BIDDING DOCUMENTS

FRAMEWORK CONTRACT FOR PROVISION OF COMMITTED INFORMATION RATE (CIR) INTERNET BANDWIDTH SERVICES

NAME OF PROCURING AGENCY

DRUGS TESTING LABORATORY FAISALABAD

CORRESPONDENCE ADDRESS

A-BLOCK GHULAM MUHAMMAD ABAD, NEAR DPS SCHOOL FAISALABAD. PHONE No.: 041-9330300

FAX No.: 041-9330301

E-MAIL: directordtlfsd@gmail.com

DRUGS TESTING LABORATORY, FAISALABAD

Phone: No. 041-9330300, E-mail: directordtlfsd@gmail.com

CONTENTS

Bid Data Sheet....................................................................................................................................

SECTION 1.........................................................................................................................................

Invitation to Bid................................................................................................................................

Letter of Invitation........................................................................................................................

SECTION II.........................................................................................................................................

Instructions to Bidders

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

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

3. Eligible Bidders. .................................................................................................................

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

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

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

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

The Bidding Procedure

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

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

The Bidding Documents

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

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

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

Preparation of Bids

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

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

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

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

17. Samples. ........................................................................................................................

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

19. Documentation on Eligibility of Goods. ...........................................................................

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

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

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

Submission of Bids

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

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

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

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

Opening Evaluation of Bids

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

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

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

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

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

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

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

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

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

Award of Contract............................................................................................................................

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

37. Procuring Agency’s Right to vary quantities at the time of Award. ..................................

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

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

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

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

42. Price Reasonability Certificate........................................................................................

SECTION III.

Schedule of Requirements & Technical Specifications...............................................

SECTION IV.

Evaluation Criteria....................................................................................................................

SECTION V.

Bid Form......................................................................................................................................

Bid Cover Sheet....................................................................................................................

Bid Form 1...................................................................................................................................

Bid Form 2....................................................................................................................................

Bid Form 3(A)...........................................................................................................................

Bid Form 3(B)...........................................................................................................................

Bid Form 4................................................................................................................................

Bid Form 5(A)...........................................................................................................................

Bid Form 5(B)...........................................................................................................................

Bid Form 6................................................................................................................................

SECTION VI

Draft Standard Contract.......................................................................................................

Special Conditions of the Contract...............................................................................................

General Conditions of Contract (GCC)

CHECK LIST

The provision of this checklist is essential prerequisite along with submission of tenders/ technical offers.

INVITATIONS FOR BIDDERS FOR FRAMEWORK CONTRACT FOR PROVISION OF COMMITTED INFORMATION RATE (CIR) INTERNET BANDWIDTH SERVICES DRUGS TESTING LABORATORY FAISALABAD A-BLOCK GHULAM MUHAMMAD ABAD FAISALABAD

1. Drugs Testing Laboratory Faisalabad, A-Block, Ghulam Muhammad Abad, Faisalabad, invites sealed bids from the eligible bidders for Framework contract for provision of committed information rate (CIR) internet bandwidth services on free delivery to Consignee’s end basis. Detailed specifications along with bill of quantities of Framework contract for provision of committed information rate (CIR) internet bandwidth services are given in the bidding documents. The Government of Punjab has allocated funds in the specific head of Drugs Testing Laboratory Faisalabad.

2. Interested bidders may get the bidding documents & detailed specifications from the office of Drugs Testing Laboratory Faisalabad, A-Block, Ghulam Muhammad Abad, Faisalabad, on submission of written application on their letter head and a copy of CNIC along with payment of non- refundable fee of Rs.500/- (Five Hundred only) for each set of bidding documents & detailed specifications.

3. Bidding documents including detailed specifications, terms & conditions shall be issued up to 01.02.2020 till 02:30PM. However, a copy of the bidding documents is also available for information only on the websites of Punjab Procurement Regulatory Authority (www.ppra.punjab.gov.pk) until the closing date for the submission of bids.

4. Bidding shall be conducted through Single Stage – Two Envelopes bidding procedure, as per Rule 38(2) (a) of Punjab Procurement Rules, 2014. The envelopes shall be marked as “Financial Proposal” and “Technical Proposal” separately in bold and legible letters. Financial proposal of bids found technically non-responsive shall be returned un-opened to the respective bidders.

5. Sealed bids are required to be submitted by the interested bidders till 01 .02.2020, 02:30pm positively in the Office of Procurement Officer DTL Faisalabad. The bids received till the stipulated date & time shall be opened on the same day at (03:00 pm) in the presence of the bidders or their authorized representatives (who choose to attend) by the purchase committee. 2% Bid Security (Rs. 16,000/-) of the total estimated price (Rs.8,00,000/-) in the shape of Pay Order/Bank Draft/Deposit at Call/Irrevocable Bank Guarantee from any scheduled bank is required to be furnished with the Technical Bid otherwise bid will be rejected. Late bids shall not be entertained.

6. All bids should be submitted in tape binding. All documents should contain proper page marking, attached in sequence as indicated for evaluation in the bidding documents and signatures of authorized person. Moreover, signing and stamping of each page of bidding documents/form is mandatory.

7. In case the date of opening or last date of sale is declared as a public holiday by the government or non-working day due to any reason, the next official working day shall be deemed to be the date of sale and submission and opening of tenders accordingly. The time and venue shall remain the same.

8. The bidders are requested to give their lowest and best prices with their bids as no negotiations on the prices are allowed.

Note: The procurement shall be governed by the Punjab Procurement Rules, 2014.

Director

Drugs Testing Laboratory Faisalabad

BID DATA SHEET

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

Section-II

INSTRUCTIONS TO BIDDER

1. Scope of Bid

1.1 Drugs Testing Laboratory Faisalabad, A-Block, Ghulam Muhammad Abad, Faisalabad invites bids for Framework contract for provision of committed information rate (CIR) internet bandwidth services specified in the Section III, Schedule of Requirements & Technical Specifications

2. Source of Funds

2.1 The Government of Punjab allocated funds in the specific head of Drugs Testing Laboratory Faisalabad for the purpose of Framework contract for provision of committed information rate (CIR) internet bandwidth services.

3. Eligible Bidders

3.1 This Invitation for Bids is open to all original manufacturers/their authorized sole agents/suppliers and in case of imported goods their authorized agents/importers/suppliers in Pakistan for supply of Goods more specifically described in the Section III, Schedule of Requirements & Technical Specifications.

3.2 Government-owned enterprises in Pakistan may participate only if they are legally and financially autonomous and authorized to participate in bidding.

3.3 Bidders under a declaration of ineligibility for corrupt and fraudulent practices issued by any Government (Federal, Provincial or Local) or a public-sector organization are not eligible.

4. Corrupt or Fraudulent Practices and Mechanism to Debar/Blacklist the Default Bidder.

4.1 The Punjab Procurement Regulatory Authority, Government of Punjab, defines Corrupt and Fraudulent Practices as “the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official or the contractor in the procurement process or in contract execution to the detriment of the procuring agency; or misrepresentation of facts in order to influence a procurement process or the execution of a contract, collusive practices among bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the procuring agency of the benefits of free and open competition and any request for, or solicitation of anything of value by any public official in the course of the exercise of his duty; it may include any of the following practices:

(i) coercive practice by impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence the actions of a party to achieve a wrongful gain or to cause a wrongful loss to another party.

(ii) collusive practice by arrangement between two or more parties to the procurement process or contract execution, designed to achieve with or without the knowledge of the procuring agency to establish prices at artificial, noncompetitive levels for any wrongful gain;

(iii) corrupt practice by offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the acts of another party for wrongful gain;

(iv) fraudulent practice by any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(v) obstructive practice by harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract or deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements before investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or acts intended to materially impede the exercise of inspection and audit rights;

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

4.3 The following are the events which would lead to initiate under Rule 21 of PPRA Rules 2014 Blacklisting / Debarment process;

i. Submission of false fabricated / forged documents for procurement in tender.

ii. Not attaining required quality of work.

iii. Inordinate tardiness in accomplishment of assigned/agreed responsibilities / contractual obligations resulting loss to procuring agency / Government.

iv. Non-execution of work as per terms & condition of contract.

v. Any unethical or unlawful professional or business behavior detrimental to good conduct and integrity of the public procurement process.

vi. Involvement in any sort of tender fixing.

vii. Persistent and intentional violation of important conditions of contract

viii. Non-adherence to quality specification despite being importunately pointed out.

ix. Security consideration of the State i.e., any action that jeopardizes the security of the State or good repute of the procuring agency.

PROCEDURE:

A notice will be issued to the agency/individual seeking it/his explanation for the lapses committed by it/him. The explanation will be required within 7 days from the date of issue (time will be fixed depending upon the intensity of lapses). In case its/his explanation is found unsatisfactory, a show-cause notice shall be issued providing an opportunity of being heard followed by decision for blacklistment for a maximum period of three years depending upon the intensity of lapses. The letter for debarring the agency/individual will be published on PPRA website. Once the blacklisting order is issued it shall not be revoked ordinarily unless as provided under Rule-21 of the procurement Rules 2014.

5. Eligible Goods and Services.

5.1 All goods and related services to be supplied under the contract shall conform to the policies of the Government of Punjab in vogue. All expenditures made under the contract shall be limited to such goods and services. For purposes of this clause, (a) the term “Goods” includes any goods that are the subject of this Invitation for Bids and (b) the term “Services” includes related ancillary services such as transportation, insurance, after sale service etc.

6. Cost of Bidding.

6.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Procuring Agency shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

7. Bidding for Selective Items.

7.1 A Bidder, if he so chooses, can bid for selective items from the list of goods provided in the Section III i.e., Schedule of Requirements & Technical Specifications. A Bidder is also at a liberty to bid for all the goods mentioned in the Section III i.e., Schedule of Requirements & Technical Specifications. However, Bidders cannot bid for partial quantities of an item mentioned in Section III i.e., Schedule of Requirements & Technical Specifications.

THE BIDDING PROCEDURE

8. The Governing Rules.

8.1 The Bidding procedure shall be governed by the Punjab Procurement Rules, 2014, of the Government of the Punjab.

9. Applicable Bidding Procedure.

9.1 The bidding procedure is governed by Rule 38 “Procedures for Selection of Contractors” sub-rule (2)(a) “Single stage – Two Envelops bidding procedure”. Bidders are advised also to refer to the Bid Data Sheet above to confirm the Bidding procedure applicable in the present bidding process.

9.2 The bidding procedure prescribed in the Bid Data Sheet above is explained below.

Single Stage: Two Envelope Bidding Procedure

Single stage two envelopes bidding procedure shall be used for procurement of such goods where the bids are to be evaluated on technical and financial grounds and the procedure for single stage two envelopes shall be:

(i) The bid shall be a single package consisting of two separate envelopes, containing separately the financial and the technical proposals;

(ii) The envelopes shall be marked as “Financial Proposal” and “Technical Proposal”;

(iii) in the first instance, the “Technical Proposal” shall be opened and the envelope marked as “Financial Proposal” shall be retained unopened in the custody of the procuring agency;

(iv) the procuring agency shall evaluate the technical proposal in the manner prescribed in advance, without reference to the price and shall reject any proposal which does not conform to the specified requirements;

(v) during the technical evaluation, no amendments in the technical proposal shall be permitted;

(vi) after the evaluation and approval of the technical proposals, the procuring agency shall open the financial proposals of the technically accepted bids, publically at a time, date and venue announced and communicated to the bidders in advance, within the bid validity period; (vii) the financial bids found technically nonresponsive shall be returned un-opened to the respective bidders; and

(viii) the lowest evaluated bidder shall be awarded the contract;

THE BIDDING DOCUMENTS

10. Contents of the Bidding Documents

10.1 The goods required, applicable bidding procedures, and Contract terms are prescribed in the Bidding Documents. In addition to the Invitation for Bids, the Bidding Documents include:

(a) Instructions to Bidders (ITB) (Section-II)

(b) Schedule of Requirements & Technical Specifications (Section-III)

(c) Evaluation Criteria (Section-IV)

(d) Bid Forms (Section-V)

i. Letter of Intention

ii. Affidavit

iii. Technical Forms

iv. Financial Forms

(f) Draft Standard Contract (Section-VI)

i. Contract Form

ii. General Conditions of the Contract

iii. Special Conditions of Contract,

10.2 The “Invitation for Bids” is not a formal part of the Bidding Documents and is included as a reference only. In case of discrepancies between the Invitation for Bid and the Bidding Documents listed in 10.1 above, the Bidding Documents shall take precedence.

10.3 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or to submit a bid not substantially responsive to the Bidding Documents in every respect shall be at the Bidder’s risk and may result in the rejection of its bid.

11. Clarification(s) on Bidding Documents.

11.1 A prospective Bidder requiring any clarification(s) on the Bidding Documents may notify the Procuring Agency in writing at the Procuring Agency’s address indicated in the Bid Data Sheet. The Procuring Agency shall respond in writing to any request for clarification(s) of the bidding documents, which it receives no later than ten (10) days prior to the deadline for the submission of bids prescribed in the Invitation for Bids. Written copies of the Procuring Agency’s response (including an explanation of the query but without identifying the source of inquiry) shall be sent to all prospective Bidders that have received the Bidding Documents.

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 own initiative or in response to a clarification(s) requested by a prospective Bidder, may modify the Bidding Documents by amendment(s).

12.2 All prospective Bidders that have received the Bidding Documents shall be notified of the amendment(s) in writing through Post, E-mail or Fax, and shall be binding on them.

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

PREPARATION OF BIDS

13. Language of Bids.

13.1 All correspondences, communications, associated with preparation of Bids, clarifications, amendments, submissions shall be written either in English or Urdu or both languages. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English or Urdu, in which case, for purposes of interpretation of the Bid, the said translation shall take precedence.

14. Documents comprising the Bids.

14.1 The Bid shall comprise of the Bid Forms of this Bidding Documents and all those ancillary documentation that are prescribed for the eligibility of the bidders and goods and ancillary services that are found necessary and highlighted in the Bid Forms in Section V.

14.2 The Bidder shall complete the Bid Forms and an appropriate Price Schedule furnished in the bidding documents, indicating the goods to be supplied, a brief description of the goods, their general and specific characteristics, ancillary services that the bidder is willing or required to provide along with the proposed price.

15. Bid Price.

15.1 The Bidder shall indicate on the appropriate form, prescribed in this Bidding Documents, the unit prices and total bid price of the goods, it proposes to supply under the Contract.

15.2 Form prescribed for quoting of prices is to be filled in very carefully, preferably typed. Any alteration/correction must be initialed. Every page is to be signed and stamped at the bottom. Tender Enquiry Number of the quoted item may be marked with red/yellow marker.

15.3 The Bidder should quote the prices of goods according to the technical specifications as provided in Section III of this document. The technical specifications of goods, different from the required specifications, shall straightway be rejected.

15.4 The Bidder is required to offer a competitive price. All prices must include the All types of taxes and duties, where applicable and all Ex-work & inland transportation & storage charges till the destination (on free delivery to Consignee’s end basis). If there is no mention of taxes, the offered/quoted price shall be considered as inclusive of all prevailing taxes/duties.

15.5 The benefit of exemption from or reduction in the taxes and duties shall be passed on to the Procuring Agency.

15.6 Prices offered should be for the entire quantity of an item demanded in the Section III i.e., Schedule of Requirement & Technical Specifications; partial quantity offers shall straightaway be rejected. Conditional offer shall also be considered as non- responsive bid.

15.7 No request for increase in price due to market fluctuation in the cost of goods and services shall be entertained.

16. Bid Currencies.

16.1 Prices shall be quoted in Pak Rupees.

17. Samples.

17.1 The Bidder shall provide samples of quoted goods along with the bid at his own cost and in a quantity prescribed by the Procuring Agency in Section III.

18. Documents on Eligibility of Bidders.

18.1 Bidder shall furnish, as part of its bid (Bid Form) as specified in Section V, documents establishing the Bidder’s eligibility to bid and its qualifications to perform the Contract if its bid is accepted.

18.2 The documentary evidence of the Bidder’s eligibility to bid shall to the Procuring Agency/s satisfaction that the Bidder, at the time of submission of its bid, is an eligible as defined under ITB Clause 3 above.

19. Documentation on Eligibility of Goods.

19.1 The Bidder shall furnish, as part of its bid (Bid Form) as specified in Section V, documents establishing the eligibility and conformity to the bidding documents of all goods, which the Bidder proposes to supply under the Contract.

20. Bid Security.

20.1 The Bidder shall furnish separately against such each quoted item/Tender Enquiry, as part of its financial bid, 2% Bid Security (Rs. 16,000/-) of the total estimated price (Rs.8,00,000/-) (denominated in Pak Rupee) in the shape of Pay order/Bank Draft/Deposit at Call/Irrevocable Bank Guarantee from any scheduled bank (as per the format provided in the Bidding Documents) in the name of the Purchaser. Failure to furnish the prescribed Bid Security shall result in the rejection of bid. Bid security must have minimum validity period of One Hundred & Eight (180) Days from the Last date for submission of the Bids or until furnishing of the Performance Security, whichever is later.

20.2 The Bid Security shall be forfeited by the Purchaser, on the occurrence of any/all of the following conditions.

i. If the bidder withdraws its bid during the period of bid validity specified in the bidding documents; or

ii. If the bidder does not accept the corrections of his total Bid Price; or

iii. If the bidder, having been notified for the acceptance of the bid by the Purchaser during the period of the bid validity, fails or refuses to furnish the Performance Security, in accordance with the Bidding Documents.

20.3 Unsuccessful bidder’s bid security shall be discharged or returned soon after announcement of the successful bids. The successful Bidder’s hid security shall be discharged upon signing of contract and furnishing the performance guarantee.

21. Bid Validity

21.1 Bids shall remain valid for the period identified in the Bid Data Sheet after the date of opening of technical bid prescribed by the Procuring Agency. A bid valid for a shorter period shall be rejected by the Procuring Agency as non-responsive.

21.2 A Procuring agency shall ordinarily be under the obligation to process and evaluate the bids within the stipulated bid validity period but, under exceptional circumstances and for reasons to be recorded in writing, if an extension is considered necessary, all the bidders shall be requested to extend their respective bid validity period but such extension shall not be for more than the original period of bid validity.

21.3 A Bidder who,-

a. Agrees to the extension of the bid validity period shall also extend the validity of the bid bond or security for the extended period of the bid validity;

b. Agrees to the procuring agency’s request for extension of bid validity period shall not be permitted to change the substance of the bid; and

c. Does not agree to an extension of the bid validity period shall be allowed to withdraw the bid without forfeiture of the bid bond or security.

22. Format and Signing of Bids.

22.1 The Bidder shall prepare and submit its bid and provide original documents, as appropriate. Copies of any documents must be signed and stamped by the bidder.

22.2 The Bid shall be accompanied by the original receipt for payment made for the purchase of the bidding documents. In an even where the Bidder has downloaded the bidding documents from the web, he will require to get the original payment receipt of the prescribed fee from the Procuring Agency well before the date of submission of bid.

22.3 The original bid shall be typed or written in indelible ink. All documents should contain proper page marking, attached in sequence as indicated for evaluation in the bidding document and signatures of authorized person. Moreover, signing and stamping of each page of bidding documents/form is mandatory.

22.4 Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the person or persons signing the bid.

SUBMISSION OF BIDS

23. Sealing and marking of Bids.

23.1 The envelopes shall be marked as “Financial Proposal” and “Technical Proposal” in bold and legible letters to avoid confusion. Similarly, the Bidder shall seal the proposals/bids in separate envelopes. The envelopes shall then be sealed in an outer envelope.

23.2 The inner and outer envelopes shall:

a) Be addressed to the Procuring Agency at the address given in the invitation for Bids; and

b) Bid Reference No. indicated in the Bid Date Sheet, Tender Enquiry No. indicated in Section III, Scheduled of Requirements &Technical Specifications and a statement: “DO NOT OPEN BEFORE,” the time and the date specified in the Bid Date Sheet for opening of Bids.

23.3 The inner envelopes shall also indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared as “non-responsive” or “late”.

23.4 If the outer as well as inner envelope is not sealed and marked as required by 23.1 to 23.4 above the Procuring Agency shall assume to responsibility for the bid’s misplacement or premature opening.

24. Deadline for Submission of Bids

24.1 All bids should be submitted in tape binding. Bid must be submitted by the Bidder and received by the Procuring Agency at the address on the time and date specif3ed in the Bid Date Sheet. Bid received later than the time and date specified in the Bid Date Sheet will stand summarily rejected.

24.2 The Procuring Agency may, in its discretion, extend the prescribed deadline for the submission of bids by amending the bidding documents in accordance with ITB Clause 12 above, in which case all rights and obligations of the Procuring Agency and Bidder previously subject to the deadline shall thereafter be 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 Procuring Agency pursuant to ITB Clause 24 shall be rejected and returned unopened to the Bidder.

26. Withdrawal of Bids

26.1 The Bidder may withdraw its bid after the bid’s submission and prior to the deadline prescribed for submission of bids.

26.2 No bid may be withdrawn in the period between deadline for submission of bids and the expiration of the period of bid validity specified in Bid Date Sheet. Withdrawal of a bid during this period may result in forfeiture of the Bid Security Submitted by the Bidder, pursuant to the ITB Clause 20 above.

OPENING AND EVALUATION OF BIDS

27. Opening of Bids by the Procuring Agency.

27.1 All bids received shall be opened by the Procuring Agency publically in the presence of the Bidders or their authorized representatives, who chose to attend the bid opening, on the date, time and venue prescribed in the Bid Date Sheet.

27.2 The opening of Bids, shall be subject to the Bidding Procedure prescribed in the Bid Date Sheet and elaborated ITB Clause 9 above.

27.3 All Bidders in attendance shall sign an attendance sheet.

27.4 The Procuring Agency shall open one Bid at a time and read out aloud its contents which may include name of the Bidder, items bided/quoted for and unit prices and total amount of the Bid (if applicable). The Procuring Agency may choose to announce any other details which it deem appropriate if not in conflict with the Punjab Procurement Rules-2014, specifically Rule 30 (Opening of Bids)

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/bid opening, except for late bids, which shall be returned unopened to the Bidder.

27.7 The financial bids found having without Bid Security shall also be returned unannounced to the Bidders. However, prior to return to the Bidder, the Chairman of the Purchase/Procurement Committee shall r cord a statement giving reasons for return of such bids(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. The request for clarification and the response shall be in writing, and no change in the prices or substance of the bid shall be sought, offered, or permitted.

29. Preliminary Examination.

29.1 The Procuring Agency shall examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

29.2 In the financial bids the arithmetical errors shall be rectified 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 price and quantity, the unit price shall be prevail, and the total price shall be corrected.

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

c) If there is a discrepancy between words and figures, the amount in words shall prevail.

29.3 Prior to the detailed evaluation, the Procuring Agency shall determine the substantial responsiveness of each bid to the bidding documents. For purposes of this clause, a su8bstantially responsive bid is one, which conforms to all the terms and conditions of the bidding documents without material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Applicable Laws, Taxes & Duties and internationally recognized best practices shall be deemed to be a material deviation for technical proposals and Bid Security for financial proposals. The Procuring Agency’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

29.4 If a bid is not substantially responsive, it shall be rejected by the Procuring Agency and may not subsequently be made responsive by the Bidder correction of the nonconformity.

30. Evaluation of Bids.

30.1 The Procuring Agency shall evaluated and compare the bids, which have been determined to be substantially responsive in accordance with ITB Clause 29 above.

30.2 All bids shall be evaluated in accordance with Evaluation Criteria and other terms and conditions set forth in these bidding documents i.e. Rule PPR 2014.

30.3 For the purposes of comparison of bids quoted in different currencies, the price shall be converted into Pak Rupees. The rate of exchange shall be the selling rate, prevailing o the date of opening of bids specified in the bidding documents, as notified by the State Bank of Pakistan/National Bank of Pakistan on that day.

30.4 A bid once opened in accordance with the prescribed procedure shall be subject to only those rules, regulations and policies that are in force at the time of issue of notice for invitation of bids.

31. Qualification of Bidder

31.1 A procuring agency, at any stage of the procurement proceedings, having credible reasons for, or prima facie of, any defect in the capacity or otherwise of a contractor, whether or not prequalified, may require the contractor to provide such further information concerning the professional, technical, financial, legal or managerial competence as the procuring agency may decide.

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

31.3 The Procuring Agency shall determine to its satisfaction whether a Bidder, technically and financially qualified and even having the lowest evaluated responsive bid is qualified to perform the Contract satisfactorily.

31.4 The determination can take into account the Bidder’s financial, technical, and production capabilities. It shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, as well as such other information as the Procuring Agency deems necessary and appropriate. Further, during the process of technical evaluation of Bidder, the Procuring Agency may inspect the manufacturing plant/production capacity/warehousing system/practices by team of experts for assessment, if it deems necessary.

31.5 An affirmative determination shall be a prerequisite for award of the Contractor to the Bidder. A negative determination shall result in rejection of the Bidder’s bid, in which event the Procuring Agency shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s capabilities to perform satisfactorily.

31.6 The procuring agency shall disqualify a contractor on the ground that he had provided false, fabricated or materially incorrect information.

32. Rejection of Bids

32.1 The Procuring Agency may reject all bids or proposals at any time prior to the acceptance of a bid or proposal as prescribed in Rule 35 of Punjab Procurement Rules-2014 (PPR-2014). The Procuring Agency shall upon request communicate to any Bidder who submitted a bid, the grounds for its rejection of all bids, but shall not be required to justify those grounds.

32.2 The Procuring Agency incurs no liability, solely by virtue of its invoking Clause 32.1 toward Bidders who have submitted bids.

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

33. Re-Bidding

33.1 If the Procuring Agency rejected all bids in pursuant to ITB Clause.

33.2 It may proceed with the process of fresh bidding but before doing that it shall assess the reasons for rejection and may, if necessary, revise specifications, evaluation criteria or any other condition.

34. Announcement of Evaluation Report

34.1 The Procuring Agency shall announce the result of the bid evaluation in form of a report, not inconsistent with Rule 37 of the Punjab.

35. Contacting the Procuring Agency.

35.1 Subject to ITB Clause 28 above, no Bidder shall contact the Procuring Agency on any matter relating to its bid, from the time of the bid opening to the time of announcement of Evaluation Report. If a bidder wishes to bring wishes to bring additional information to the notice of the Procuring Agency, it should do so in writing.

35.2 Any effort by a Bidder to influence the Procuring Agency in its decisions on bid evaluation, bid comparison, or Contract award may result in the rejection of the Bidder’s bid. Canvassing by any Bidder at any stage of the bid evaluation is strictly prohibited. Any infringement shall lead to disqualification.

AWARD OF CONTRACT

36. Acceptance of Bid and Criteria.

36.1 The Bidder whose bid is found to be most closely conforming to the Evaluation Criteria prescribed in Section IV and having the lowest evaluated bid, if not in conflict with any other law, rules, regulations or policy of the Punjab Government, shall be awarded the Contract, within the original or extended period of bid validity.

37. Procuring Agency’s Right to vary quantities at the time of Award.

37.1 The Procuring Agency reserves the right at the time of award of Contract to increase or decrease, the quantity of goods originally specified in Section III i.e. Schedule of Requirements & Technical Specifications without any change in unit price and other terms & conditions.

38. Notification of Award.

38.1 Prior to the expiration of the period of bid validity, the Procuring Agency shall notify to the successful Bidder in writing that its bid has been accepted.

38.2 The notification of award shall constitute the formation of the Framework Contract between the Procuring Agency and the successful Bidder.

38.3 The enforcement of the Contract shall be governed by Rule 63 of Punjab Procurement Rules-2014.

39. Limitation on Negotiations.

39.1 Save and otherwise provided in PPR-2014, Procuring Agency shall not negotiate with any bidder.

40. Signing of Contract.

40.1 After the completion of the Contract Negotiations the Procuring Agency shall send the Bidder the Contract from provided in the bidding documents, incorporating all agreements between the parties.

40.2 Within One week of receipt of the Contract Form, the successful Bidder and the Procuring Agency shall sign the Contract in accordance with the legal requirements in vogue.

40.3 If the successful Bidder, after completion of all codal formalities show an inability to sign the Contract then its Bid Security shall stand forfeited and the firm will be blacklisted and de-barred from future participation, whether temporarily or permanently.

40.4 The Contract is to be made on stamp paper wroth of Rs. @ 25 paisa per every one hundred rupees of the total value of the contract, under section 22(A)(B) of scheduled 1 of Stamp Duty Act 1899 read with Finance Act 1995 (Act-VI of 1995) Notification No. JAW/HD/8-21/(PG) dated 1st January 2014.

40.5 Contract validity will be one year (12 Months)

41. Performance Guarantee.

41.1 On the date of signing of Contract, the successful Bidder shall furnish a Performance Guarantee, on the Form and in the mannered prescribed by the procuring Agency.

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

41.3 Failure to provide a Performance Guarantee by the Bidder is a sufficient ground for annulment of the award and forfeiture of Bid Security. In such even the Procuring Agency may award the contract to the next lowest evaluated bidder or call for new bid

42. Price Reasonability Certificate.

42.1 The supplier shall Certificate on judicial stamp paper that the prices quoted to the Health Department, Government of the Punjab, against the items mentioned at Tender Enquiry are not more than the Trade Price as per MRP (Maximum Retail Price)

Section-III

SCHEDULE OF REQUIREMENTS

&

TECHNICAL SPECIFICATIONS

-

Schedule of Requirements:

The supplies shall be delivered in accordance with the Signed Contract and subsequent Purchase Order to be issued by the Procuring Agency, as per following schedule of requirements: -

Consignee’s End: Drugs Testing Laboratory Faisalabad.

1. The service provider will be bound to provide contract mentioned services for 24x7x365.

DETAILS OF FRAMEWORK CONTRACT FOR PROVISION OF COMMITTED INFORMATION RATE (CIR) INTERNET BANDWIDTH SERVICES ALONG WITH THEIR BILL OF QUANTITIES AND TECHNICAL SPECIFICATIONS

1. Minimum 20-Mbps (Downloading & Uploading) or higher as per requirement, CIR Internet Bandwidth on Optical Fiber or Wireless Link, with 8 WAN/Static IP Pool and one white listed IP for International Video Conferencing.

2. Backup link Minimum 20-Mbps or higher CIR Internet Bandwidth on Optical Fiber or wireless link with Auto Failover from Separate Ring.

3. Usage Limit: - Unlimited

4. The firm will be responsible for the laying, installation and terminating of all types of the cables, wireless equipment, tower, load balancer and allied equipment necessary for effective commissioning of the link for internet bandwidth.

5. The firm will be responsible for the failover configuration to transfer internet traffic to the backup link automatically through load balancer in case of any issue in the primary link. In case of failure of both the links the firm will be responsible to make the link operational within 1 hour.

6. All the equipment for the dedicated (CIR) circuit Installed at both the ends, will be the property of the frim and the firm will be responsible for its repair and maintenance at its own cost.

7. The firm will be responsible for the 99.16% uptime of the internet services.

8. The firm will be responsible for the technical support on the basis of 24x7x365.

9. The firm will be responsible to open the ports from PTA for video conferencing services. In this regard necessary required information/documents would be provided by the Drugs Testing Laboratory Faisalabad.

10. IP Address Pool /29 (8 WAN IPs) on each site.

11. Provisioning of NMS (MRTG etc.…) centralized and each site.

12. The firm must have its own ISP setup in major cities.

13. In case of problem/fault the complaint will be made telephonically by the Drugs Testing Laboratory Faisalabad. The firm will be responsible to attend the complaint call and resolve the issue within 1 hour.

14. The agreement will initially remain in force for a period of 1(One) year, however the same may be extended from time to time, as the parties may agree.

DIRECTOR

DRUGS TESTING LABORATORY FAISALABAD

SECTION-IV

EVALUATION CRITERIA

TECHNICAL EVALUATION CRITERIA FOR FRAMEWORK CONTRACT FOR PROVISION OF COMMITTED INFORMATION RATE (CIR) INTERNET BANDWIDTH SERVICES

SECTION-V

BID FORM

BID COVER SHEET

Bid Ref. No. ------------------------ Date------------------------

Name of the Supplier/Firm Contractor:

Address:

E-mail: Phone: Facsimile: Bid Security.

Bid Security attached with Financial Bid YES NO Bid for:

Selected Items from the Schedule of Requirements

Signed:

Dated:

Official Stamp:

Attachment: Original receipt for the purchase of the bidding documents.

BID FORM 1

LETTER OF INTENTION

Bid Ref No.

Date of the Opening of Bids

Name of the Contract :{ Add name e.g., Supply of Drugs and Medicines etc}

To: [Name and address of Procuring Agency]

Dear Sir/Madam,

Having examined the bidding documents including Addenda Nos. [insert numbers& Date of individual Addendum], the receipt of which is hereby acknowledged, we, the undersigned, offer to supply and deliver the Goods under the above-named Contract in full conformity with the said bidding documents and at the rates/unit prices described in the price schedule or such other sums as may be determined in accordance with the terms and conditions of the Contract. The above amounts are in accordance with the Price Schedules attached herewith and are made part of this bid.

We undertake, if our bid is accepted, to deliver the Goods in accordance with the delivery schedule specified in the schedule of requirements.

If our bid is accepted, we undertake to provide a performance security/guaranty in the form, in the amounts, and within the times specified in the bidding documents.

We agree to abide by this bid, for the Bid Validity Period specified in the Bid Data Sheet and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.

Until the formal final Contract is prepared and executed between us, this bid, together with your written acceptance of the bid and your notification of award, shall constitute a binding Contract between us.

We understand that you are not bound to accept the lowest or any bid you may receive.

We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in Pakistan.

We confirm that we comply with the eligibility requirements as per ITB clauses 18 &19 of the bidding documents.

Dated this [insert: number] day of [insert: month], [insert: year].

Signed:

In the capacity of [insert: title or position]

Duly authorized to sign this bid for and on behalf of [insert: name of Bidder]

Bidding Documents for the procurement of Drugs/Medicines, Surgical & Disposable Items etc. (Name & Address of Procuring Agency to be inserted here)

BID FORM 2

AFFIDAVIT

I/We, the undersigned solemnly state that:

1) I/We have read the contents of the Bidding Documents and have fully understood it.

2) I/We certify that our firm is not black listed by any procuring agency.

3) The Bid being submitted by the undersigned complies with the requirements enunciated in the bidding documents.

4) The Good that we propose to supply under this contract are eligible goods within the meaning of Clause 18 of the ITB.

5) The undersigned are also eligible Bidders within the meaning of Clause 19 of the ITB.

6) The undersigned are solvent and competent to undertake the subject contract under the Laws of Pakistan.

7) The undersigned have not paid nor have agreed to pay, any Commissions or Gratuities to any official or agent related to this bid or award or contract.

8) The undersigned are not blacklisted or facing debarment from any government, or its organization or project.

9) That the prices offered are not more than trade price.

10) I/We, further undertake that the prices given are reasonable and not given more than in any Government/autonomous/District Government institutions during the current financial year.

If any difference detected, the firm is bound to refund the difference in price.

I/We affirm that the contents of this affidavit are correct to the best of our knowledge and belief.

Signed:

In the Capacity of [insert: title or position] Duly authorized to sign this bid/affidavit for and on behalf of {insert: name of Bidder}

BID FORM 3(A)

Name of the Firm Bid Reference No:

Date of opening of Bid.

Documentary Evidence: Eligibility of the Bidders and Goods

1 Bidders should only initial against those requirements that they are attaching with the form 3(a). In case they do not have any document to attach the corresponding cell in column 2 should be left blank.

2Bidders are required to mention the exact page number of relevant document placed in the Bid.

3Bidders are advised to attach all Supporting documents with this form in the order of the requirement as mentioned in column 1.

4In case of Sole Agent

BID FORM 4

Firm’s Past Performance.

Name of the Firm: Bid Reference No:

Date of opening of Bid:

Assessment Period: (Minimum Two Years as per Evaluation Criteria)

Bidders may use additional Sheets if required. All certificates are to be attached with this form.

BID FORM 5(A)

Price Schedule

User Note: This form is to be filled by the Bidder for each individual quoted item and shall submit with Financial Proposal.

Name of the Firm: Bid Reference. No: Tender Enquiry No:

Date of opening of Bid.

Signature:

Designation:

Date:

Official Stamp:

9 If a Bidder does not wish to offer an item wise discount but intends to offer an overall discount to its quoted price that should be mentioned here.

BID FORM 6

Performance Guarantee

To: [Name & Address of the Procuring Agency]

Whereas [Name of Supplier] (hereinafter called “the Supplier”) has undertaken, in pursuance of Contract No. [Number] dated [date] to supply [description of goods] (hereinafter called “the Contract”).

And whereas it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank Guarantee by a scheduled bank for the sum of 2% of the total Contract amount as a Security for compliance with the Supplier’s performance obligations in accordance with the Contract.

And whereas we have agreed to give the Supplier a Guarantee:

Therefore we hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of [Amount of the Guarantee in Words and Figures] and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of [Amount of Guarantee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the day of , 201_

Signature and Seal of the Guarantors/ Bank

Address Date

T e n d e r D o c u m e n t s o f F r a m e w o r k C o n t r a c t f o r P r o v i s i o n o f

Section-VI

DRAFT STANDARD CONTRACT

Framework Contract Form

AGREEMENT

This Framework contract is made at on day of

201 , between the (Drugs Testing Laboratory Faisalabad), (hereinafter referred to as the “Purchaser”) of the First Part; and M/s (firm name) a firm registered under the laws of Pakistan and having its registered office at (address of the firm) (hereinafter called the “Supplier”) of the Second Part (hereinafter referred to individually as “Party” and collectively as the “Parties”).

WHEREAS the Purchaser invited bids for procurement of goods, in pursuance whereof M/s (firm name) being the Manufacturer/ authorized sole agent /Supplier of (item name) in Pakistan and ancillary services offered to

the required item (s); and

Whereas, the Purchaser has accepted the bid by the Supplier as per following detail;

NOW THE PARTIES TO THIS CONTRACT AGREE TO THE FOLLOWING;

1. The Contract: The following documents shall be deemed to form and be read and construed as integral part of this Contract , via:-

2. Interpretation:

In this Contract words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of this Contract hereinafter referred to as “Contract”:

3. The Term of the Contract: This contract shall remain valid for one year from the date of signing, unless amended by mutual consent.

4. The Supplier declares as under:

i. [Name of the Supplier] hereby declares that it has not obtained or induced the procurement of any Contract, right, interest, privilege or other obligation or benefit from Government of Punjab or any administrative subdivision or agency thereof or any other entity owned or controlled by it (Government of Punjab) through any corrupt business practice.

ii. Without limiting the generality of the foregoing, [the Supplier] represents and warrants that it has fully declared the brokerage, commission, fees etc, paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or including the procurement of a Contract, right interest, privilege or other obligation or benefit in whatsoever form from Government of Punjab, except that which has been expressly declared pursuant hereto.

iii. [The Supplier] certifies that has made and shall make full disclosure of all agreements and arrangements with all persons in respect of or related to the transaction with Government of Punjab and has not taken any action or shall not take any action to circumvent the above declaration, representation or warranty.

iv. [The Supplier] accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any Contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to Procuring Agency under any law, Contract or other instrument, be void able at the option of Procuring Agency.

v. Notwithstanding any rights and remedies exercised by Procuring Agency in this regard, [The Supplier] agrees to indemnify Procuring Agency for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to Procuring Agency in an amount equivalent to ten time the sum of any commission, gratification, bribe, finder’s fee or kickback given by [The Supplier] as aforesaid for the purpose of obtaining or inducing the procurement of any Contract, right, interest, privilege or other obligation or benefit in whatsoever form from Procuring Agency.

vi. In case of any dispute concerning the interpretation and/or application of this Contract shall be settled through arbitration. The (Name of Authority to be inserted here) or his nominee shall act as sole arbitrator.

The decisions taken and/or award made by the sole arbitrator shall be final and binding on the Parties.

5. Contract validity

Contract validity will be one year (12 Months) form the date of Acceptance of Advance Acceptance.

6. Items to be Supplied & Agreed Unit Cost:

(i) The Supplier shall provide to the Purchaser the items on the agreed cost more specifically described in the Price Schedule Submitted by the Bidder (Annex C).

(ii) Each Items supplied shall strictly conform to the Schedule of Requirements (Annex-

A) and to the Technical Specification (Annex B) prescribed by the Purchaser against each item

(iii) The Unit Cost agreed in the Price Schedule (Annex C), is inclusive of all taxation and costs associated with transportation and other agreed incidental costs.

7. Payments: The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and Services, as specified in the Schedule of Requirements and Technical Specification in accordance with the Price Schedule submitted by the Supplier, the amount against the delivered items or such other sum as may become payable under the provisions of this Contract at the time and in the manner prescribed by this Contract.

8. Mode of Payment: All payments to the Supplier shall be made through Crossed Cheques issued in the name of [supplier’s name]

9. Payment Schedule: All payments to the Supplier shall be made in accordance with the agreed Payment Schedule at Annex: F, upon satisfactory completion of delivery and fulfillment of documentary and codal formalities highlighted in the Payment Schedule at Annex F.

10. Performance Guarantee/Security:

(i) The Supplier, within 07 days of signing of this contract, shall provide to the Purchaser a Performance Security in the form of an Irrevocable Bank Guarantee equivalent to 2% of the total Contract amount having validity of one year from its date of issuance from any scheduled bank on the prescribed format and in prescribed manner. This Performance Guarantee/Security shall be released to the Supplier upon successful completion of the Contract.

(ii) Supplier’s Bid Security already submitted with the Bid shall only be released upon satisfactory submission of a Performance Guarantee/Security in accordance with sub- clause (i) above.

(iii) Failure to submit a Performance Guarantee/Security shall result into forfeiture of Bid Security and Cancellation of Contract. Failure to furnish the required Performance Guarantee/Security shall constitute a breach of the contract and the procuring agency shall be entitled to make other arrangement at risk and expenses of firm without any notice.

11. Penalties/ Liquidated Damages

(i) Wherein the Supplier fails to make deliveries as per signed contract & purchase order and within the stipulated time frame specified in the Schedule of Requirement, the Contract to the extent of non-delivered portion of supplies shall stand cancelled.

(ii) After the cancellation of the Contract no supplies shall be accepted and the amount of Performance Guaranty/Security to the extent of non–delivered portion of supplies shall be forfeited.

(iii) If the Supplier fails to supply the whole consignment and not able to deliver to consignee’s end, the entire amount of Performance Guaranty/Security shall be forfeited to the Government account and the firm shall be blacklisted minimum for two years for future participation.

(iv) The exact time frame for making supplies with and without penalty shall be indicated in subsequent purchase order.

(v) In case of late delivery of goods beyond the periods specified in the Schedule of Requirements and subsequent purchase order, a penalty @ 0.067% per day of the cost of late delivered supply /Services shall be imposed upon the Supplier.

12. Notices: All notices and correspondences incidental to this contract shall be in English language and shall be addressed to:

For the Purchaser:

(Name of procuring agency)

For the Supplier:

IN WITNESS Whereof the Parties hereto have caused this Contract to be executed at (the place) and shall enter into force on the day, month and year first above mentioned.

Signed/ Sealed: For the Manufacturer/ Authorized Supplier/ Authorized Agent.

Name of Contractor Designation in the Firm

Witnesses-1 on behalf of the Contractor

Sealed & Signed on behalf of Procuring Agency

(Procuring Agency)

Witnesses-1 on behalf of Procuring Agency

Witnesses-2 on behalf of the Contractor

Witnesses-2 on behalf of of Procuring Agency

Annex. A

Schedule of Requirements

The supplies/ Services shall be delivered in accordance with the signed frame work contract & subsequent purchase/work order issued by the Drugs Testing Laboratory Faisalabad as per following schedule of requirements:-

Consignee’s End: Drugs Testing Laboratory Faisalabad.

The service provider will be bound to provide contract mentioned services for 24x7x365.

Annex. B

Special Conditions of the Contract

& Technical Specifications

Transportation/Delivery / Technical Requirements

1. Successful bidder/service provider will be bound for at site (Drugs Testing Laboratory Faisalabad) Refilling, Recycling of Cartridges and Service/ overhauling of Printers and Photostate Machine.

2. The Supplier shall arrange such transportation of all the relevant material as is required to prevent their damage or deterioration during transit to their final destination and in accordance with the terms and manner prescribed in the Schedule of Requirement.

3. All costs associated with the transportation including loading/unloading of relevant materials and road taxes shall be borne by the Supplier.

4. All cost regarding installation of equipment/ transmission systems etc will be beard by the company

5. In case the two bidders offer same price for an item, the bidder having greater marks in the technical evaluation will be preferred.

6. Drugs testing laboratory Faisalabad is hiring services for provision of CIR Internet services from private sector due to non availability of services by National Telecommunication Cooperation (NTC) in the region. However, in case the said services are offered by NTC at any time, DTL Faisalabad may terminate the contract one month notice to the successful service providing firm.

7. Drugs Testing Laboratory Faisalabad may also terminate the agreement if,

a) The firm fails to make delivery of goods or services as specified in the Agreement.

b) The firm fails to perform any of the provision of this Agreement.

8.

Bidding Documents for the procurement of Drugs/Medicines, Surgical & Disposable Items etc. (Name & Address of Procuring Agency to be inserted here)

Annex. C

Price Schedule submitted by the Bidder.

(The approved price schedule submitted by the Bidder will be attached)

Purchaser’ s Notification of Award

Annex. D

(Advance Acceptance of Tender issued by the Procuring Agency will be attached)

Annex. E

Purchase Order

(Specimen Sample of PO)

No.

Dated

Additional instructions (if any):

1.

2.

3.

Annex F

Payment Schedule

a. 100% Payment to the Suppliers will be made by the concerned Purchaser/Disbursing & Drawing Officer (DDO;

I. Against satisfactory performance and upon submission of required documents satisfactory inspection report from Inspection committee) and in accordance with the procedure mentioned in Rule 64 and other relevant rules of Punjab Procurement Rules-2014.

II. On production of Inspection Certificate and receipt certificate from Consignee, after recovery of Government dues (if any) including Professional Tax and Testing Laboratory Testing Charges (if any).

b. Part Supply/ service is and part payment is allowed. The Payment will only be made after the receipt of requisite supply/ service

Annex. G

General Conditions of Contract (GCC)

1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the Purchaser (Drugs Testing Laboratory Faisalabad)and the Supplier, as recorded in the Agreement signed by the Parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its Contractual obligations.

(c) “The Goods” means all those supplies which the Supplier is required to supply to the Purchaser under the Contract.

(d) “The Services” means those services ancillary to the supply of above goods, such as printing of special instructions on the label and packing, design and logo of the Government of Punjab, transportation of goods upto the desired destinations and other such obligations of the Supplier covered under the Contract.

(e) “GCC” means the General Conditions of Contract contained in this section.

(f) “SCC” means Special Conditions of the Contract.

(g) “The Purchaser” means the Government of Punjab, Health Department, Civil Secretariat, Lahore.

(h) “The Supplier” means the individual or firm supplying the goods under this Contract. (i) “Day” means calendar day.

2. Application 2.1 These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract.

5. Use of Contract Documents and Information.

5.1

5.2

The Supplier shall not, without the Purchaser’s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Purchaser in connection therewith, to any person other than a person employed by the Supplier in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

The Supplier shall not, without the Purchaser’s prior written consent, make use of any document or information enumerated in GCC Clause

5.1 except for purposes of performing the contract.

5.3

5.4

Any document, other than the Contract itself, enumerated in GCC Clause 5.1 shall remain the property of the Purchaser and shall be returned (all copies) to the Purchaser on completion of the Supplier’s performance under the Contract if so required by the Purchaser.

The Supplier shall permit the Purchaser to inspect the Supplier’s accounts and records relating to the performance of the Supplier.

6. Patent Rights 6.1 The Supplier shall indemnify the Purchaser against all third- party claims

of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof

in the country.

7. Submission of Samples

7.1 Before commencing supplies, the Supplier shall provide samples free of cost, if and as specified in the Schedule of Requirements of the product to the designated office or staff,

as the case may be.

8. Ensuring storage arrangements

9. Inspections and Tests

8.1 To ensure storage arrangements for the intended supplies, the Supplier shall inform the Purchaser at least 0ne (01) week in advance. However, in case no space is available at the Purchaser’s premises at the time of supply, the Purchaser shall, at least 02 days prior to such situation, shall inform the Supplier, in writing, of the possible time frame of availability of space by which the supplies can be made. In case the Supplier abides by the given time frame it shall not be penalized for delay.

9.1 The Purchaser or its representative shall have the right to inspect and / or to test the goods in accordance with the procedure given in the SCC to confirm their conformity to the Contract specifications at no extra cost to the Purchaser.

21. Termination for Default

21.1 The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part:

(a) if the Supplier fails to deliver any or all installments of the goods within the period(s) specified in the signed contract, and subsequent Purchase order or within any extension thereof granted by the Purchaser pursuant to GCC Clause 20; or

(b) if the Supplier fails to perform any other obligation(s) under the Contract.

(c) if the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause Corrupt and fraudulent practices means:

“the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official or the contractor in the procurement process or in contract execution to the detriment of the procuring agency; or misrepresentation of facts in order to influence a procurement process or the execution of a contract, collusive practices among bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the procuring agency of the benefits of free and open competition and any request for, or solicitation of anything of value by any public official in the course of the exercise of his duty; it may include any of the following practices:

(i) coercive practice by impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence the actions of a party to achieve a wrongful gain or to cause a wrongful loss to another party;

(ii) collusive practice by arrangement between two or more parties to the procurement process or contract execution, designed to achieve with or without the knowledge of the procuring agency to establish prices at artificial, noncompetitive levels for any wrongful gain; (iii) corrupt practice by offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the acts of another party for wrongful gain;

(iv) fraudulent practice by any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(v) obstructive practice by harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract or deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements before investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or acts intended to materially impede the exercise of inspection and audit rights;

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

21.3 The following are the events which would lead to initiate under Rule 21 of PPRA Rules 2014 Blacklisting / Debarment process;

i. Submission of false fabricated / forged documents for procurement in tender.

ii. Not attaining required quality of work.

iii. Inordinate tardiness in accomplishment of assigned/agreed responsibilities / contractual obligations resulting loss to procuring agency / Government.

iv. Non-execution of work as per terms & condition of contract.

v. Any unethical or unlawful professional or business behavior detrimental to good conduct and integrity of the public procurement process.

vi. Involvement in any sort of tender fixing.

vii. Persistent and intentional violation of important conditions of contract

viii. Non-adherence to quality specification despite being importunately pointed out.

ix. Security consideration of the State i.e., any action that jeopardizes the security of the State or good repute of the procuring agency.

PROCEDURE:

A notice will be issued to the agency/individual seeking it/his explanation for the lapses Committed by it/him. The explanation will be required within 03 Days from the date of issue, (time will be fixed depending upon the intensity of lapses). In case its/his explanation is found unsatisfactory, a show cause notice shall be issued providing an opportunity of being heard followed by decision for blacklistment for a maximum period of three years depending upon the intensity of lapses. The letter for debarring the agency/individual will be published on PPRA website. Once the blacklisting order is issued it shall not be revoked ordinarily unless as provided under Rule-21 of the procurement Rules 2014.

“the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official or the contractor in the procurement process or in contract execution to the detriment of the procuring agency; or misrepresentation of facts in order to influence a procurement process or the execution of a contract, collusive practices among bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the procuring agency of the benefits of free and open competition and any request for, or solicitation of anything of value by any public official in the course of the exercise of his duty; it may include any of the following practices:

(i) coercive practice by impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence the actions of a party to achieve a wrongful gain or to cause a wrongful loss to another party;

(ii) collusive practice by arrangement between two or more parties to the procurement process or contract execution, designed to achieve with or without the knowledge of the procuring agency to establish prices at artificial, noncompetitive levels for any wrongful gain (iii) corrupt practice by offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the acts of another party for wrongful gain;

(iv) fraudulent practice by any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(v) obstructive practice by harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract or deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or

making false statements before investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or acts intended to materially impede the exercise of inspection and audit rights;

22. Force Majeure 22.1

22.2

Notwithstanding the provisions of GCC Clauses 20 and 21, the Supplier shall not be liable for forfeiture of its Performance Guaranty, or termination/ blacklisting for default if and to the extent that it’s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. For the purposes of this clause Force Majeure means an act of God or an event beyond the control of the Supplier and not involving the Supplier’s fault or negligence directly or indirectly purporting to mis-planning, mismanagement and/or lack of foresight to handle the situation. Such events may include but are not restricted to acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, earthquakes, strikes, epidemics, quarantine restrictions and freight embargoes.

If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing with sufficient and valid evidence of such condition and the cause thereof. The Purchaser shall examine the merits of the case and all reasonable alternative means for completion of the purchase order under the signed contract and inform the Supplier of its findings promptly.

TECHNICAL BID

Firm Name:

Firm Address:

Contact No.:

Authorized Person:

*Note: All the equipment installed for the dedicated (CIR) circuit Installed at both the ends, will be the property of the frim and the firm will be responsible for its new installation, repair and maintenance at its own cost.

FINANCIAL BID (SPECIMEN)

Firm Name:

Firm Address:

Contact No.:

Authorized Person:

Firm Stamp:

*Note: All the equipment installed for the dedicated (CIR) circuit Installed at both the ends, will be the property of the frim and the firm will be responsible for its new installation, repair and maintenance at its own cost.