Gateway to National Prosperity

TENDER

FOR

CHARTERING OF PILOT BOAT

FOR

PORT QASIM AUTHORITY

January, 2015

2

TABLE OF CONTENTS Page #

PART - I TENDER INVITATION

1. Invitation to Tender 5

2. Form of Tender 6-7

PART- II INSTRUCTIONS TO TENDERER

1. Documents to be submitted by Bidders 9

2. Submission of Tender 10

3. Earnest Money 10

4. Entering the Quotation in the Financial Offer 11

5. Signature of the Tenderer and firm‟s rubber stamp 11

6. Acceptance or rejection of Tender 11

7. Performance Bond 12

8. Inspection of Pilot Boat 12

9. Execution of Agreement 13

10. Compliance to MMD Requirements and Laws of Pakistan 13

11. Fraud and Corruption 14

12. Integrity Pact 14

13. Validity of Offer 14

PART-III GENERAL CONDITIONS OF THE CONTRACT

1. Definitions 16-17

PART-IV SPECIAL CONDITIONS OF CONTRACT

1. Definitions 19-20

2. Inspection of Pilot Boat by PQA 20

3. The Rate 20

4. Terms of operation 21

5. Act of Pilot Boat 21

6. Performance Bond 22

7. Fitness of Pilot Boat 23

8. Local taxation 23

9. Insurance of the Contractor‟s equipment 23

10. Damages to persons and property 23

11. Third party insurance 24

12. Requirement of insurance 24

13. Giving of notice for payment of fee, taxes & Duties 24

14. Certificate and payment 24

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15. Anchoring/berthing facilities 25

16. Liquidated damages 25

17. Legal basis, arbitration – settlement of disputes 25-26

18. Termination of Contract 27

19. Unauthorized occupancy of berth 27

20. Hindrance in safe Navigation 27

21. Supply of Fuel & water 27

PART – V FINANCIAL OFFER

3. Bill of Quantity for Pilot Boat 29

PART-VI ANNEXURES

1. General Information - A 31

2. Experience of the firm - B 32

3. Financial Data - C 33

4. List of all ongoing Pilotage contract - D 34

5. Staff details - E 35

6. Technical Specification of the offered Pilot Boat - F 36

7. Criteria for Technical specifications of Pilot Boat - G 37

8. Integrity Pact - H 38

9. Evaluation Criteria for Technical qualification

of Tenders - J 39

10. Form of Contract - K 40-41

11. Performance Bond - L 42-43

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PART – 1

TENDER INVITATION

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NOTICE INVITING TENDER FOR PROVISION OF ONE PILOT BOAT 1. PQA invites offers for provision of one Pilot Boat on charter basis from experienced

firms which are technically and financially sound with full responsibilities of operation and

maintenance of boat. The Pilot Boat is required for one year (+/- 30 days). The offered Pilot

Boat should possess characteristics and other details as per Tender document. 2. Pilot Boat, complying the specifications given in this tender, should be capable for

sustained / uninterrupted operation of maximum 02 hours at 20 knots on both voyage from

Service Jetty to PQA channel for pilotage duties upto sea-state of Beaufort Scale 6, having

overall length of 18 to 25 meters, draught 1.5 to 1.8 meters, age upto 30 years, hull made of

aluminum/ steel, with valid Class or MMD applicable certificates. The Pilot Boat be able to

accommodate eight (08) Pilots for prolonged operation in 45 km long Channel. 2. Interested firms should collect the Tender Document on payment of Rs.1000/- (non-

refundable) in the form of Pay Order, issued in the name of Port Qasim Authority from the

office of Director (Ops. Maint), PQA.

3. Tenders documents submitted by the firms are to be accompanied with Earnest Money

through Pay Order of amount equal to 2% of the contract value (refundable) alongwith

Financial Offer in favour of Port Qasim Authority. Tenders without Earnest Money for the

offered Craft will be rejected and returned unopened. 4. Tender documents should be in two separate sealed envelopes, one containing Technical

Proposal and the other containing Financial Proposals duly labeled as such respectively,

which should reach the office of Director (Ops.Maint.) PQA, Bin Qasim, Karachi 75020

latest by 1200 hrs on 15th

January, 2015. The Technical proposals will be opened on the same

day at 1230 hrs in the presence of bidders / representatives who wish to attend. The Financial

Proposals of the technically qualified firms / Bids (as per Evaluation Criteria), will be

opened. Financial proposals of technically disqualified Bidders shall be returned, unopened.

5. PQA reserves the right to accept or reject any or all proposals as per PPRA Rules

2004. Authority‟s decision in this respect shall be final and binding on all the Firms.

Muhammad Saqib

Secretary

PQA Website www.pqa.gov.pk

E- Mail secretary@pqa.gov.pk

PPRA website www.ppra.org.pk

PORT QASIM AUTHORITY Bin Qasim Karachi

GATEWAY TO NATIONAL PROSPERITY

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FORM OF TENDER

The Secretary

Port Qasim Authority,

Bin Qasim

Karachi

TENDER FOR HIRING OF ONE PILOT BOAT FOR

PORT QASIM AUTHORITY

1. Having made ourselves fully acquainted with the requirements of PQA as detailed in the

Tender Documents including invitation and Instructions to Tenderers, Documents to be

submitted, Conditions of Contract, Technical specifications, Financial offer and proformas,

we the undersigned offer our Tender in conformity with the said Tender documents.

Name of Tenderer : _______________________________________

Authorized Signature : _______________________________________

Address : ____ __

Telephone : ________________________________

Fax : ______________________________________

2. The following annexure / documents have been duly filled and are being submitted:

1. General Information - A - Annexure

2. Experience of the Firm - B - Annexure

3. Financial Data - C - Annexure

4. List of all on-going Contracts - D - Annexure

5. Staff Details - E - Annexure

7. Technical Specification of offered Pilot Boat - F - Annexure

8. Criteria for Technical Specifications of Pilot Boat - G - Annexure

9. Integrity Pact - H - Annexure

10. Constitution of the firm / Company with Copy of Memorandum and

Articles of Association / Partnership Deed / Certificate of Registration

11. Details of litigation, if any

12. Firm / company Board Resolution authorizing individual/s to sign on their behalf.

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3. FINANCIAL OFFER

The two separate sealed envelopes one containing “Technical Officer” and one containing

”Financial Offer” of boat. The rates which we have given in the Financial Offer and all

information/data attached to our Tender are complete and without any concealed technical and

or financial reservations or implication. They have been duly checked and are correct in every

respect. These rates are fixed and unchangeable throughout the currency of the Contract.

Financial offer is submitted in separate sealed envelope clearly marked.

4. CONTRACT AGREEMENT / WORK COMMENCEMENT

We undertake that after carrying out the inspection and satisfactory test/trial of the Boat by

PQA Team, and further issuance of Letter of Intent (L.O.I) by PQA, subsequent signing of

Contract Agreement/s, mobilize the boat to reach and shall commence operations at the

earliest within 02 weeks of receipt of Letter of Intent from PQA.

5. EARNEST MONEY

As required, we enclose Earnest Money in the form of Pay Order issued by a scheduled “AA”

rated Bank of Pakistan located at Karachi of amount equal to 2% of the contract value for

Pilot Boat issued in the name of Port Qasim Authority. The Earnest Money is refundable.

6. PERFORMANCE BOND

We undertake that if our Tender is accepted, we shall furnish a Performance Bond of

amount equal to 10% of the contract value before signing of the Agreement for due

performance of the Contract issued by a scheduled bank in Pakistan (Karachi based) having

“AA” rating as per form provided in the tender document.

7. VALIDITY OF OFFER

Offer is valid for acceptance up to 120 days from the date of opening of tender.

8. ACCEPTANCE

Unless and until the formal Agreement is executed, this offer, together with the Authority‟s

written acceptance, shall constitute a binding contract between us. We understand that the

Authority is not bound to accept the lowest or any offer received and that you will not

defray any expenses incurred by us in Tendering.

We hereby certify that the prices specified, other information contained in this “Tender”

and the Signatures” below are those of duly authorized officers of the Company, having the

powers necessary to enter into a bonding contract.

Authorised Signature : _______________________

Title _______________________

Authorised Signature : _______________________

Title _______________________

Witness : _______________________

Title : _______________________

In case of a Corporation ]

Affix seal in the space opposite]

Signed and sealed at _____________________________________________________

On this ___________________ day of _______________ 2015

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PART - II

INSTRUCTIONS TO

TENDERER

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DOCUMENTS TO BE SUBMITTED BY BIDDERS

1. The Tender documents must essentially contain the required information in details

supported by relevant documents, certificates to be evaluated as responsive, which

should include, but not limited to following.

a. All Tender Documents to be duly filled, signed and stamped on each page.

b. The name and address of the firm with fax and telephone numbers and proof of

registration of the firm, year of inception and nature of business, whether a joint

venture, private, pubic limited or partnership. Details of any joint venture,

partnership agreement memorandum and article of association should also be

submitted.

c. Past experience of the firm for providing such craft and as well as experience of

operation, giving details indicating name of clients served, nature of work attended

during the last 5 years indicating yearly turn over.

d. Any information / details required pertaining to technical specifications of offered

Craft, its General Arrangement Plan to be provided and response to Evaluation

Criteria for Technical qualification as per requirement of Tender.

e. Photograph / Photocopies of four views of Craft.

f. Current Chartering Contracts of Craft or others in hand ( if any).

g. Financial soundness certificate from the Banker of the tenderer and audited

financial statements for the last three years.

h. Details of litigation if any with the clients.

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2. Submission of Tender

a. Tenderer should examine the Tender documents carefully and should obtain at their

own expenses any relevant information that may be necessary for making a Tender.

b. The Tender must be addressed to the Director (Ops.Maint), Port Qasim Authority,

Bin Qasim ,Karachi, placed in a cover and superscribed “Tender for one Pilot

Boat”.

c. Sealed tender documents should contain two separate sealed envelopes, one containing

“Technical Proposal” and the other containing “Financial Proposal” with Earnest

Money (refundable) should reach the office of Director (Ops.Maint.) PQA, Bin

Qasim Karachi 75020 latest by 1200 hrs on 15th

January, 2015. The Technical

proposals will be opened on the same day at 1230 hrs in the presence of bidders /

representatives who wish to attend. The financial offers of the technically qualified

firms, (as per evaluation criteria), will be opened. Financial proposals of technically

disqualified bidders shall be returned, unopened.

d. The Tender documents issued by PQA must be submitted duly completed, signed and

stamped on each page.

e. If instructions are not followed or incomplete or conditional Tenders shall be rejected.

f. Detailed particulars of the offered Pilot boat, duly certified by Classification Society or

MMD including Technical Specifications, place and year of built, or MMD and recent

cabinet size photograph/ photocopies of four views of the offered Pilot boat should be

submitted with the Tender.

3. Earnest Money

a. Tender Documents submitted by the firms are to be accompanied with Earnest Money

in the form of Pay Order of amount equal to 2% of the contract value (refundable) for

Pilot Boat from AA rated bank in Pakistan, issued in the name of Port Qasim

Authority. Tenders without Earnest Money for the offered Craft will be rejected and

returned unopened.

b. Earnest money of all unsuccessful Tenderer, shall be returned after the Tenders have

been finally awarded to the lowest responsive bidder by the Competent Authority,

and Performance Bond submitted to PQA.

c. Earnest money of successful Tenderer shall be retained until such time that Performance

Bond as provided in the Tender document have been duly submitted / accepted by PQA. d. Should any Tenderer withdraw his Tender after opening of the Tender or in case he backs

out after acceptance of his Tender, his Earnest money shall be forfeited.

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4. Entering the quotation in the Financial Offer

a. Tenderers are to exercise greatest care in entering their quotation in the Financial

Offer. No request for corrections of any mistakes or for revision of quotations shall be

entertained after Tenders have been received and opened.

b. Tenderers are required to quote in the Financial Offer for offered Pilot Boat covering

the hiring charges on flat day rate for pilotage or any conservancy services etc. as

required by Harbour Master or his Authorized Officer. Details are given in Special

Conditions of Contract.

c. The quotations must be filled in figures as well as in words. Should there be any

difference between the two, the Tender would be considered in words only.

d. Any erasure or over writing by the Tenderer will render the Tender liable to rejection.

Corrections if any must be made by striking out the errors and rewriting while signing

the corrections in ink by the same person who has signed the Tender and stamped.

5. Signature of the Tenderer and Firm‟s rubber Stamp

All Tenders submitted must be signed on each page only by a person duly authorized

to do so and should bear rubber stamp of the firm/company.

6. Acceptance or Rejection of the Tender

a. Tenderer will be required to confirm Agreement to the terms and conditions stipulated

in the Tender Documents. Tender will not be considered unless „The Tender”

documents issued by Port Qasim Authority are submitted, duly signed and stamped by

the Tenderer. Incomplete and conditional Tenders are liable to rejection.

b. No alteration or interpolation should be made by the Tenderers in the conditions and

other stipulations of his Tender. The Tenderers should clearly understand that should

they make any such alteration or interpolation then their Tenders may be rejected

without assigning any reason.

c. Port Qasim Authority reserves the right to reject any or all the Tenders and Authority‟s

decision in this regard will be final and binding on all bidders.

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7. Performance Bond

a. The successful Tenderer/s shall submit a Performance Bond of amount equal to 10% of

the contract value, for as surety for the proper and conscientious execution of the

Contract, before signing the Agreement, in the form of a Bank Guarantee issued by a

„AA” rated scheduled bank of Pakistan (Karachi based) on prescribed form of Tender

document.

b. The Performance Bond will be held until the satisfactory completion of the Contract

and will be forfeited at the discretion of PQA in case of failure to fulfill all or any of the

conditions of the Contract, irrespective of and without prejudice to any other remedy for

such failure which PQA may seek under the term and condition of the contract.

8. Inspection Trial of Pilot Boat

The inspection trial would entail all aspect of the craft including, speed of the craft,

maneuvering capability, size / diversions, general condition, machinery performance

etc. All navigational equipment on board boat should be in operational state including

AIS. The Pilot Boat should have suitable layout of space and fittings to facilitate

Pilotage operation including boarding and disembarkation from ship, under all weather /

sea conditions. The same fitness standards to be maintained during the entire Charter

period.

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9. Execution of Agreement

a. Upon inspection of Boat by PQA Team and onward acceptance of Letter of Intent

(L.O.I) from PQA, and subsequent signing of Contract Agreement, mobilization of the

boat to reach place of delivery and should commence operations at the earliest but not

later than 02 weeks.

b. In the event of the successful Tenderer failing to enter into any agreement with Port

Qasim Authority within the specified period, Port Qasim Authority shall without

prejudice to its right to forfeit the Earnest Money and will be at liberty to re-invite

Tenders at the risk and expense of the successful Tenderer.

10. Compliance to MMD Requirements and Laws of Pakistan

It is pertinent to note that prior signing of the contract, the boat Seaworthiness status

including Safe Manning, certificate from Mercantile Marine Department (GoP) is to be

provided by the Contractor. The relevant Certificates should remain valid during entire

Charter period. Afloat Staff / Crew working hours per day etc to be compliant to

Pakistan Labour Laws. Any other local laws, rules, taxes to be complied by Contractor.

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11. Fraud and Corruption

It is the policy of the PQA to require its staff and its contractor to observe the highest

standard of ethics during the selection and execution of such contracts. In pursuance of

this policy, PQA:

(a) Defines, for the purposes of this provision, the terms set forth below:

i. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or

indirectly, of any thing of value to influence the action of a public official in the

selection process or in contract execution:

ii. “Fraudulent practice” means a misrepresentation or omission of facts in order to

influence a selection process of the execution of a contract.

iii. “Collusive practices” means a scheme of arrangement between two or more

consultants with or without the knowledge of PQA, designed to establish prices at

artificial, noncompetitive levels and to deprive PQA of the benefits of free and

open competition:

iv. “Coercive practices” means harming or threatening to harm, directly or indirectly,

persons or their property to influence their participation in a procurement process,

or affect the execution.

(b) Will reject a proposal for award it is determines that the contractor recommended for

award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or

coercive practices in competing for the contract in question:

(c) Will sanction a contractor, including declaring the contractor ineligible, either

indefinitely or for a stated period of time, to be awarded a PQA contract if it at any

time determines that the contractor has, directly or through an agent, engaged in

corrupt, fraudulent, collusive or coercive practices.

12. Integrity Pact

All firms / companies / organizations desirous of doing business with PQA must sign and

submit copy of “Integrity Pact” (Annex “H”) alongwith other documents. This is a

mandatory condition without which the Tender Documents will not be considered.

13. Validity of Offer

Offer must remain valid for acceptance up to 120 days from the date of opening of Tender.

SIGNATURE OF TENDERER _______________________________

(WITH STAMP)

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PART - III

GENERAL

CONDITIONS

OF

CONTRACT

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PART III – GENERAL CONDITIONS

Definitions and interpretation

Definitions 1.1 In the Contract (as hereinafter defined) the following

words and expressions shall have the meanings hereby

assigned to them except where the context otherwise requires.

(a) (i) “Employer/Charterer” means the person named as such in

part II of these Conditions and the legal successors in title to

such person, but not (except with the consent of the Contractor)

any assignee of such person.

(ii) “Contractor” means the person whose tender has been

accepted by the Employer/Charterer and the legal successors in

title to such person, but not (except with the consent of

Employer) any assignee of such person.

(iii) “Subcontractor” means any person named in the Contract

as a Subcontractor for a part of the Works or any person to

whom a part of the works has been subcontracted with consent

of the Engineer and the legal successors in title to such person,

but not any assignee of any such person.

(iv) “Engineer” means the person appointed for the purposes of

the Contract to resolve related issues and named as such in Part

II of these Conditions.

(v) “Engineer‟s Representative” means a person appointed

from time to time by the Engineer under Sub-Clause 2.2

(b) (i) “Contract” means these Conditions (Part 1 and II), the

Specifications, the Drawings, the bill of quantities, the tender,

the letter of Acceptance, the Contract Agreement of (if

completed, including international charter party BIMCO

Supply Time 2005 clauses as applicable and agreed by both

parties) and such further documents as may be expressly

incorporated in the letter of acceptance or contract agreement

(if completed).

(ii) “Specifications” means the specifications of the Works

included in the Contract and any modification thereof or

addition thereto made or submitted by the contractor and

approved by the Engineer

(iii)”Drawings” means all drawings, calculations and technical

information of a like nature provided by the Engineer to the

Contractor under the Contract and all drawings, calculations,

samples, patterns, models, operation and maintenance manuals

and other technical information of a like nature submitted by

the Contractor and approved by the Engineer

(iv) “Bill of Quantities” means the priced and completed bill of

quantities forming part of the Tender.

(v) “Tender” means the Contractor‟s priced offer to the

Employer for the execution and completion of the Works and

the remedying of any defects therein in accordance with the

provisions of the Contract, as accepted by the Letter of

Acceptance.

(vi) “Letter of Acceptance” means the formal acceptance by the

Employer of the Tender.

(vii) “Contract” Agreement” means the contract agreement (if

any) referred to in Sub-Clause 9.1.

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(viii) “Appendix to Tender” means the appendix comprised in

the form of Tender annexed to these Conditions

(c) (i) “Commencement Date” means the date upon which the

Contractor receives the notice and the required services are

actually commenced as per execution of contract agreement.

(d) (i) “Test on Completion” means the test specified in the

Contract or otherwise agreed by the Engineer and the

Contractor which are to be made by the Contractor before the

Works of any Section or part thereof are taken over by the

Employer.

(e) (i) “Contract Price” means the sum stated in the letter of

Acceptance as payable to the Contractor for the execution and

completion of the Works and the remedying of any defects

therein in accordance with the provisions of the Contract.

(ii) “Retention Money” means the aggregate of all monies

retained by the Employer.

(f) (i) “Works” means the permanent Works and the Temporary

works of either of them as appropriate.

(ii) “Permanent Works” means the permanent works to be

executed (including Plant) in accordance with the Contract

(iii) “Temporary Works” means all temporary works of every

kind (other than Contractor‟s Equipment) required in or about

the execution and completion of the Works and the remedying

of any defects therein. .

(iv) „Plant” means machinery, apparatus and the like intended

to form or forming part of the Permanent work.

(v) “Contractor‟s Equipment” means all appliances and things

of whatsoever nature (other than Temporary works0 required

for the section and completion of the Works and the remedying

of any defects therein, but does not include Plant, materials or

other things intended to form or forming part of the permanent

works.

(vi) “Section” means a part of the works specifically identified

in the Contract as a Section.

(vii) “Site” means the place provided by the Employer where

the works are to be executed and any other places as may be

specifically designated in the Contract as forming part of the

site.

(g) (i) “Cost” means and expenditure properly incurred or to be

incurred, whether on or off the Site, including overhead and

other charges properly allocable thereto but does not include

any allowance for profit.

(ii) “day” means calendar day.

(iii) foreign currency” means a currency of a country than plan

that in which the works are to be located.

(iv) “Writing” means any hand-written, type-written, or printed

communication including telex, cable and facsimile

transmission

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PART - IV

SPECIAL CONDITIONS

OF

CONTRACT

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1. DEFINITIONS

Throughout the Contract Documents i.e. Letter of Intent, the Conditions of Contract,

Technical Specifications and Proforma of Bank Guarantee, and Annexures the following

words and expressions shall have the meaning hereby assigned to them except where the

context otherwise required.

a. P.Q.A. means the Port Qasim Authority, headed by the Chairman who will employ the

Contractor. The address and contact numbers are as under:

Port Qasim Authority

Bin Qasim

Karachi – 75020, Pakistan

Tel No. 99272111 – 30

Telex No. 22633 QASIM PAK

Fax No. 021- 4730108-9

b. The Employer/charterer is Port Qasim Authority and the Employer‟s representative

is Director General (Operations). All Administrative matters pertaining to the Contract are

to be decided by Employer / Employer‟s Representative and the decisions or instructions are

to be complied accordingly by deputed Officer as per Provision of Contract.

c. Contractor means the person/persons or firm or company whose Tender has been

accepted by PQA and includes the Contractor‟s legal personal representatives successors and

permitted assigns.

d. Work means the work of providing and operating on Hire basis for Port Operations as

directed by the Harbour Master or his authorized officer / representative for pilotage of Ships

or any other conservancy services as per requirement of PQA in accordance with and

throughout the currency of the Contract and includes all supplies and performance mentioned

in the Contract.

e. Engineer means the respective Director at Port Qasim Authority or any other person duly

appointed by the PQA, in fulfillment of Marine Engineering, Legal, Financial or Stores

related concerns or implications if any, in order to look after the best interests of PQA

pertaining to the Contract. If the Employer / Employer‟s Representatives so desires, they

would act as coordinating officers in correspondence with Contractor and will comply to the

Employer / Representative‟s decisions and / or Instructions if any, on Employer /

Representative behalf, if not advised otherwise by the Employer / Employer Representative

on contractual matters.

f. „Operation‟ means the work, being executed in accordance with the Contract and shall

include all supplies and performances mentioned therein. This includes Pilotage of a Ship or

any Conservancy Service for PQA.

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g. Letter of Intent (LOI) means the formal letter of intent issued by the PQA to the

Tenderer informing him of acceptance of his Tender.

i. “Contract” means the Contractual Agreement between PQA and the Contractor for the

execution of the works and includes the following documents:

... The Letter of Intent

… Letter of Acceptance by Contractor

… Tender Documents completely filled, signed and stamped.

… Integrity Pact

… Any other related documents

i. „Price of the Contract‟ means the Price of the accepted Tender as given in Letter of

Intent, inclusive of all additions thereto or deductions there from as may be permissible under

the provisions of the Contract.

j. „Act‟ means other than the context of a statute, the physical action of pilot boat to meet the

work requirements of Port Qasim as per instruction of the Harbour Master as detailed in the

Contract documents.

k. „Approved‟ means approved in writing including subsequent written confirmation of

previous verbal orders.

l. „Approval‟ means written approval including the aforementioned. Any data or documents

submitted with the Tender are only then deemed approved when expressly so fixed in the

Contract.

2. Inspection of Pilot Boat by P.Q.A.

Technically qualified bidder will make earliest arrangements for initial inspection of

their Craft by PQA team. However, final acceptance of the Craft will be subject to the

satisfactory performance during inspection test / trial for fitness and readiness of the offered

Craft on arrival at Port Qasim. It will be verified that all relevant and valid, Original

Certificates as per Tender requirement are available on board Craft (all Photocopies to be

provided to PQA). Suitable layout of space and fittings to facilitate Pilot boarding on Ships

and disembarkation, under all weather / sea conditions. The same fitness standards to be

maintained during Charter period.

3. The Rates

Rates should be quoted in Pak rupees

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4. Terms of Operation

a. The successful bidder shall position Pilot Boat at Port Muhammad Bin Qasim and

commence the operations (within 02 weeks of receiving Letter of Intent) as per

instruction of the Harbour Master of PQA.

b. Daily hire rate of the Pilot Boat will be on flat rate per day.

c. The Pilot Boat will be in perfect operational conditions and should be remain all weather

sea going class throughout the contract period, registered with or equivalent class of

BV/ABS or any other International Classification Society (approved by IACS) and

MMD throughout the currency of the contract.

d. The Contract for Pilot Boat shall be for a period of One year (+/- 30 days) which may be

extended for further period, on same terms and conditions, subject to 90 days notice.

e. The Pilot boat placed at the services of P.Q.A. at Port Qasim shall be deployed as per

instructions of Harbour Master or any other officer authorized by him.

f. All income taxes and NOC / Clearance from DG (P&S) / MMD etc, is the responsibility

of the Contractor.

g. All charges and expenditures on Pilot boat on account of Crew expenses, overtime,

repair, maintenance, workman compensation insurance, third party liability insurance

etc will be borne by the Contractor as per terms of the contract.

h. The requirements of fuel / light diesel oil for hired Crafts, during Contract period are to

be borne and supplied by PQA. However, all lubricants or any other materials required

for operations of boat to be arranged / supplied and borne by Contractor.

i. The Pilot boat services ordered through VHF shall be confirmed if required by the

harbour master office with in twenty-four hrs. The Pilot boat must get the time recorded

with the control tower of PQA at the beginning and at the end of Tugging or pilotage act.

5. Act of Pilot Boat

a. The Contractor shall be responsible for the complete maintenance and entire operations

of Pilot Boat. Accordingly, the Contractor shall maintain his Craft in fully operational

condition, round the clock for PQA use throughout the Charter period.

b. PQA may at its own discretion, use the hired Pilot boat of the Contractor/s or of the

Authority‟s jointly or separately, as the case may be to attend the works as and when it

deems fit.

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c. The Pilot Boat may be allowed „OFF‟ for maintenance against prior permission of the

PQA Engineer on the following conditions.

(i) The allowable maintenance period would be for a maximum of one day or 24 hours in

a Month and if the maintenance period would not be availed in the month the period

would lapsed. The period for the maintenance would be allowed by the Director (Ops.

Maint) or his authorized officer in writing after the request for the same has been made

by the Contractor in writing.

6. Performance Bond

a. The Successful Bidder shall submit a Performance Bond of amount equal to 10% of the

contract value for Pilot Boat before signing of the Contract Agreement, for due

performance of the contract, issued by a scheduled bank in Pakistan (Karachi based)

having a „AA‟ rating, as Guarantor for the proper and conscientious execution of the

Contract, in the form of a bank guarantee on prescribed form of tender document at

Annex-L.

b. All cost incurred in respect of submission of Tender and signing of Contract and

submission of performance security shall be borne by the Tenderer, and authority will

not bear any expenses in this regard whatsoever.

c. The performance security will be released by PQA not later than 30 days following the

date of completion of Contract.

d. The Performance Bond is binding, irrespective of variations, changes or time

extension, which are granted or agreed upon. It should be submitted according to the

form provided by PQA.

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7. Fitness of Pilot boat

a. The Contractor should satisfy the Engineer or any officer authorized by him in respect

of fitness of Pilot boat by producing valid original certificates, issued by Ship Builder or

Lloyds or any other Classification Society (Member of IACS) and MMD duly

recognized by G.O.P. for the all weather sea-going class / status of the boat during

Charter period. Photocopies of all Original Certificates to be provided to Charterer /

PQA.

b. Speed and Performance trials of Pilot boat will be carried out at Port Qasim by PQA

Team including Harbour Master, Chief Engineer, as indicated earlier at Clause 2 of

Special Conditions of Contract.

c. Cost for such fitness tests and certificates shall be borne by the Contractor.

8. Clearance of Craft and Local Taxation

a. All business, sales, income, custom and other taxes / charges that may be levied in

accordance to the laws and regulation for the time being in force in Pakistan will be paid

by the employer / charterer.

9. Requirement of Insurance

a. The Contractor shall cover all risks incurring to him within this Contract through from

an insurance company as approved by PQA.

b. The insurance requirements will be effective from the date of signing of Agreement and

remain valid during Currency of the contract and for 30 days thereafter.

10. Damage to persons and property.

a. The Contractor shall indemnify the PQA against all losses and claims in respect of death

of or injury to any person or loss of or damage to any property which may arise out of or

in consequence of the execution of the contract and against all claims. Proceedings,

damages, cost charges and expenses whatsoever in respect thereof or in relation thereto.

b. The extent of such damages to PQA‟s property and amount of such claims as raised by

PQA against the Contractor shall be finalized and adjusted against any amount of money

due or which becomes due to the Contractor.

24

11. Third party Insurance

The Contractor shall, without limiting his obligations and responsibilities, ensure in the joint

names of the Contractor and the PQA, against liabilities for death of or injury to any person

including any employee of the PQA or loss of or damage to any vessel and property

including that of the PQA arising out the performance of the Contract.

12. Requirement of Insurances

a. The Contractor shall cover all risks incurring to him within this Contract through from an

insurance company as approved by PQA.

b. The insurance requirements will be effective from the date of signing of Agreement and

remain valid during Currency of the contract and for 30 days thereafter.

13. Giving of Notices & Payment of Fees, Taxes and duties

a. The Contractor is solely responsible for all corporation, profit and trade taxes, being paid

in Pakistan PQA will deduct advance income tax from the payment of the bills of the

Contractor in accordance with the prevailing laws of Pakistan, PQA does not assume any

liability for such taxes and duties imposed on the Contactor.

b. The Contractor shall keep the PQA indemnified against all penalties and liabilities of

every kind for breach of any such statue ordinance, law and bylaw. The PQA will not

effect any payment whatsoever to the Contractor in this connection as all relevant

amounts must have been included by him in the unit prices at the time of submitting his

Tender.

14. Certificates and payments

a. The Contractor shall submit bills for charter charges as per agreed terms to the Director

(Ops Maint) after the end of each month.

b. The Charterer / PQA is responsible to make the payment of bills within forty five days

from the date of the submission and verification of bills by the Engineer.

c. All monthly payments shall be considered as on account payment and shall be subject to

adjustment until Contractor‟s a final bill at the end of Contract is paid. Final bill shall be

submitted with an endorsement that the Contractor has no other claim except the amount

claimed in the final bill.

d. Logbook of the pilot boat should be provided to Chief Engineer PQA as and when

required.

25

15. Anchorage / berthing facilities

The Pilot boat will normally be permitted in station at a place in Port Qasim water to be

decided by Harbour Master. No dues/charges in respect of anchoring/ mooring/ berthing

will be levied against the craft by PQA when they occupy any anchorage, mooring or berth

in the port during the currency of Contract.

16. Liquidated damages:

a. In case of failure by Contractor to provide Pilot boat continuously over 72 hours,

during contractual period on PQA Harbour Master‟s demand then the Contractor shall

pay liquidated damages as compensation to PQA equal to two times the Contractual

rates on prorata basis for deployment of the craft against each unattended / non-

operational hour for the required services.

b. If the Pilot boat called for the act through VHF has not physically moved from the

place of parking within 30 minute for the required place for the act the said liquidated

damages as per rates above at para-16 a, will be levied for the period of delay from

the time VHF message is passed till the time it physically moves and reports for duty

as directed by Harbour Master.

c. In case of a delay resulting in cancellation of the acts by Harbour Master for the entire

day due to failure of the Contractor in providing Pilot boat at PQA Harbour Master‟s

demand then the said liquidated damages would be levied for a period of twenty four

hours. Decision of Harbour Master in respect of delay shall be deemed final and

binding on Contractor.

d. Contractor‟s failure to maintain the Pilot boat in operational condition round the clock

as provided in the Contract and/or as directed by the Engineer shall be a just cause for

cancellation/termination of the Contract.

17. Legal basis, Arbitration – settlement of disputes

a. This agreement will be subject to law of Pakistan and Pakistani courts shall have

exclusive jurisdiction to hear and determine all actions and proceedings arising out of

the Contract. And the Contractor hereby submits to the jurisdiction of the Pakistan

courts for the purpose of any such actions and proceedings. However the settlement of

any disputes between parties in the manner laid down below in sub clause (b), (c), (d),

(e) and (f) will be a condition precedent to initiating the proceeding in court.

26

b. In case of any disputes, in connection with or arising out of the Contract the matter

shall be referred to the engineer who shall settle it and give his decision within 15

days after having been requested to do as in writing. The decision of the engineer in

respect of every matter as referred shall be final and binding upon the Contractor until

completion of works and shall forthwith be given effect by the Contractor, who shall

proceed with the works with all due diligence, whether he requires arbitration as

hereinafter provided or not. If engineer has given written notice of his decision to the

Contractor and no claim to arbitration has been communicated to him by the

Contractor within a period of 15 days from receipt of such notice the said decision

shall remain final and binding upon the Contractor. If the engineer shall fail to give

notice of his decision after being requested as aforesaid within a period of 15 days

after being requested as aforesaid /or if the Contractor should be dis-satisfied with any

such decision then the Contractor may within 15 days after receiving notice of such

decision, or within 15 days after the expiration of the first name period of 15 days as

the case may be, require that the matter in dispute be referred to arbitration as

hereinafter provided.

c. This arbitration will be carried out according to the Pakistan Arbitration Act 1940 or

any statutory modification or re-enactment there of for the time being in force. The

arbitration will be held in Karachi. The dispute / differences will be submitted to two

arbitrators, of whom one will be nominated by the PQA and the other by the

Contractor, who before entering upon their reference will appoint an umpire by

mutual agreement and if they do not agree, a Competent Court of Law shall appoint

the umpire final in the arbitration.

d. All disputes and differences, for which the eventual decision of engineer is not, as

aforesaid, final and binding, shall be finally settled by the arbitrators / umpire

nominated under this provision.

e. In case of arbitration, the Arbitration Act of Pakistan shall apply.

f. The arbitrators/umpires shall not enter on the reference until after the completion or

alleged completion of the works, unless it is with the written consent of the PQA and

the Contractor.

27

18. Termination of Contract

a. That in case either of the parties, i.e. PQA or the Contractor, is not satisfied with the

performance of other party, then in such circumstance the party aggrieved shall serve a

notice to the other part describing the cause of such dissatisfaction and calling upon them to

improve its services/working within a period of 7 days.

b. That if such defaulting party upon whom 7 days notice has been served, fails to

improve its working/services, then the party aggrieved shall be entitled to terminate that

Contract by giving 30 days notice in writing. During this period, there will be no suspension

of work by either party. However, the Contractor may be required to continue his services

till such time that alternative arrangement is made by Charterer / PQA.

19. Unauthorized Occupancy of Berth

In case due to breakdown or any other reason Pilot boat occupy the berth or restrict the

movement of ships on any berth the Contractor is to pay revenue losses @ daily average

earning from the effected berth, calculated on the basis of last three month earnings.

20. Hindrance is Safe Navigation:

If due to any mishap or accident of whatever nature the craft become hindrance in safe

navigation or in movement of the vessels within the harbor, it is the responsibility of the

Contractor to remove that obstructions within a period of 05 days at his own risk and cost,

entirely to the satisfaction of the Engineer/Harbour master. Otherwise PQA will get it

removed at the risk and cost of owner of the craft and deduct the amount so incurred form

their bills.

21. Supply of Fuel

As per contract agreement fuel for Pilot Boats operation is to be provided by PQA. However,

proper Fuel Consumption and Balance record and Running Hours of Engines and boat is to

be maintained daily in a Log book on board by the Contractor staff, which is to be verified

by PQA Engineer / Representative. Accordingly daily report of Fuel Consumption, Receipt

and Balance on board should be submitted by the Contractor to Engineer / Representative on

daily basis, whereas, monthly requirement is to be forwarded by the Contractor to PQA /

Engineer well in advance of one month to ensure performance of contractual works at all

time. Accordingly arrangement of lubricants is the sole responsibility of Contractor.

28

TO BE SUBMITTED SEPRATELY

IN SEALED ENVELOPE

PART -V

FINANCIAL OFFER

29

TO BE SUBMITTED SEPERATELY

IN SEALED FINANCIAL BID ENVELOPE

BILL OF QUANTITY FOR PILOT BOAT

1. Quotation at flat day rate RUPEES

with full responsibilities in words _______________________ only

of Operation, Maintenance,

manning and lubricants of boat

(without Fuel cost)

NOTE:

1. Bills to be raised on monthly basis.

2. Payment shall be made at the rate on the date of submission of bills.

30

PART-VI

ANNEXURES

31

Annex - A

GENERAL INFORMATION

Company

Name:…………………………………………………………………………………………

………………………………………………………………………………………….

1. Head Office Address……………………………………………………………

……………………………………………………………………….…………………

………………………………………………………………

………………………………………………………………………………………………

……………………………………………………………………

Tel. No. ………………… E.mail……………………………………………

Fax……………………… No……………………………………………….

2. Regional Office Address (if any)

Address:……………………………………………………………………….……………

…………………………………………………………………………………..

Tel.No.…………………E.mail……………… Fax No…… ………………….

3. Local Office / Agent Address

Address:………………………………………………………………………….

Tel.No.…………………E.mail…………………….. Fax No……………………..

4. Name and position in the organization, of the person to be contacted.

32

Annex - B

EXPERIENCE OF THE FIRM:

In the relevant field

…………………………………………………………………………………………….

…………………………………………………………………………………………

1………………………………………….

2………………………………………….

3…………………………………………..

4………………………………………….

5………………………………………….

6………………………………………….

7………………………………………….

8………………………………………….

Since……………………………………

Since……………………………………

Since ………………………………..

Since ……..…………………………….

Since………..…………………………….

Since..……………………………….

Since…….……………………………….

Since …………………………………….

33

Annex - C

FINANCIAL DATA

A. Summary of assets and liabilities on basis of the audited financial statement of the

last three financial years.

Year Year Year

1

.

2.

3.

4.

5.

6.

Total Assets

Current Assets

Total Liabilities

Current Liabilities.

Net Worth (1-3)

Working Capital (2-4)

B.

1. Name / Addresses of Commercial Bank in the country of origin and local branch

providing credit line:

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

2. Approx. Amount of credit line:

………………………………………………………………………………………

………………………………………………………………………………………

Attach copies of the Banker‟s Certificate, audited financial statements of the last three

financial years

34

Annex - D

LIST OF ALL ONGOING CONTRACTS PERTAINING TO PILOT BOAT

NAME OF

CONTRACT

VALUE NAME OF

OWNER

SCHEDULED

COMPLETION DATE

TOTAL

VALAUE

35

Annex - E

STAFF DETAILS

Sector Name(s) Age Total

Exp.

Key

Qualification/

Education

Designation Relevant

Experience

General

Management

Administration

Technical

Management

Site

Supervision

Others

NOTE: A Summary of the work experience of each key staff be attached.

Relevant Certificates of Competency of afloat staff onboard Pilot Boat must be at the

Craft.

36

Annex-F

TECHNICAL SPECIFICATION OF THE OFFERED PILOT BOAT

(TO BE PROVIDED BY BIDDER)

01. Age (Year of Built)

02. Length overall

03. Breadth

04. Draft

05. Hull construction

06. No. of Screws

07. Boat speed at RPM 90% MCR

08. Accommodation

09. Type of propulsion

10. International Classification Society

11. Nature / Type of Sea going Class for Pilot Boat

(as issued by Classification Society )

12. Main Engines Power BHP / Kilowatt

13. Navigational equipment on wheel house

14. No. and power of generators

15. Air Conditioning system for Pilot cabin

16. Fire fighting arrangement

17. Life saving equipment

18. Total Fuel Capacity onboard

19. Endurance

20. Average Fuel consumption per hour at rated speed

21. Any other information

Note: Documentary proof including relevant certificates of Builder and Lloyds or any other

IACS approved society to be provided by Bidders.

37

Annex- G

SPECIFICATIONS OF THE PILOT BOAT:

1 Length (LOA) 18 to 25 meters

2 Breadth 4 to 6 meters

3 Depth 3 meters approx

4 Draught 1.5 to 1.8 meters

5 Material (Hull) Steel / Aluminum

6 Age Upto 30 years

7 Working State

(Performance Parameters)

Beaufort Scale 6.

8 Maximum Speed 20 knots

9 Class Valid Class Certificate by approved

Classification Society or MMD Pakistan

10 Capacity of Pilot Cabin 8 Pilots

11 Propulsion Engines 2 in nos. certified marine type of reputable

make

12 Air-conditioning Level 20° C at 40° C Ambient Temp & RH of 95%

for Pilot‟s Cabin.

13 Fixed Diesel Generator Sets 2 in nos. each rated to cater to essential loads

including air-conditioners.

14 Navigation & Communication

Equipment

As mandatory on a Pilot Boat in accordance

with MMD Rules.

15 Tamper proof flow-meter For Display and Recording of Fuel

Consumption

16 Operating Environment at

Port Qasim Harbour

Ambient Temp 40 °C Relative Humidity

95%.

Note: Documentary proof including relevant Certificates of Builder and Lloyds or any other

IACS approved society to be provided by Bidders. Criteria (eg Sr no 5), for which

direct Certificate of Builder / Classification Society may not be available, then

Bidder‟s commitment subject to availability of other indirect supportive evidence of

Builder / Classification Society may be considered “responsive”.

38

Annex- H

NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE

INTEGRITY PACT

________________ hereby declares that it has not obtained or induced the

(the Seller/Supplier)

procurement of nay contract, right, interest, privilege or other obligation or benefit from

Government of Pakistan or any administrative sub-division or agency thereof or any other

entry owned or controlled by it (GoP) through any corrupt business practice.

Without limiting the generality of the foregoing ______________ represents and

(the Seller/Supplier)

warrants that it has fully declared the brokerage, commission, fees etc., paid or payable to

any one and not given or agreed to give and shall not give or agreed to give to anyone

without or out side 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 consultation fee or otherwise, with the object of obtaining or

including the procurement of a contract, right, interest, privilege or other obligation or

benefits in whatsoever form GoP, except that which has been expressly declared pursuant

hereto.

_____________ certifies hat it has made and will make full disclosure of all

(the Seller/Supplier)

agreements and arrangements with all persons in respect of or related to the transiting with

GoP and has not taken any action or will not take any action to circumvent the above

declaration, representation or warrant.

____________ accepts full responsibility and strict liability for making any false

(the Seller/Supplier)

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 nay 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 void able at the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard, (the

Seller/Supplier) agrees to indemnify GoP for any loss or damage incurred by it on account of

its corrupt business practices and further pay compensation to GoP in an amount equivalent

to ten time the same of any commission, gratification, bribe, finder‟s fee or kickbacks given

by (the Seller/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 from

GoP.

39

Annex- J

EVALUATION CRITERIA FOR TECHNICAL QUALIFICATION OF TENDERS Mandatory Requirements:

1. Income Tax + Sale Tax Registration are mandatory to qualify.

2. The minimum marks of qualify for financial bid opening are 65.

3. Last three years audited Financial Statements (P&L Statement and Balance Sheet)

S # Description Min.

Marks Max. Marks

1 Status of Firm a. Private Limited 10 Marks

Partnership 08 Marks Proprietorship 06 Marks

b. Completion of 10 years of firm establishment (provided proof) Completion of upto 10 years 05 Marks Completion of upto 08 years 04 Marks Completion of upto 05 years 03 Marks

c. Provide details of experience/profile and list of directors who are responsible to run the company affairs. 01 marks for each director / partner / proprietor.

Total

06

03

03

12

10

05

05

20

2 Professional Capability Management Staff a. Manager Operations (5 years experience) 03 Marks b. Manager Engineering (3 years experience) 03 Marks c. Manager Finance (MBA, 5 years experience) 02 Marks Operational Staff a. Master of Craft (As per MMD rules)

- Foreign Going Certificate 2.5 Marks - Inland Certificate 2.0 Marks

b. Marine Engineer (as per MMD rules) - MOT – I 2.5 Marks - MOT – II 2.0 marks - Licenses Engineer / Engine Driver-I / Crew 1.0 marks each 1.0 Marks

Total

08

14

22

03 03 02

05 04

05 04 04 30

3 Craft Deployment Experience a. Type of Pilot Boats

Conventional & Pilot Boats 6.0 Marks Pilot Boats UMS class 08 Marks

b. Organizations served to date For each organization 03 Marks

c. Track record / reference for satisfactory work For each reference 02 Marks

d. Boat Age / year of built If Boat age below 10 years 07 Marks If Boat age between 15 years 04 Marks If Boat age between 20-25 years 02 Marks

Total

06

03

02

02

13

08

06

04

07

25

4 Financial Soundness a. Working Capital

(current assets Less current liabilities) - Rs. 5million and above 12 Marks - Rs. 3 million and above 10 Marks - Rs. 2 million and above 08 Marks - Below Rs.2 million 00 Marks b. Turnover (gross Revenue) of last three years - Rs. 15 million and above 13 Marks - Rs. 10 million and above 12 Marks - Rs.5 million and above 10 Marks

Total

08

10

18

12

13

25

Grand Total 65 100

40

Annex- K

FORM OF CONTRACT

THIS CONTRACT AGREEMENT is made at Karachi on this ___________ day of

_____________2015 between PORT QASIM AUTHORITY incorporated and established

under Port Qasim Authority Act 1973 (Act XL.III dt 1973), hereinafter referred to as the

“EMPLOYER” (which expression shall where the contract so requires and admit and include

its successors-in-interest and assign on the ONE PART.

AND

M/s. ______________________________________ sole /Proprietor/ partnership Private

Limited, having registered office at ____________ hereinafter referred to as the

CONTRACTOR (which expression shall wherever the contract so requires and admits

include its successors-in-interest and assign) at the OTHER PART.

WHEREAS the Employer desires to award certain works viz., Supply of One Pilot Boat (as

per terms and conditions of Tender documents) on hire for one year, which should be

executed by the Contractor and has accepted a Tender by the Contractor for the execution and

completion of such works and the remedying of any defect/s herein.

1. In this agreement words and expressions shall have the same meanings as are respectively

assigned to them in the conditions of Contract herein after referred to.

2. The following documents shall be deemed to form and be read and construed as integral

part of this agreement, via.

a. Tender notice dated _____________

b. Letter of Intent.

c. The Letter of Acceptance by Contractor.

d. The tender documents, completely filled, signed and stamped on each page.

e. Performance Bond.

f. Insurance Policies.

g. Integrity Pact.

41

3. That the above-mentioned documents contain the entire contract between the parties

hereto and shall not be modified in any manner except by a protocol in writing signed by

one respective parties.

4. In consideration of the payments to be made by the Employer to the Contractor as

hereafter mentioned, the Contractor hereby covenants with the Employer to execute and

complete the works in conformity and in all respects with the provision of the Contract.

5. The Employer hereby covenants to pay the Contractor in consideration of the execution

and completion of the works as per provision of the contract, the Contract sum or such

other sums as may become payable under the provision of the Contract at that times and

in the manner prescribed by the Contract.

6. IN WITNESS WHEREOF THE parties hereto have caused this contract agreement to be

signed on the day stated above:

EMPLOYER CONTRACTOR

______________ ________________

Authorized Signature Authorized Signature

1) WITNESS 1) WITNESS

_____________ ______________

_______________ _______________

_______________ _______________

2) ______________ 2) ____________

_________________ ________________

__________________ _________________

42

Annex-L

PERFORMANCE BOND

Guarantee No. _________________

Executed on _________________

Expiry Date _________________

Letter by the Guarantor to the Employer

Name of Guarantor (Bank) with address: _________________________________

Name of Principal (Contractor) with address: _____________________________

Penal Sum of Security (express in words and figures) _______________________

___________________________________________________________________

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 Employer) in the

penal sum of the amount stated above for the payment of which sum well and truly to be

made to the said Employer, 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 Employer‟s above said Letter of Acceptance for _______________

___________________________ (Name of Contract) for the _________________

___________________________ (Name of Project).

NOW THEREFORE, 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

Employer, 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 void; otherwise to remain in full

force and virtue till all requirements and Conditions of Contract are fulfilled.

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.

43

We, _________________________________________(the Guarantor), waiving all

objections and defences under the Contract, do hereby irrevocably and independently

guarantee to pay to the Employer without delay upon the Employer‟s first written demand

without cavil or arguments and without requiring the Employer to prove or to show grounds

or reasons for such demand any sum or sums up to the amount stated above, against the

Employer‟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

Employer‟s designated Bank & Account Number.

PROVIDED ALSO THAT the Employer shall be sole and final judge for deciding whether

the Principal (Contractor) has duly performed his obligations 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 Employer

forthwith and without any reference to the Principal or any other person.

IN WITNESS WHEREOF, the above-bounden Guarantor has executed this Instrument 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. ______________________ 1. Signature ____________________

_______________________ 2. Name ____________________

Corporate Secretary (Seal)

3. Title ____________________

2. _______________________

_______________________ _______________________

Name, Title & Address (Seal) Corporate Guarantor (Seal)