activities of allinvolved parties;

(d) a written confirmation that the Bidder acceptsresponsibility for the successful integration and inter-operability of all components of the Information Systemas required by the Bidding Documents.

17.3 For purposes of the commentary to be furnished pursuant toITB Clause 17.2 (b), the Bidder shall note that references tobrand names or model numbers or national or proprietarystandards designated by the Purchaser in its TechnicalRequirements are intended to be descriptive and notrestrictive. Except where explicitly prohibited in the BDS forspecific items or standards, the Bidder may substitutealternative brand/model names or standards in its bid,provided that it demonstrates to the Purchasers satisfactionthat the use of the substitute(s) will result in the InformationSystem being able to perform substantially equivalent to or

better than that specified in the Technical Requirements.

18.Documentation on Eligibility of Bidders.

18.1 Bidder shall furnish, as part of its bid, the BidForm provided in Part-Two: Section IV of the StandardBidding Documents as specified in the Bid Data Sheet(BDS), establishing the Bidders eligibility to bid and itsqualifications to perform the Contract if its bid is accepted.

18.2 Other Bid Forms & Tables provided in Part-Two:Section V of the Standard Bidding Documents for the

preparation of Technical Bids by the bidder to be submittedwith quotations as specified in Bid data Sheet (BDS).

18.3 The documentary evidence of the Bidderseligibility to bid shall establish to the Procuring Agencyssatisfaction that the Bidder, at the time of submission of itsbid, is an eligible bidder as defined under ITB Clause 3 ofthese Standard Bidding documents above.


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19. Format andSigning ofBid

19.1 The Bidder shall prepare an original and the number ofcopies/sets of the bid specified in the BDS, clearly markingeach one as ORIGINAL BID, COPY NO. 1, COPYNO. 2, etc., as appropriate. In the event of anydiscrepancy between them, the original shall govern.

19.2 The original and all copies of the bid, each consisting of thedocuments listed in ITB Clause 14.1, shall be typed orwritten in indelible ink and shall be signed by a person orpersons duly authorized to sign on behalf of the Bidder. Theauthorization must be in writing and included in the bidpursuant to ITB Clause 14.1 (d). The name and positionheld by each person signing the authorization must betyped or printed below the signature. All pages of the bid,except for unamended printed literature, shall be initialed by

the person or persons signing the bid.

19.3 The Bidder shall furnish in the Bid Form (a sample of whichis provided in the Sample Forms Section of the BiddingDocuments) information regarding commissions orgratuities, if any, paid or to be paid to agents relating to thisprocurement and to the execution of the Contract should theBidder be successful.

19.4 The Bid shall be accompanied by the original receipt forpayment made for the purchase of the bidding document.In an event where the Bidder has downloaded the biddingdocument from the web, they will require to get the originalpayment receipt of the prescribed fee from the Procuring

Agency well before the date of submission of bid.

19.5 The original bid shall be typed or written in indelible inkand shall be signed by the Bidder or a person or personsduly authorized to bind the Bidder to the Contract. Theperson or persons signing the bid shall initial all pages ofthe bid form.

19.6 Any interlineations, erasures, or overwriting shall bevalid only if they are initialed by the person or persons

signing the bid.

19.7 Any tampering, illegitimate inclusion or exclusion inany part of the Standard Bidding Documents shall leadto disqualification of the bidder.


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20. Bid Security.

20.1 The Bidder shall furnish, as part of its bid, a Bid Securityto the extent of a percentage of the total bid value asmentioned in the Bid Data Sheet (BDS). Unsuccessful biddersbid security shall be discharged or returned soon afterannouncement of the successful bids.

20.2 The successful Bidders bid security shall be dischargedupon signing of contract and furnishing the performancesecurity/guarantee.

20.3 The bid Security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bidvalidity;

or

(b) in the case of a successful Bidder, if the Bidder fails tosign the Contract or fails to provide a PerformanceSecurity/Guarantee for the duration of the contract.

21. Bid Validity.

21.1 Bids shall remain valid for the period identified in the BidData Sheet (BDS) after the date of opening of technical bidprescribed by the Procuring Agency. A bid valid for a periodshorter than the one prescribed in the Bid Data Sheet (BDS)shall be rejected by the Procuring Agency as non-responsive.

21.2 The Procuring Agency shall ordinarily be under an

obligation to process and evaluate the bid within the stipulatedbid validity period. However under exceptional circumstancesand for reason to be recorded in writing, if an extension isconsidered necessary, all those who have submitted their bidsshall be asked to extend their respective bid validity period.Such extension shall be for not more than the period equal tothe period of the original bid validity.

21.3 Bidders who,

(a) agree to the Procuring Agencys request for extensionof 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 withoutforfeiture of their bid securities.

22. Site Visit 22.1 The Bidder may wish to visit and examine the site or sitesof the Information System and obtain for itself, at its own


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responsibility and risk, all information that may benecessary for preparing the bid and entering into theContract. The costs of visiting the site or sites shall be atthe Bidders own expense.

22.2 The Purchaser will arrange for the Bidder and any of its

personnel or agents to gain access to the relevant site orsites, provided that the Bidder gives the Purchaseradequate notice of a proposed visits of at least fourteen(14) days. Alternatively, the Purchaser may organize a sitevisit or visits concurrently with the pre-bid meeting, asspecified in the BDS for ITB Clause 11.2. Failure of aBidder to make a site visit will not be a cause for itsdisqualification.

22.3 No site visits shall be arranged or scheduled after thedeadline for the submission of the Bids and prior to the

award of Contract.

.

Submission of Bids23. Sealing and Marking of Bids.

23.1 The envelopes shall be marked as FINANCIAL BID andTECHNICAL BID in bold and legible letters to avoid confusion.Similarly, the Bidder shall seal both the proposals/bids in

separate envelopes. The said two envelopes shall then besealed in an outer envelope.

23.2 The inner and outer envelopes shall:

(a) be addressed to the Procuring Agency at theaddress given in the Invitation for Bids; and

(b) Bid Reference No. indicated in the Bid Data Sheet,and a statement: DO NOT OPEN BEFORE, the timeand the date specified in the Bid Data Sheet (BDS) foropening of Bids.

23.3 The inner envelopes shall also indicate the name andaddress of the Bidder to enable the bid to be returned unopenedin case it is declared as non-responsive or late.

23.4 If the outer as well as inner envelope is not sealed andmarked as required by the ITB Clauses 23.1 to 23.3 above theProcuring Agency shall assume no responsibility for the bidsmisplacement or premature opening.


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24. Deadline for Submission of Bids

24.1 Bids must be submitted by the Bidder and received bythe Procuring Agency at the address on the time and datespecified in the Bid Data Sheet(BDS). Bids receivedlater thanthe time and date specified in the Bid Data Sheet will standsummarily rejected.

24.2 The Procuring Agency may, in its discretion, extend theprescribed deadline for the submission of bids by amending thebidding documents in accordance with ITB Clause 12 above, inwhich case all rights and obligations of the Procuring Agencyand Bidders previously subject to the deadline shall thereafterbe subject to the deadline as extended.

25. Late Bids

25.1 Any bid received by the Procuring Agency after the

deadline for submission of bids prescribed by the ProcuringAgency pursuant to ITB Clause 24 shall be rejected andreturned unopened to the Bidder.

26. Withdrawal of Bids

26.1 The Bidder may withdraw its bid after the bidssubmission and prior to the deadline prescribed for opening ofbids.

26.2 No bid may be withdrawn in the period between deadlinefor submission of bids and the expiration of the period of bidvalidity specified in Bid Data Sheet. Withdrawal of a bid during

this period may result in forfeiture of the Bid Security submittedby the Bidder, pursuant to the ITB Clause 20 above.

Opening and Evaluation of Bids27. Opening of Bids by the Procuring Agency.

27.1 All bids received, shall be opened by the ProcuringAgency publicly in the presence of the Bidders or theirrepresentatives on the date, time and venue prescribed in theBid Data Sheet.

27.2 The opening of Bids shall be subject to the Bidding

Procedure prescribed in the Bid Data Sheetand elaborated inITB Clause 9 above.

27.3 All Bidders in attendance shall sign an attendance sheet.

27.4 The Purchaser shall open one Bid at a time and read outaloud its contents which may include name of the Bidder,category tendered for, any discounts, any bid modifications orwithdrawal, the presence or absence of requisite bid security,


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unit as well as total bid price and such other details as thePurchaser, at its discretion, may consider appropriate if not inconflict with the NWFP Procurement of Goods, Works andServices Rules, 2003, specifically Rules 21 & 22.

27.5 The Procuring Agency shall have the minutes of the Bid

opening (technical and when applicable financial) recorded.27.6 No bid shall be rejected at technical proposal/bidopening, except for late bids, which shall be returned unopenedto the Bidder

27.7 The financial bids found having without Bid Security shallalso be returned unannounced to the Bidders. However, prior toreturn to the Bidder, the Chairman of the Purchase/Procurement Committee shall record a statement givingreasons for return of such bid(s).

28. Clarification of Bids.

28.1 During evaluation of the bids, the Procuring Agency may,at its discretion, ask the Bidder for a clarification of its bid. Therequest for clarification and the response shall be in writing, andno change in the prices or substance of the bid shall be sought,offered, or permitted.

29. Preliminary Examination.

29.1 The Procuring Agency shall examine the bids todetermine whether they are complete, whether anycomputational errors have been made, whether requiredsureties have been furnished, whether the documents have

been properly signed, and whether the bids are generally inorder. In the case where a pre-qualification process has beenundertaken for the Contract(s) for which these BiddingDocuments have been issued, the Purchaser will ensure thateach bid is from a pre-qualified Bidder, and in the case of aJoint Venture, that partners and structure of the Joint Ventureare unchanged from those in the pre-qualification.

29.2 In the financial bids the arithmetical errors shall berectified on the following basis.

a) If there is a discrepancy between the unit price and the

total price that is obtained by multiplying the unit priceand quantity, the unit price shall prevail, and the totalprice shall be corrected.

b) If there is a discrepancy between words and figures, theamount in words shall prevail.


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c) If the Bidder does not accept the correction of the errors,its bid shall be rejected, and its Bid Security may beforfeited.

29.3 The Procuring Agency may waive any minor informality,nonconformity, or irregularity in a bid which does not constitutea material deviation, provided such waiver does not prejudice or

affect the relative ranking of any Bidder.

29.4 Prior to the detailed evaluation, the Purchaser willdetermine whether each bid is of acceptable quality, is complete,and is substantially responsive to the Bidding Documents. Forpurposes of this determination, a substantially responsive bid isone that conforms to all the terms, conditions, and specificationsof the Bidding Documents without material deviations, exceptions,objections, conditionalities, or reservations such as thoseconcerning Applicable Laws, Duties & Taxes, and internationallyrecognized best practices for technical bids and Bid Security for

financial bids.

29.5 A material deviation, exception, objection, conditionality,or reservation is one: (i) that limits in any substantial way thescope, quality, or performance of the Information TechnologySystem; or (ii) that limits, in any substantial way that isinconsistent with the Bidding Documents, the Purchasers rightsor the successful Bidders obligations under the Contract; or(iii) the acceptance of which would unfairly affect the competitiveposition of other Bidders who have submitted substantiallyresponsive bids.

29.6 If a bid is not substantially responsive, it will be rejected bythe Purchaser and may not subsequently be made responsive bythe Bidder by correction of the nonconformity. The Procuring

Agencys determination of a bids responsiveness is to be basedon the contents of the bid itself without recourse to extrinsicevidence.

30. Evaluation of Bids.

30.1 If indicated by the BDS, the Purchasers evaluation ofresponsive bids will take into account technical factors, in

addition to cost factors. Merit Points or scores will be allocatedto each technical and financial criterion, cumulative sum of whichwould determine ranking of bidders in the Combined Technical &Financial Evaluation for contract award to the highest rankingbidder. In case the Merit Point Evaluation Methodology is opted,the lowest priced bid or proposal will be awarded full marks inthe financial criterion. For the subsequent bids or proposals, anevaluated financial bid score will be calculated for each


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responsive bid in the financial criterion using the followingformula:

[Clow / C] x 100 x Cs

where

Clow = the lowest of all Evaluated Bid Prices among responsiveBids

C = Evaluated Bid Price under consideration

Cs = weight for the Price as specified in the BDS

30.2 All bids shall be evaluated as per the Evaluation Criteriaand methodology specified in the Bid Data Sheet (BDS) andother terms and conditions set forth in these Standard BiddingDocuments (SBDs) in accordance with ITB Clause 29 above.

30.3 To be considered for Contract award, Bidders must havesubmitted bids

(a) for which detailed bid evaluation using the samestandards for compliance determination as listed in ITBClauses 30.1 and 30.2 confirms that the bids are commerciallyand technically responsive, and include the hardware, Software,related equipment, products, Materials, and other Goods andServices components of the Information System in substantiallythe full required quantities for the entire Information System or, ifallowed in the BDS for ITB Clause 7, the individual Subsystem,

lot or slice bid on; and are deemed by the Purchaser ascommercially and technically responsive; and

(b) that offer Information Technologies that are proven toperform up to the standards promised in the bid by havingsuccessfully passed the performance, benchmark, and/orfunctionality tests the Purchaser may require, pursuant to ITBClause 30.2.

30.4 The Purchaser will evaluate and compare the bids thathave been determined to be substantially responsive, pursuantto ITB Clause 29. The evaluation will be performed assuming

either that:

(a) the Contract will be awarded to the lowest evaluatedBidder for the entire Information System; or

(b) if specified in the BDS, Contracts will be awarded to theBidders for each individual Subsystem, lot, or slice defined in theTechnical Requirements whose bids result in the lowestcombined evaluated price for the entire System.


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In the latter case, discounts that are conditional on the award ofmore than one Subsystem, lot, or slice may be offered in bids.However, such discounts will only be considered in the priceevaluation if so confirmed in the BDS.

30.5 For the purposes of comparison of bids quoted in

different currencies, the price shall be converted into PakRupees. The rate of exchange shall be the selling rate,prevailing on the date of opening of bids specified in the biddingdocuments, as notified by the State Bank of Pakistan/ NationalBank of Pakistan on that day.

30.6 A bid once opened in accordance with the prescribedprocedure shall be subject to only those rules, regulations andpolicies that are in force at the time of issue of notice forinvitation of bids.

31. Qualification of Bidder

31.1 The Procuring Agency, at any stage of the procurementproceedings, having credible reasons for or prima facieevidence of any defect in Bidders capacities, may require theBidder to provide information concerning their professional,technical, financial, legal or managerial competence whetheralready pre-qualified or not.

31.2 Such qualification shall only be laid down after recordingreasons thereof in writing. They shall form part of the records ofthat procurement proceeding.

31.3 The Procuring Agency shall determine to its satisfaction

whether a Bidder, technically and financially qualified and evenhaving the lowest evaluated responsive bid as per theevaluation methodology specified in the Bid Data Sheet (BDS)is qualified to perform the Contract satisfactorily.

31.4 The determination can take into account the Biddersfinancial, technical, and production capabilities. It shall bebased upon an examination of the documentary evidence of theBidders qualifications submitted by the Bidder, as well as suchother information as the Procuring Agency deems necessaryand appropriate. Further, during the process of technicalevaluation of Bidder, the Procuring Agency may inspect the

manufacturing plant/ production capacity/ warehousing system/practices by a team of experts for assessment, if it deemsnecessary.

31.5 An affirmative determination shall be a prerequisite foraward of the Contract to the Bidder. A negative determinationshall result in rejection of the Bidders bid, in which event theProcuring Agency shall proceed to the next lowest evaluated bid


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to make a similar determination of that Bidders capabilities toperform satisfactorily.

31.6 The Procuring Agency shall disqualify a Bidder if it finds,at any time, that the information submitted by him concerninghis qualification as Bidder was false and materially inaccurate orincomplete.

32. Post-Qualification of bidders

32.1 The Purchaser will determine at its own cost and to itssatisfaction whether the Bidder (including Joint Venture Partners,and any Subcontractors for which the BDS for ITB Clause 3.1 (a)permits that their qualifications count towards the required Bidderqualifications) that is selected as having submitted the LowestEvaluated Bid selected through an evaluation methodology asspecified in the Bid Data Sheet (BDS)is qualified to perform theContract satisfactorily, in accordance with ITB Clause 31. If apre-qualification process was undertaken for the Contract(s) for

which these Bidding Documents were issued, the Purchaser willdetermine in the manner described above that no materialchanges have occurred after the pre-qualification that negativelyaffect the ability of the Bidder that has submitted the LowestEvaluated Bid to perform the Contract.

31.2 Pursuant to ITB Clauses 31 and 17, and as additionallymay be specified in the BDS, the determination will evaluate theBidders financial, technical, design, integration, customization,production, management, and support capabilities and will bebased on an examination of the documentary evidence of the

Bidders qualifications, as well as other information the Purchaserdeems necessary and appropriate. This determination mayinclude visits or interviews with the Bidders clients referenced inits bid, site inspections, and any other measures. If so specifiedin the BDS, at the time of post-qualification the Purchaser mayalso carry out tests to determine that the performance orfunctionality of the Information System offered meets those statedin the Technical Requirements.

32.3 An affirmative post-qualification determination will beprerequisite for award of the Contract to the Lowest EvaluatBidder. A negative determination will result in rejection of tBidders bid, in which event the Purchaser will proceed to the nlowest evaluated Bidder to make a similar determination of tBidders capabilities to perform satisfactorily.

32. Rejection of Bids

32.1 The Procuring Agency may reject any or all bids at anytime prior to the acceptance of a bid. The Procuring Agency


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shall upon request communicate to any Bidder who submitted abid, the grounds for its rejection of any or all bids, but is notrequired to justify those grounds.

32.2 The Procuring Agency incurs no liability, solely by virtue

of its invoking ITB Clause 32.1 above towards Bidders whohave submitted bids.

32.3 Notice of the rejection of any or all bids shall be givenpromptly to the concerned Bidders that submitted bids.

33. Re-Bidding

33.1 If the Purchaser rejected all bids in pursuant to ITBClause 32, it may call for a re-bidding. The Purchaser, if itdeems necessary may prescribe another method ofprocurement not inconsistent with the applicable Procurement of

Goods, Works and Services Rules.33.2 The Procuring Agency before invitation for re-biddingshall assess the reasons for rejection and may revisespecifications, evaluation criteria or any other condition forBidders, as it may deem necessary.

34. Announcement of Evaluation Report

34.1 The Purchaser may announce the results of the bidevaluation in form of a report through its website or display onoffice notice board, giving justification for acceptance orrejection of bids at least ten days prior to the award of

procurement Contract.35. Contacting the Procuring Agency.

35.1 Subject to ITB Clause 34 above, no Bidder shall contactthe Procuring Agency on any matter relating to its bid, from thetime of the bid opening to the time of announcement ofEvaluation Repot. If a Bidder wishes to bring additionalinformation to the notice of the Procuring Agency, it should doso in writing.

35.2 Any effort by a Bidder to influence the ProcuringAgency in its decisions on bid evaluation, bid comparison,

or Contract award may result in the rejection of theBidders bid. Canvassing by any Bidder at any stage of thebid evaluation is strictly prohibited. Any infringement shalllead to disqualification.


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agreements on final delivery or completion schedules toaccommodate any changes required by the Procuring

Agency;

the proposed methodology or staffing;

inputs required from the Procuring Agency;

clarifying details that were not apparent or could not befinalized at the time of bidding;

The Bidders tax liability in Pakistan, if the Bidder is aforeign company.

Negotiations shall not be used to:

substantially change the technical quality or details of therequirement, including the tasks or responsibilities of theBidder or the performance of the goods;

substantially alter the terms and conditions of Contract;

reduce unit rates or reimbursable costs;

substantially alter anything which formed a crucial ordeciding factor in the evaluation of the bids or proposals

alter the submitted financial bid

40. Signing of Contract.

40.1 After the completion of the Contract Negotiations the

Purchaser shall send the Bidder the Contract Agreement Formprovided in Part-Two: Section IV of these Standard BiddingDocuments, incorporating all agreements between the Parties.

40.2 Within ONE week of receipt of the Contract AgreementForm, the successful Bidder and the Purchaser shall sign theContract in accordance with the legal requirements in vogue.

40.3 Unless the procurement contract has already entered intoforce, a contractor or supplier feeling aggrieved by the order of aPurchaser accepting a bid may file an application for review inaccordance with Rule 43 of Procurement of Goods, Works and

Services Rules, 2003.40.4 If the successful Bidder, after completion of all codalformalities shows an inability to sign the Contract then its BidSecurity shall stand forfeited and the firm may be blacklistedand de-barred from future participation, whether temporarily orpermanently. In such situation the Purchaser may award thecontract to the next lowest evaluated Bidder or call for new bids.


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40.5 The Contract shall become effective upon affixation ofsignature of the Purchaser and the selected Bidder on theContract document, and shall be governed for the periodspecified in the Bid Data Sheet (BDS) and by the terms andconditions mutually agreed in the contract.1. PerformanceGuarantee.

41.1 On the date of signing of Contract, the successful Biddershall furnish a Performance Guarantee for a percentage amount(10% of the total items quoted price) as specified in the BidData Sheet (BDS), on the Form and in the manneredprescribed by the Procuring Agency in Part-Two: Section-IV ofthese Standard Bidding Documents.

41.2 The Bid Security submitted by the bidder at the time ofsubmitting its bid shall be returned to the Bidder uponsubmission of Performance Guarantee.

41.3 Failure to provide a Performance Guarantee by the

Bidder is a sufficient ground for annulment of the award andforfeiture of Bid Security. In such event the Procuring Agencymay award the contract to the next lowest evaluated bidder orcall for new bid.


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Part-I

General Conditions of Contract (GCC)


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36

Table of Clauses

A. Contract and Interpretation ............................................................. ................................................................. ...38

1. Definitions 38

2. Contract Documents 44

3. Interpretation 44

4. Notices 47

5. Governing Law 47

6. Settlement of Disputes 47

B. Subject Matter of Contract ............................................................... ................................................................. ...49

7. Scope of the System 49

8. Time for Commencement and Operational Acceptance 50

9. Suppliers Responsibilities 50

10. Purchasers Responsibilities 52

C. Payment ........................................................... ................................................................... ...................................54

11. Contract Price 54

12. Terms of Payment 54

13. Securities 55

14. Taxes and Duties 56

D. Intellectual Property .............................................................. .................................................................. .............57

15. Copyright 57

16. Software License Agreements 58

17. Confidential Information 60E. Supply, Installation, Testing, Commissioning, and Acceptance of the System ..............................................61

18.Representatives 61

19. Project Plan 63

20. Subcontracting 64

21. Design and Engineering 65

22. Procurement, Delivery, and Transport 67

23. Product Upgrades 69

24.Implementation, Installation, and Other Services 70

25. Inspections and Tests 71

26. Installation of the System 71

27. Commissioning and Operational Acceptance 72

F. Guarantees and Liabilities ............................................................... ................................................................. ...76

28. Operational Acceptance Time Guarantee 76

29. Defect Liability 77

30. Functional Guarantees 80

31. Intellectual Property Rights Warranty 80

32. Intellectual Property Rights Indemnity 81

33. Limitation of Liability 83

G. Risk Distribution ........................................................ .................................................................... .......................84

34. Transfer of Ownership 84

35. Care of the System 84


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Supply, Installation and Configuration of Video Conferencing System, Networking & Allied Information Technology

Equipmentfor Khyber Medical College, Peshawar, Khyber Pakhtunkhwa

36. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification 85

37. Insurances 87

38. Force Majeure 89

H. Change in Contract Elements .......................................................... ................................................................. ...91

39. Changes to the System 9140. Extension of Time for Achieving Operational Acceptance 94

41. Termination 95

42. Assignment 102

General Conditions of Contract


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A. CONTRACT AND INTERPRETATION

1. Definitions 1.1 In this Contract, the following terms shall be interpreted asindicated below.(a) Contract elements

(i) Contract means the Contract Agreement enteredinto between the Purchaser and the Supplier,together with the Contract Documents referred totherein. The Contract Agreement and theContract Documents shall constitute the Contract,and the term the Contract shall in all suchdocuments be construed accordingly.

(ii) Contract Documents means the documentsspecified in Article 1.1 (Contract Documents) ofthe Form of Contract Agreement (including any

amendments to these Documents).(iii) Contract Agreement means the agreemententered into between the Purchaser and theSupplier using the Form of Contract Agreementcontained in the Sample Forms Section of theBidding Documents and any modifications to thisform agreed to by the Purchaser and the Supplier.The date of the Contract Agreement shall berecorded in the signed form.

(iv) GCC means the General Conditions of Contract.(v) SCC means the Special Conditions of Contract.

(vi) Technical Requirements means the TechnicalRequirements Section of the Bidding Documents.

(vii) Implementation Schedule means theImplementation Schedule Sub-section of theTechnical Requirements.

viii) Contract Price means the price or prices definedin Article 2 (Contract Price and Terms of Payment)of the Contract Agreement.

(ix) Procurement Rules refer to the ProvincialProcurement Rules of Khyber Pakhtunkhwa asapplicable law.

(x) Bidding Documents refers to the collection ofdocuments issued by the Purchaser to instructand inform potential suppliers of the processes forbidding, selection of the winning bid, and Contractformation, as well as the contractual conditionsgoverning the relationship between the Purchaserand the Supplier. The General and SpecialConditions of Contract, the TechnicalRequirements, and all other documents includedin the Bidding Documents reflect the procurement

under the Provincial Procurmeent Rules of KhyberPakhtunkhwa that the Purchaser is obligated tofollow during procurement and administration of


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this Contract.

(b) Entities

(i) Purchaser means the person purchasing the

Information System, as specified in the SCC.(ii) Project Coordinator means the person appointed

by the Purchaser in the manner provided in GCCClause 18.1 (Project Coordinator) and named assuch in the SCC to perform the duties delegatedby the Purchaser.

(iii) Supplier means the person(s) whose bid toperform the Contract has been accepted by thePurchaser and is named as such in the ContractAgreement.

(iv) Suppliers Representative means any personnominated by the Supplier and named as such inthe Contract Agreement and approved by thePurchaser in the manner provided in GCC Clause18.2 (Suppliers Representative) to perform theduties delegated by the Supplier.

(v) Subcontractor, including vendors, means anyperson to whom any of the obligations of theSupplier, including preparation of any design or

supply of any Information Technologies or otherGoods or Services, is subcontracted directly orindirectly by the Supplier.

(vi) Adjudicator means the person named inAppendix 2 of the Contract Agreement, appointedby agreement between the Purchaser and theSupplier to make a decision on or to settle anydispute or difference between the Purchaser andthe Supplier referred to him or her by the parties,pursuant to GCC Clause 6.1 (Adjudicator).

(c) Scope

(i) Information System, also called the System,means all the Information Technologies, Materials,and other Goods to be supplied, installed,integrated, and made operational (exclusive of theSuppliers Equipment), together with the Servicesto be carried out by the Supplier under theContract.

(ii) Subsystem means any subset of the Systemidentified as such in the Contract that may besupplied installed tested and commissioned


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individually before Commissioning of the entireSystem.

(iii) Information Technologies means all informationprocessing and communications-related

hardware, Software, supplies, and consumableitems that the Supplier is required to supply andinstall under the Contract.

(iv) Goods means all equipment, machinery,furnishings, Materials, and other tangible itemsthat the Supplier is required to supply or supplyand install under the Contract, including, withoutlimitation, the Information Technologies andMaterials, but excluding the SuppliersEquipment.

(v) Services means all technical, logistical,management, and any other Services to beprovided by the Supplier under the Contract tosupply, install, customize, integrate, and makeoperational the System. Such Services mayinclude, but are not restricted to, activitymanagement and quality assurance, design,development, customization, documentation,transportation, ins

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