Page 1 of 34

INDEX OF TENDER DOCUMENT FOR PROCUREMENT OF

COMPUTER AND OFFICE STATIONERY.

S. No. Description Page No.

(1) INVITATION TO BID 2
1. Tender for Bid 2
2. Public Procurement Rules 2
3. Methods of Advertisements(s) 2
4. Type of Open Competitive Bidding 2
(2) INSTRUCTIONS TO BIDDERS 2
5. Determination of Responsiveness of the Bid (Tender) 3
6. Rejection/Acceptance of the Bid 3-4
7. Headings and Titles 4
8. Notice 4-5
9. Tender Eligibility/Qualification Criteria 5
10. Tender Cost 5
11. Amendment of the Tender Document 5
12. Preparation/Submission of Tender 5-7
13. Tender Price 7
14. Bid Security (Earnest Money) 7-8
15. Tender Validity 8
16. Modification/Withdrawal of the Tender 8
17. Opening of the Tender 8
18. Clarification of the Tender 8-9
19. Correction of Errors/Amendment of Tender 9
20. Technical Evaluation Criteria 9-10
21. Financial Proposal Evaluation 10-11
22. Award Criteria 11
23. Acceptance Letter/Purchase Order 11
24. Performance Security 11
25. Term & Conditions of Contract Form 11
26. Redressal of Grievances by the Procuring Agency 12
27. Instruction For Preparation of Power of Attorney/Letter 12
of Authority
(3) FORM OF BID (FORM, SPECIFICATIONS, 12
LIST OF GOOD, BILL OF QUANTITIES AND
DETAILS OF STANDARDS
28. Form of bid for Procurement of Computer/Photostat 12
Papers.
29. Technical Proposal Form 13
30. Financial Proposal Submission Form 14
31. Form of Covering Letter 15
32. Form of Power of Attorney/Letter of Authority 16
33. Form of Undertaking 17
34. Form of Integrity Pact 18
 Page 2 of 34

35. Performance Security Form 19

36. Financial Capacity of the Tenderer/Bidder 20
37. Form Of Contract 21-22
(4) GENERAL OR SPECIAL CONDITIONS OF 23
CONTRACT
38. Contract 23
39. Contract Duration 23
40. Contract Documents and Information 23
41. Contract Language 23
42. Standards 23
43. Commercial Availability 23
44. Patent Right 23
45. Execution Schedule 23
46. Packing 23
47. Insurance 23
48. Labeling 23
49. Delivery 24
50. Inspection and Testing 24
51. Taking-Over Certificate 24
52. Warranty 24
53. Ownership of Goods and Replaced Components 25
54. Defects Liability Expiry Certificate 25
55. Payment 25
56. Price 26
57. Contract Amendment 26
58. Assignment/Subcontract 26
59. Extensions in time for performance of obligations 26
under the Contract
60. Liquidated Damages 26
61. Blacklisting 27
62. Forfeiture of Performance Security 27
63. Termination for Default 27
64. Termination for Insolvency 28
65. Termination for Convenience 28
66. Force Majeure 28
67. Dispute Resolution & Redressal of Grievances by the 29
Procuring Agency
68. Taxes and Duties 29
69. Contract Cost 29
70. The Client 29
71. Authorized Representative 29-30
72. Documentation 30
 Page 1 of 34

TENDER/BIDDING DOCUMENT FOR COMPUTER/PHOTOSTAT PAPERS

TENDER NO.01/2019-20
(For Procurement of Computer and Office Stationery)

(1) INVITATION TO BID

Tender for Bid
Military Accountant General (MAG), (hereinafter referred to as the “Purchaser”)
advertises the Tender and invites bids (hereinafter referred to as “the Tender”) from
interested registered person, firm, supplier/distributor/dealer, company or an
organization in particular patent manufacturer on national competitive basis for
‘Procurement of Computer & Office Stationery' (Hereinafter referred to as the “Goods”)
at Military Accountant General office Rawalpindi.
Applicability of Public Procurement Rules

Public Procurement Rules 2004, which may be downloaded from website of Public
Procurement Regulatory Authority, will be strictly followed
http://www.ppra.org.pk/
In this document, unless otherwise mentioned to the contrary, "Rule" means a Rule
made under Public Procurement Regulatory Authority Ordinance 2002 with reference to
Public Procurement Rules 2004.
Methods of Advertisement (s)

In compliance to Rule 12 (1&2) of Public Procurement Rules 2004, this Tender is being
advertised at Authority’s website http://www.ppra.org.pk as well as in the print media
nationwide. This Tender is also placed online at the website of the Military Accountant
General/Purchaser. The Bidding Document wherein comprehensive details have been
mentioned may be obtained/downloaded free of cost from Military Accountant General
Website http://www.pmad.gov.pk.
Type of Open Competitive Bidding

As per Rule 36 (c), Two stage bidding procedure shall be followed. The said
procedure is comprehended as follows:
(a) Two stage bidding procedure.-
First Stage:
(i) the bidders shall first submit, according to the required
specifications, a technical proposal without price;
(ii) the technical proposal shall be evaluated in accordance with the
specified evaluation criteria and may be discussed with the bidders
regarding any deficiencies and unsatisfactory technical features;
(iii) after such discussions, all the bidders shall be permitted to revise
their respective technical proposals to meet the requirements of the
procuring agency;
(iv) the procuring agency may revise, delete, modify or add any aspect
of the technical requirements or evaluation criteria, or it may add
new requirements or criteria not inconsistent with these rules:
Provided that such revisions, deletions, modifications or
additions are communicated to all the bidders equally at the time of
 Page 2 of 34

invitation to submit final bids, and that sufficient time is allowed to

the bidders to prepare their revised bids:
Provided further that such allowance of time shall not be less
than fifteen days in the case of national competitive bidding and
thirty days in the case of international competitive bidding;
(v) those bidders not willing to conform their respective bids to the
procuring agency's technical requirements may be allowed to
withdraw from the bidding without forfeiture of their bid security;
Second Stage:
(vi) the bidders, whose technical proposals or bids have not been
rejected and who are willing to conform their bids to the revised
technical requirements of the procuring agency, shall be invited to
submit a revised technical proposal along with the financial
proposal;
(vii) the revised technical proposal and the financial proposal shall be
opened at a time, date and venue announced and communicated to
the bidders in advance; and
(viii) The revised technical proposal and the financial proposal shall be
evaluated in the manner prescribed above. The bid found to be the
lowest evaluated bid shall be accepted:
Provided that in setting the date for the submission of the
revised technical proposal and financial proposal a procuring
agency shall allow sufficient time to the bidders to incorporate the
agreed upon changes in the technical proposal and prepare their
financial proposals accordingly.

(2) INSTRUCTIONS TO BIDDER(S)

a. The bids complete in all respect as prescribed and required under this Tender Document,
must be delivered into Tender Box, placed at “G” Cash Section of MAG office
Rawalpindi, not later than 10:00 AM on last date of submission of bids i.e. 25.07.2019.
b. Bids submitted late shall not be considered/entertained.
c. Bid Security (Earnest Money) @ 5% of the total Tender Price in favor of “DDO MAG
Kashmir Road Rawalpindi” must be attached with bid, as part of Financial bid and as
per provisions contained in Clause “Bid Security” of the Terms and Conditions of the
Tender in this bidding document mentioned hereinafter.
d. The Technical bids shall be publicly opened in the “G” Cash Section of MAG office
Rawalpindi, at 10:30 AM on 25.07.2019.
e. In case the last date of bid submission falls in/within the official holidays/weekends of
the Purchaser, the last date for submission of the bids shall be the next working day.
f. Alternative bids shall not be considered. Bidder(s) must read the provisions/instructions
of this Tender Document contained in Clause regarding “Determination of
Responsiveness of Bid” and “Rejection/Acceptance of the Tender” for making bids
substantially responsive to the requirements of Bidding Document.
g. It is sole responsibility of the Bidder(s) that he has read and understood all provisions,
instructions, terms & conditions contained in this Tender Document before submitting
the Bid. Neither any claim whatsoever including those of financial adjustments in case
the contract is awarded under this Bid Process, will be entertained by the Purchaser nor
 Page 3 of 34

any time schedule, nor financial adjustments arising thereof shall be permitted on
account of failure by the Bidder(s).
h. Instructions, Terms & Conditions and Specifications are devised for strict compliance
and enforcement. No escalation of cost, except arising from increase in quantity by the
Bidder(s) on the demand after approval of the Purchaser, will be permitted throughout
the period of the contract.
i. The successful Bidder(s) will be responsible for all the deliveries and deliverables to the
Purchaser within 07 days at Rawalpindi as per provision regarding delivery time or
execution schedule of the Tender Document;
j. The Primary Contact & Secondary Contact for all correspondence in relation to this bid
are as under: -

Primary Contact

Shahid Hussain
Accounts officer “G” Section
Rawalpindi Pakistan
Ph. No.051-9270720

Secondary Contact

Mr. Abdul Rehman

Cashier MAG office Rawalpindi
Ph. No. 9270712
 Page 4 of 34

k. Bidder(s) shall communicate all queries via the Primary Contact during period from the
date of submission of bid and until further notice from the Primary Contact. In case of
urgency when the Primary Contact cannot be contacted, the Bidder(s) may alternatively
direct their queries through the Secondary Contact.
l. Bidder(s) are required to state clearly, in their proposals, the name, title, contact number
(landline, mobile), fax number and e-mail address of the Bidder(s)’s authorized
representative through whom all communications shall be directed until the process has
been completed or terminated.
m. The Purchaser will not bear any cost or expense incurred by Bidder(s) in connection
with preparation or submission of bids.
n. Failure to supply required items within the specified time period will invoke penalty as
specified in this document.
Determination of Responsiveness of the Bid (Tender)
The Purchaser shall, prior to the Tender evaluation, determine the substantial
responsiveness of the Bid to the Tender Document. A substantially responsive Tender is
one which:
i. meets the eligibility criteria given in Tender Document for provision of
Computer/Photostat Papers;
ii. meets the Technical Specifications for the Goods against each Item;
iii. meets the delivery period/point for the Goods against each Item;
iv. is in compliance with the rate and limit of liquidated damages;
v. offers fixed price quotations for the Goods against each Item;
vi. is accompanied by the required Bid Security as part of financial bid envelope;
vii. is prepared/submitted as prescribed in this Tender Document;
viii. Conforms to all instructions/provisions/terms & conditions of the Tender
Document, without material deviation or reservation.
A material deviation or reservation is one which affects the scope, quality or
performance of the Goods or limits the Purchaser's rights or the Bidder(s)'s obligations
under the Contract.
The Tender determined as not substantially responsive shall not subsequently be made
responsive by the Bidder(s) by correction or withdrawal of the material deviation or
reservation.
Rejection/Acceptance of the Bid
The Purchaser may reject all bids or proposals at any time prior to the acceptance of a
bid or proposal. The Purchaser shall upon request communicate to any Bidder(s), the
grounds for its rejection of all bids or proposals, but shall not be required to justify those
grounds. The Purchaser shall incur no liability, solely, by virtue of invoking discretion
provided under sub-rule (1) of Rule-33 of Public Procurement Rules, 2004 towards the
Bidder(s). However, prospective Bidder(s) shall be informed in due course about the
rejection of the bids if any (As per Rule 35 of Public Procurement Rules, 2004).

The Tender shall be rejected if it is:

 Page 5 of 34

i. Substantially non-responsive in manner prescribed in the Tender Document; or

ii. submitted in other than prescribed forms & documents and specified manner; or
iii. incomplete, partial, conditional, alternative, late; or
iv. bid not submitted and relevant bid security is not submitted;
v. subjected to interlineations/cuttings/corrections/erasures/overwritings; or
vi. the Bidder(s) refuses to accept the corrected Total Tender Price; or
vii. the Bidder(s) has conflict of interest with the Purchaser; or
viii. the Bidder(s) tries to influence the Tender evaluation/Contract award; or
ix. the Bidder(s) engages in corrupt or fraudulent practices in competing for award
of the Contract;
x. the Bidder(s) fails to meet all the requirements of Tender
Eligibility/Qualification Criteria;
xi. the Bidder(s) fails to meet the evaluation criteria requirements;
xii. the Bidder(s) has been blacklisted by any public or private sector organization;
xiii. the Bidder(s) has been served any legal notices or displeasure letters by any
public sector organization on serious failures to provide satisfactory services;
xiv. the Bidder(s) has mentioned any financial implication(s) in the financial proposal
that is in contradiction to this document and Government rules and regulations.
xv. there is any discrepancy between Bidding Documents and Bidder(s)’s proposal
i.e. any non-conformity or inconsistency or informality or irregularity in the
submitted bid.
xvi. the Bidder(s) submits financial conditions as part of its bid which are not in
conformity with Tender Document.
xvii. non-submission of verifiable proofs against the mandatory as well as general
documentary, qualification and eligibility related requirements.

xviii. Bidder is not authorized Dealer/Supplier/Distributor of paper manufacture

Company.
Headings and Titles
In this document, headings and titles shall not be construed to be part thereof or be taken
into consideration in the interpretation of the document and words importing the singular
only shall also include the plural and vice versa where the context so requires.
Notice
Wherever provision is made for exchanging notice, certificate, order, consent, approval
or instructions between the Bidder/Contractor and the Purchaser, the same shall be:
i. in writing;
ii. issued within reasonable time;
iii. served by sending the same by special messenger, courier or registered post to
their principal office in Pakistan or such other address as they shall notify for the
purpose;
The words "notify", "certify", "order", “consent”, “approve”, "instruct", shall be
construed accordingly.
 Page 6 of 34

Tender Eligibility/Qualification Criteria

a. Eligible Bidder(s) is one who:

i. is either a patent manufacturer or an authorized dealer or supplier or has a
registered/incorporated company/firm in Pakistan with relevant business
experience of at least one to three years as on 25.07.2019;
ii. must be registered with Federal and/or Provincial Tax Authorities of Pakistan
(companies which are validly registered with Sales Tax and Income Tax
Departments and having sound financial strengths can participate);
iii. has valid Registration of General Sales Tax (GST) & National Tax Number
(NTN); and is active return flier.
iv. has submitted bid for provision of Papers as per forms of bid and appropriate
bid security thereof;
v. must be involved in relevant manufacturing, sales or supply business for at
least one (01) year for bid items;
vi. has not been blacklisted by any of Provincial or Federal Government
Department, Agency, Organization or autonomous body or Private Sector
Organization anywhere in Pakistan. (‘Undertaking’ on legal Stamp Paper is
mandatory);
vii. has the required and relevant qualified personnel and capital strength to
fulfill the requirement and liability.
b. Conforms to the Clause of “Responsiveness of Bid” given herein this Tender
Document.

Tender Cost
The Bidder(s) shall bear costs/expenses with regard to preparation and submission of the
Tender(s) and the Purchaser shall in no case be responsible/liable for those costs/
expenses.
Amendment of the Tender Document
The Purchaser may, at any time prior to the deadline for submission of the Tender, at its
own initiative vested with exclusive discretion or in response to a clarification requested
by the Bidder(s), amend the Tender Document, on account of any reason, either to
extend the deadline for the submission of Bid or otherwise which shall be notified to all
prospective Bidder(s) whereafter all such amendment(s) shall be considered part of the
Tender Document and binding on the Bidder(s) as per Public Procurement Rules, 2004
(Rule 27).
Preparation/Submission of Tender
The Bidder(s) is required to bid for all items according to Form of Bid;
a. Tender as well as documents related to Tender, exchanged between the
Bidder(s) and the Purchaser, shall be in English or Urdu or in both. Any
printed literature furnished by the Bidder(s) in another language shall be
accompanied by an English as well as Urdu translation which shall govern
for purpose of interpretation of Tender;
b. Tender shall be submitted in prescribed manner elaborated herein and all
documents shall be typed, completely filled in, stamped and signed by
Bidder(s) or his Authorized Representative. Only signed and stamped
documents shall be submitted. In case volume of the bid contains various
set(s) of documents, the same must be properly
 Page 7 of 34

Numbered and tagged in binding shape with proper index or table of contents;
c. Tender shall be in two parts i.e. the Technical Proposal and the Financial
Proposal;
d. Technical Proposal shall comprise the following and must be
Without quoting the price:
i. Technical Proposal Form;
ii. Undertaking (All terms & conditions and qualifications listed anywhere in
this Tender Document have been satisfactorily vetted) and Affidavit
(Integrity Pact);
iii. Certificate of Company or Firm Registration/Incorporation under the laws
of Pakistan;
iv. Covering letter duly signed and stamped by authorized representative;
v. Evidence of eligibility of the Bidder(s) and the Goods;
vi. Evidence of conformity of the Goods to the Tender Document;
vii. Undertaking and Evidence that the quoted Goods are genuine, brand new,
non- refurbished, un-altered in any way, of the most recent/current model,
imported through proper channel, and incorporate all recent
improvements in design and materials;
viii. Technical Brochures/Literature along with samples accompanied by
authorized dealership certificate/online printout for original products
(where applicable);
ix. Submission of undertaking on legal valid and attested Stamp Paper that
the firm is not blacklisted by any of Provincial or Federal Government
Department, Agency, Organization or autonomous body or Private Sector
Organization anywhere in Pakistan;
x. Financial Capacity as per prescribed Form;
xi. Valid Registration Certificate for Income Tax & Sales Tax Departments;
xii. Power of Attorney/Letter of Authority on
Company/Firm letterhead pad, if an authorized representative is
appointed.
e. The Financial Proposal shall comprise the following:
i. Financial Proposal Form;
ii. Price Schedule;
iii. Bid Security (Earnest Money), as per provisions of the Clause Bid
Security of this document;
f. The Bidder(s) shall seal the Technical Proposal in an envelope duly marked as under:
Technical Proposal for Tender Name
[Name of Tender]
Tender No. _ Item No:
[Name of the Purchaser] [Address of the Purchaser]
[Name of the Bidder(s)] [Address of the Bidder(s)]
[Phone No. of the Bidder(s)]
g. The Bidder(s) shall follow the same process for the Financial Proposal;
h. The Bidder(s) shall again seal the sealed envelopes of Original Technical Proposal and the
Original Financial Proposal in an outer envelope, duly marking the envelope as under:
Original Tender for
 Page 8 of 34

Tender Name [Name of Tender]

Tender No. __________Strictly Confidential
[Name of the Purchaser]
[Address of the Purchaser]
[Name of the Bidder(s)]
[Address of the Bidder(s)]
[Phone No. of the Bidder(s)]
i. The Bidder(s) shall also enclose soft copies of the Technical Proposal and the
Financial Proposal, including all Forms, Documents, Literature… etc, in the
form of MS Word Documents, MS Excel Worksheets and Scanned images,
with the hard copies (properly sealed).
j. The Tender shall be dropped in the prescribed Tender Box placed at the “G”
Cash section of the Purchaser’s Office, not later than 10:30 AM on last date
of submission of bids. No late bid or bid received through post shall be
accepted/entertained.
k. This is made obligatory to affix authorized signatures with official seal on all
original documents, certificates, brochures, literature, letters, forms and all
relevant documents as part of the bid submitted by Bidder(s).

Tender Price
The quoted price shall be:
a. best/final/fixed and valid until completion of all obligations under the
Contract i.e. not subject to variation/escalation;
i. in Pak Rupees;
ii. inclusive of all taxes, duties, levies, insurance, freight, etc.;
iii. including all charges up to the delivery point at Islamabad;
b. if not specifically mentioned in the Tender(s), it shall be presumed that
the quoted price is as per the above requirements;
c. where no prices are entered against any item(s), the price of that item
shall be deemed free of charge, and no separate payment shall be made
for that item(s);
d. in case of locally produced item, the price shall include all customs duties
and sales and other taxes already paid or payable on the components and
raw materials used in the manufacturing or assembling of the item.

Bid Security (Earnest Money)

a. The Bidder(s) shall furnish the Bid Security (Earnest Money) as under:
i. for a sum equivalent to 5% of the Total Tender Price of Items as per Forms of
Bid given in this Tender Document in the form of Call Deposit Receipt, in the
name of the DDO MAG Kashmir Road Rawalpindi;
ii. denominated in Pak Rupees;
iii. as part of financial bid envelope, failing which will result rejection of bid.
iv. have a minimum validity period of one hundred and twenty (120) days from the
last date for submission of the Tender or until furnishing of the Performance
Security, whichever is later;
b. The Bid Security (Earnest Money) shall be forfeited by the Purchaser, on the
occurrence of any or all of the following conditions:
i. if the Bidder(s) withdraws the Tender during the period of the Tender
 Page 9 of 34

validity specified by the Bidder(s) on the Tender Form; or

ii. if the Bidder(s) does not accept the corrections of his Total Tender Price;
iii. if the Bidder(s), having been notified of the acceptance of the Tender by the
Purchaser during the period of the Tender validity, fails or refuses to furnish the
Performance Security, in accordance with the Tender Document.
c. The Bid Security (Earnest Money) shall be returned to the technically
unsuccessful Tenderer with unopened/sealed financial bid whereas the
unsuccessful Bidder(s) of financial bid opening procedure will be returned the
Bid Security only. The Bid Security shall be returned to the successful Bidder(s)
upon furnishing of the Performance Security.

Tender Validity
The Tender shall have a minimum validity period of one hundred and twenty (120) days
from the last date for submission of the Tender. The Purchaser may solicit the Bidder(s)'s
consent to an extension of the validity period of the Tender. The request and the response
thereto shall be made in writing. If the Bidder(s) agrees extension of validity period of the
Tender, the validity period of the Bid Security (Earnest Money) shall also be suitably
extended. The Bidder(s) may refuse extension of validity period of the Tender, without
forfeiting the Bid security (Earnest Money).

Modification/Withdrawal of the Tender

a. The Bidder(s) may, by written notice served on the Purchaser, modify or
withdraw the Tender after submission of the Tender, prior to the deadline for
submission of the Tender.
b. The Tender, withdrawn after the deadline for submission of the Tender and prior
to the expiry of the period of the Tender validity, shall result in forfeiture of the
Bid Security (Earnest Money).

Opening of the Tender

a. Tenders (Technical Bids) shall be opened at 10.30 AM on the last date of
submission of bids i.e. 05.09.2019, in the presence of the Bidder(s) for which
they shall ensure their presence without further invitation, as per provision of
Rule-28 of PPRA Rules, 2004.
b. The Bidder(s)'s name, modifications, withdrawal, security, attendance of the
Bidder(s) and such other details as the Purchaser may, at its exclusive discretion,
consider appropriate, shall be announced and/or recorded.
c. No Bidder(s) or its representative will be allowed to keep any digital device
(camera, audio recorder, cell phone etc.) during Tender opening meeting at given
time and location.

Clarification of the Tender

The Purchaser shall have the right, at his exclusive discretion, to require, in writing,
further information or clarification of the Tender, from any or all the Bidder(s). No
change in the price or substance of the Tender shall be sought, offered or permitted
except as required to confirm the corrections of arithmetical errors discovered in the
Tender. Acceptance of any such correction is sole discretion of the Purchaser.
 Page 10 of 34

Correction of Errors/Amendment of Tender

a. The Tender shall be checked for any arithmetic errors which shall be rectified, as
follows:
i. if there is a discrepancy between the amount in figures and the amount in words
for the Total Tender Price entered in the Tender Form, the amount which tallies
with the Total Tender Price entered in the Price Schedule, shall govern;
ii. if there is a discrepancy between the unit rate and the total price entered in the
price Schedule, resulting from incorrect multiplication of the unit rate by the
quantity, the unit rate as quoted shall govern and the total price shall be
corrected, unless there is an obvious and gross misplacement of the decimal point
in the unit rate, in which case the total price as quoted shall govern and the unit
rate shall be corrected;
iii. if there is a discrepancy in the actual sum of the itemized total prices and the total
Tender price quoted in the Price Schedule, the actual sum of the itemized total
prices shall govern;
b. The Tender price as determined after arithmetic corrections shall be termed as
the Corrected Total Tender Price which shall be binding upon the Bidder(s).
c. Adjustment shall be based on corrected Tender Prices. The price determined
after making such adjustments shall be termed as Evaluated Total Tender Price.
d. No credit shall be given for offering delivery period earlier than the specified
period.
Technical Evaluation Criteria
The technically eligible Bidder(s) who comply with the Eligibility/Qualification and
Evaluation Criteria mentioned herein this document will be eligible for further
evaluation and processing after acceptance in Technical Evaluation and their
sealed/unopened Financial Proposal shall be opened publically in the Conference Room
mentioned herein on the date which shell be communicated through issuance of Notice
and telephonically to all prospective Bidder(s).
The Bids which do not conform to the Technical Specifications or Bid conditions or the
Bids from the Bidder(s) without adequate capabilities for supply and
maintenance/warranty services will be rejected.
The Technical proposals shall be evaluated in the light of following evaluation criteria:

Eligibility Description Marks

Certificate of Company/Firm
Registration/Incorporation under the laws of Pakistan (10 Marks)
Legal
(Mandatory) Valid Income Tax Registration and Active Return (10 Marks)
Filer
Valid General Sales Tax Registration (Status=Active
with FBR) and Active Return Filer (10 Marks)
 Page 11 of 34

Submissions of required undertakings on legal valid

and attested Stamp Paper or Company letterhead that
the firm is not blacklisted by any of Provincial or
Federal Government Department, Agency, (20 Marks)
Organization or Autonomous Body or Private Sector
Organization anywhere
in Pakistan…etc.

Compliance to the technical specifications of

items/goods (all items) to be procured mentioned in
this document (10 Marks)
(Undertaking)
In full compliance of the Execution Schedule and
Delivery Period mentioned in TenderDocument
(Undertaking of same on legal Stamp Paper) (10 Marks)

Similar Nature of Business at least 01 to 03 years (30 Marks)

Experience

Note: Verifiable documentary proofs for above pre-conditions are mandatory and
evaluation shall be made on the basis of these verifiable proofs.
Financial Proposal Evaluation
a. Technically qualified/successful Bidder(s) shall be called for submission/opening
of the Financial Proposal(s). The Financial Proposals will be opened in the
presence of the Bidder(s) on the date which shell be communicated through
issuance of Notice and telephonically to all prospective Bidder(s). The
technically eligible/successful Bidder(s) or their authorized representatives shall
be allowed to take part in the Financial Proposal(s) opening;

b. Financial Proposal Evaluation will be conducted under the Public Procurement

Rules, 2004. The Price evaluation will include all duties, taxes and expenses etc.
In case of any exemption of duties and taxes made by the Government in favor
of the Purchaser, the Bidder/Contractor shall be bound to adjust the same in the
Financial Proposal;

i. in cases of discrepancy between the cost/price quoted in Words and in

Figures, the lower of the two will be considered;

ii. in evaluation of the price of an imported item, the price will be

determined and considered inclusive of the customs and other import
duties…etc;
iii. in evaluation of the price of articles/Goods which are subject to Excise
Duty, Sales Tax, Income Tax or any other tax or duty levied by the
Government, the price will be determined and considered inclusive of
such duties and taxes.
 Page 12 of 34

c. The Purchaser will not be responsible for any erroneous calculation of tax rates
or any subsequent changes in rates or structure of applicable taxes. All
differences arising out as above shall be fully borne by the Successful Bidder(s).

Award Criteria
a. At first step, eligible Bidder(s) as per Clause (Tender Eligibility) of this Tender
Document, fulfilling the qualification and technical evaluation criteria will stand
technically qualified;
b. At second step, technically qualified and successful Bidder(s) will be evaluated
in the light of all Pre-Conditions, necessary requisites and shall be selected on
lowest cost/rate quoted as per rules and fulfilling all codal formalities,
irrespective of their technical evaluation competency.
Acceptance Letter/Purchase Order
The Purchaser shall issue the Acceptance Letter/Purchase Order to the successful
Bidder(s), within reasonable time of announcement of bid evaluation report (Rule-
35&38 of PPR Rules, 2004) and prior to the expiry of the original bid validity period or
extended bid validity period of the Tender, which shall constitute a contract, until
execution of the formal Contract.
Performance Security
a. The successful Bidder(s)/Contractor shall furnish Performance Security as under:
i. within ten (10) days of the receipt of the Acceptance Letter from the Purchaser;
ii. Performance Security would be submitted by the successful Bidder(s);
iii. in shape of a Call Deposit drawn in favour of DDO MAG Kashmir Road
Rawalpindi issued by a scheduled Bank operating in Pakistan, as per Form
provided in the Tender Document;
iv. for a sum equivalent to 10% of the Contract Value;
v. denominated in Pak Rupees;
vi. have a minimum validity period until the date of expiry of period of Contract,
support period or termination of services, or fulfillment of all obligations under
the Contract/Purchase Order, whichever is later. No other shape or form of
Performance Security shall be acceptable with any validity less than the
prescribed time period.
b. The Performance Security shall be payable to the Purchaser, on occurrence of
any/all of the following conditions:
i. if the Contractor commits a default under the Contract;
ii. if the Contractor fails to fulfill the obligations under the Contract;
iii. if the Contractor violates any of the terms and conditions of the Contract.
c. The Contractor shall cause the validity period of the Performance Security to be
extended for such period(s) as the contract performance may be extended. The
Performance Security shall be returned to the Bidder(s) within thirty working
days after the expiry of its validity on receipt of written request from the
Contractor.
d. In case the Contractor fails to furnish Performance Security in the shape of Bank
guarantee or Banker cheque within the stipulated period given under Letter of
Acceptance and subsequent formal Contract, or till end of the currency of the
said Contract, the amount of Bank Guarantee/Banker cheque as required, shall be
deducted from the amount payable to the Contractor.
e. No interest on the amount of performance guaranty/Banker cheque shell be
charged by Bidders.
Terms & Conditions of Contract Form
a. Terms & conduction laid down in contract document/form are part &
parcel of the Bid documents and shell be applied to the successful
 Page 13 of 34

bidder under the Tender.

 Page 14 of 34

Redressal of Grievances by the Procuring Agency

a. The Purchaser may constitute a Committee comprising of odd number of
persons, with proper powers and authorizations, to address the complaints of
Bidder(s) that may occur prior to enforcement of the Procurement Contract.
b. Any Bidder(s) feeling aggrieved by any act of the Purchaser after the submission
of bid may lodge a written complaint concerning grievances not later than ten
days after the announcement of the bid evaluation report.
c. The Committee may investigate and decide upon the complaint within fifteen
days of the receipt of the complaint.
d. Mere fact of lodging of a complaint shall not warrant suspension of the
procurement process.

Instruction for Preparation Of Power Of Attorney/Letter of Authority

a) To be executed by an authorized representative of the Bidder(s) on company
letterhead enclosing attested copy of Copy of National Identity Card.
b) The mode of execution of the Power of Attorney/Letter of Authority should be in
accordance with the procedure, if any, laid down by the applicable law and the charter
documents of the executants and when it is so required the same should be under
common seal affixed in accordance with the required procedure.
c) Also, wherever required, the Bidder(s) should submit for verification the extract
of the charter documents such as a resolution/ power of attorney in favor of the person
executing the Power of Attorney/Letter of Authority for the delegation of power
hereunder on behalf of the Bidder(s).
d) In case the Tender Documents are signed by an authorized Director/Partner or
Proprietor of the Applicant, a certified copy of the appropriate resolution/document
conveying such authority may be enclosed in lieu of the Power of Attorney/Letter of
Authority.

(3) FORM OF BID;

Forms, Specifications, List of Goods, Bill of Quantities and Detail of Standards of Tender/Items

As per Annex-A (for Computer Stationery) and Annex-B (for Office Stationery)
 Page 15 of 34

Technical Proposal Submission Form

[Rawalpindi, Date]
To
Accounts officer
“G” Section MAG office
Kashmir Road Saddar Rawalpindi.

Dear Sir,

We, the undersigned, offer to provide the (insert title of assignment) in accordance with your
Tender Document No. Dated _ (insert date) _. We hereby submit our
Proposal, which includes the Technical Proposal and the Financial Proposal sealed in two separate
envelopes.

We undertake, if our Proposal is accepted, to provide supply of ____________________________

We also confirm that neither the Federal Government nor any of the Provincial Governments of
Pakistan has declared us ineligible on charges of engaging in corrupt, fraudulent, collusive or coercive
practices. We furthermore, pledge not to indulge in such practices in competing for or in executing the
Contract, and we are aware of the relevant provisions of the Tender Document.

We understand you are not bound to accept any Proposal you receive.

We remain,
Yours sincerely,

Authorized Signature
(Original)
(In full and initials)

Name and Designation of

Signatory
Name of
Firm
Address
 Page 16 of 34

Financial Proposal Submission Form

(Part of Financial Bid Envelope)
[Rawalpindi, Date]

To
Accounts officer
“G” Section MAG office
Kashmir Road Saddar Rawalpindi.

Dear Sir,
We, the undersigned, offer to provide the _ (Insert title of assignment) _ in accordance with
your Tender Document No. dated _ (insert date) _ and our
Technical Proposal. Our attached Financial Proposal is for the sum of _ (insert amount in words and
figures) _. This amount is inclusive of all taxes.

Our Financial Proposal shall be binding upon us upto expiration of the validity period of the
Proposal.

We also declare that neither the Federal Government nor any of the Provincial Governments of
Pakistan has declared us ineligible on charges of engaging in corrupt, fraudulent, collusive, or coercive
practices. We furthermore, pledge not to indulge in such practices in competing for or in executing the
Contract, and are aware of the relevant provisions of the Proposal Document.

We understand that you are not bound to accept any Proposal you receive.

Signed:
In the capacity of:
Duly authorized to sign the proposal on behalf of the Applicant: Date:
 Page 17 of 34

Form of Covering Letter

[Rawalpindi, Date]

To
Accounts officer
“G” Section MAG office
Kashmir Road Saddar Rawalpindi.

Sub: SUBMISSION OF BID

Dear Sir,

a) Having examined the Tender related documents we, the undersigned, in conformity with the
said document, offer to provide the said items on terms of reference to be signed upon the award
of contract for the sum indicated as per financial bid.
b) We undertake, if our proposal is accepted, to provide the tender items within time frame
specified, starting from the date of signing of the Contract.
c) We agree to abide by our proposal for the period of days from the date of bid opening and it
shall remain binding upon us and may be accepted at any time before the expiration of that
period.
d) We agree to execute a Contract in the form to be communicated by the Purchaser.
e) Unless and until a formal agreement is prepared and executed, this proposal together with your
written acceptance thereof shall constitute a binding contract agreement.
f) We understand that you are not bound either to accept the lowest or any bid you receive, or to
give any reason for rejection of any bid and that you will not defray any expenses incurred by us
in bidding.

Authorized Signatures with Official Seal

 Page 18 of 34

FORM OF POWER OF ATTORNEY/LETTER OF AUTHORITY

(On Stamp Paper of relevant value or Company letter head duly signed and stamped)

Know all men by these presents, we (name of the company and address of the registered office) do
hereby appoint and authorize Mr. (full name and residential address) who is presently employed with us
and holding the position of (name of position) as our attorney, to do in our name and on our behalf, all
such acts, deeds and things necessary in connection with or incidental to our proposal for (name of the
assignment) in response to the Tender invited by the (name of the Purchaser) including signing and
submission of all documents and providing information/responses to (name of the Purchaser) in all
matters in connection with our Bid.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall always be
deemed to have been done by us.

Dated this _ day of 20 For __

(Signature)
(Name, Designation and Address)
Accepted

(Signature)
(Name, Title and Address of the Attorney)
Date:
 Page 19 of 34

FORM OF UNDERTAKING
(On company letterhead)

It is certified that the information submitted/furnished herein as per Tender Document with regard to
_ is true and correct and nothing has been concealed
or tampered with. We have gone through all the instructions and terms & conditions contained in the
Tender Document for and are liable to any punitive action for furnishing
false information/documents.

Dated this _ day of 20

Signature

(Company Seal)

In the capacity of

Duly authorized to sign bids for and on behalf of:

 Page 20 of 34

Form of Integrity Pact

We _(Name of the Bidder(s)/supplier)_ being the first duly sworn on oath submit, that
Mr./Ms. (if participating through agent / representative) is the agent /
representative duly authorized by _(Name of the Bidder(s) company)_ hereinafter called the Contractor
to submit the attached bid to the _(Name of the Purchaser)_. Affiant further states that the said M/s
(Bidding Firm/Company Name) has not paid, given or donate or agreed to pay, given or donate to any
officer or employee of the _(Name of the Purchaser)_ any money or thing of value, either directly or
indirectly, for special consideration in the letting of the contract, or for giving undue advantage to any
of the Bidder(s) in the bidding and in the evaluation and selection of the Bidder(s) for contract or other
forms of non- compliance.

[The Seller/Supplier/Contractor] certifies that it has made and will make full disclosure of all
agreements and arrangements with all persons in respect of or related to the transaction with the
Purchaser and has not taken any action or will not take any action to circumvent the above declaration,
representation or warranty.

[The Seller/Supplier/Contractor] 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 the Purchaser under any law, contract or other instrument, be
voidable at the option of the Purchaser.

Notwithstanding any rights and remedies exercised by the Purchaser in this regard, [the
Seller/Supplier/Contractor] agrees to indemnify the Purchaser for any loss or damage incurred by it on
account of its corrupt business practices and further pay compensation to the Purchaser in an amount
equivalent to ten times the sum of any commission, gratification, bribe, finder’s fee or kickback given
by [the Seller/Supplier/Contractor] 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 the Purchaser.

------------
Signature & Stamp

Subscribed and sworn to me this _ day of 20

Notary Public
 Page 21 of 34

Performance Security Form

Issuing Authority:
Date of Issuance:
Date of Expiry:
Claim Lodgment Date:
(Must be one month later than the expiry date)

WHEREAS [Name and Address of the Contractor] (hereinafter called "the Contractor") has agreed to
supply the Goods against Tender (Name), Tender No. (hereinafter called "the Contract") for
the Contract Value of PKR (in figures _ ) (in
words ).
AND WHEREAS it has been stipulated in the Tender Document that the successful Contractor shall
furnish Performance Security, within twenty (20) days of the receipt of the Acceptance Letter (Letter of
Acceptance) from the Purchaser, in the form of Call Deposit Receipt in favour of DDO MAG
Kashmir Road Rawalpindi issued by a scheduled Bank operating in Pakistan, as per this format, for a
sum equivalent to Rs. (10% of the contract value)
valid from the date of issue until all obligations have been fulfilled in accordance with the Contract;
AND WHEREAS [Name of the Bank] having registered office at [Address of the Bank] (hereinafter
called "the Guarantor") has agreed to give the Contractor a Guarantee;
THEREFORE the Guarantor hereby affirms to bind himself and his successors to the Purchaser, for
the sum of PKR (in figures ) (in
words
) and undertakes to pay to the Purchaser, upon receipt
of his written demand(s), any sum(s) as specified by him, not exceeding the above limit in aggregate,
without cavil / argument and without the Purchaser having to substantiate
/ prove or to show grounds / reasons for such claim(s), on the occurrence of any / all of the following
conditions:
1. If the Contractor commits a default under the Contract;
2. If the Contractor fails to fulfill any of the obligations under the Contract;
3. If the Contractor violates any of the provisions of the Contract.
Provided that the Purchaser shall specify the occurred condition(s) owing to which the said sum is due to
him.
Provided further that any demand(s)/claim(s) from the Purchaser shall reach the Guarantor within thirty
working days after the expiry of the Guarantee.
This guarantee shall remain valid up to _ or until expiry of warranties
/ support period or all obligations have been fulfilled in accordance with the Contract,
whichever is later.
Date this day of 2017.
GUARANTOR
Signature CNIC #
Name Designation
 Page 22 of 34

Financial Capacity Form of the Bidder(s)

Additionally, the following financial data form shall be filled out by the Bidder(s). The Purchaser
reserves the right to request additional information about the financial capacity of the Bidder(s). A
Bidder(s) who fails to demonstrate through financial records that it has the financial capacity to
perform the required Supply may be disqualified.

Financial Information Historical information for the previous three years

(most recent to oldest in (PAK Rupees)

Year 1 (Year) Year 2 (Year) Year 3(Year)

Information from Balance Sheet:

(1) Total Assets (TA)

(2) Current Assets (CA)

(3) Total Liabilities (TL)

(4) Current Liabilities (CL)

Information from Income Statement:

(5) Total Revenue (TR)

(6) Profits before Taxes

(PBT)
Net Worth (1) – (3)
Current Ratio (2) / (4)

Provide information on current or past litigation or arbitration over the last three (3) years as shown in
the form below.
Litigation or arbitration in the last three (3) years: No: Yes: (See
below) Litigation and Arbitration During Last three (3) Years

Year Matter in Dispute Value of Award

Against Contract in
PAK Rupees

Authorized Signatures with Official Seal

 Page 23 of 34

FORM OF CONTRACT

This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year],
between [Military Accountant General] (the “Purchaser”), on the one part,
and
[full legal name of the Contractor], on the other part severally liable to the Purchaser for all of the
Contractor’s obligations under this Contract and is deemed to be included in any reference to the term
“the Contractor.”

RECITALS

WHEREAS,
(a) The Purchaser intends to spend a part of its budget/funds for making eligible payments
under this Contract. Payments made under this contract will be subject, in all respects, to the
terms and conditions of the Contract described herein.
(b) The Purchaser has requested the Contractor to provide certain supply of Goods/Items as
described in Tender Document; and
(c) The Contractor, having represented to the Purchaser that it has the required financial
resources, professional skills, and personnel resources, has agreed to provide the tender goods
on the terms and conditions set forth in this Contract.
(d) NOW THEREFORE, the Parties to this Contract agree as follows:
1. The Contractor hereby covenants with the Purchaser to supply the Goods and to remedy
defects/damage therein, at the time and in the manner, in conformity in all respects with the
provisions of the Contract, in consideration of the payments to be made by the Purchaser to the
Contractor.

2. The Purchaser hereby covenants with the Contractor to pay the Contractor, the Contract Price or
such other sum as may become payable, at the times and in the manner, in conformity in all
respects with the provisions of the Contract, in consideration of supply of the Goods and
remedying of defects/damage therein.

3. The following shall be deemed to form and be read and construed as part of this Contract:

i. The Tender Document

ii. Bidder(s)’s Proposal
iii. Terms and Conditions of the Contract
iv. The Technical Specifications
v. Tender Forms
vi. Price Schedule/Bid
vii. Affidavit(s)
viii. Authorized Dealership/Agency Certificate regarding original Toners
ix. Performance Security

4. This Contract shall prevail over all other documents. In the event of any discrepancy/
inconsistency within the Contract, the above Documents shall prevail in the order listed above.

IN WITNESS whereof the Parties hereto have caused this Contract to be executed in
accordance with the laws of Pakistan as of the day, month and year first indicated above.
 Page 24 of 34

For [Military Accountant General]: For [full legal name of the

Contractor]:

Signature Signature

Name: Name:

Witnessed By: Witnessed By:

WITNESSES

Signature Signature____________________

CNIC # CNIC#

Name Name _____________________

Designation Designation_______________

Address Address____________________
 Page 25 of 34

(4). GENERAL OR SPECIAL CONDITIONS OF CONTRACT

Contract
After receipt of Performance Security from successful Bidder(s), the Purchaser
shall send the Contract as provided in the Tender Document, to the successful Bidder(s)
and within three working days of the receipt of such Contract the Bidder(s) shall sign
and date the Contract and return it to the Purchaser.
Contract Duration
The Contract shall be for a period of one (01) year from the date of signing of the
Contract or issuing of purchase order.
Contract Documents and Information
The Contractor shall neither disclose any document, specification, sample,
information nor make use of the Contract or disclose any of the provisions contained
therein, furnished by or on behalf of the Purchaser, without prior permission of the
Purchaser, to any person other than a person employed by the Contractor in performance
of the Contract and such disclosure shall be only for purpose of performance of the
Contract.
Contract Language
The language of the Contract and other relevant documents between the Contractor and
the Purchaser shall be English or Urdu or English & Urdu and in case of any translation
the cost shall be borne by the Contractor.
Standards
The Goods provided/supplied under the Contract shall conform to latest industrial
quality standards.
Commercial Availability
The commercial availability of the Goods required to be supplied under the Contract
shall be ensured at the time of signing of the Contract.
Patent Rights
The Contractor shall indemnify and hold the Purchaser harmless against all third party
claims of infringement of patent, trademark or industrial design rights arising from
use/supply of the Goods or any part thereof.
Execution Schedule
The Contractor shall ensure delivery of Goods mentioned in the Bidding Document on
top priority within 10 days of the intimation/receipt of work order.
Packing
The Goods shall be properly packed to avoid any kind of internal or external damage or
deterioration during storage/transit to final destination by the Contractor. The Contractor
shall arrange and pay for the packing of the Goods to the place of destination and the
cost thereof shall be included in the Contract Price.
Insurance
The Contractor may provide insurance of the Goods at his own will and he shall arrange
and pay for such insurance and the cost thereof shall be included in the Contract Price.
Labeling
Items shall be clearly and properly labeled as per desire of the Purchaser.
 Page 26 of 34

Delivery
The Contractor shall deliver the Goods/Items at Islamabad within 10 days as specified
by the Purchaser and he shall clearly mention the destination address where items
required to be provided.
The Contractor shall be responsible for physical custody of the Goods until the delivery,
testing and taking over of the Goods is completed.
The Goods shall be delivered completely by the Contractor and if there is any
apprehension of incomplete delivery, the Contractor shall complete the missing delivery
immediately at his expenses.
The Contractor is required to provide a comprehensive logistics plan including
supporting details regarding transportation, mobilization and personnel scheduling
during warranty period.
The Contractor shall arrange and pay for the transport and maintenance of the Goods to
the place of destination as specified in the Contract.

Inspection and Testing

The Client/the Purchaser shall inspect and test the Goods at the time of delivery in order
to verify their conformity to the Technical Specifications.
The Purchaser may reject the Goods if they are not in conformity to the Technical
Specifications, in any test(s) or inspection(s) and the Contractor shall either replace the
rejected Goods or make all alterations necessary to meet the Technical Specifications,
within three working days, free of cost to the Purchaser.
The Purchaser’s post-delivery right to inspect, test and, where necessary, reject the
Goods shall in no way be limited or waived by reason of pre-delivery inspection, testing
or passing of the Goods.
Nothing contained in this document shall, in any way, release the Contractor from any
Warranty or other obligations under the Contract.

Taking-Over Certificate
The Contractor may apply in writing for a Taking-Over Certificate and on receipt of
such application the Client shall either issue the Taking-Over Certificate to the
Contractor or reject the application giving the reasons and specifying the work required
to be done by the Contractor to enable the Taking-Over Certificate to be issued.
Nothing contained in this document shall, in any way, release the Contractor from any
Warranty or other obligations under the Contract.

Warranty
The Contractor shall warrant to the Purchaser Manufacturer’s warranty for minimum
one (1) year (hereinafter referred as Warranty Period) that the Goods supplied under the
Contract are genuine, brand new, non-refurbished, un- altered, imported through proper
channel, without any defect and incorporate all recent improvements in design and
materials, unless provided otherwise in the Contract. The Contractor shall provide
replacement of defective/damaged items within 24 hours of intimation. The Contractor
shall clearly mention Terms and Conditions for the Goods supplied after the expiry of
initial warranty period. The Client shall, by written notice served on the Contractor with
a copy to the Purchaser, indicate any claim(s) arising under the warranty. The Contractor
shall, within the prescribed time period, after receipt of such notice, replace the
defective/damaged Goods or parts thereof, without any cost to the Purchaser. The end
user licenses, end user warranties and end user contracting support services shall be in
the name of Purchaser, for the Goods supplied under the Contract.
 Page 27 of 34

Ownership of Goods and Replaced Components

Goods to be supplied to the Purchaser, pursuant to the Contract, shall become the
property of the Purchaser when the Goods are taken over by the Purchaser. Defective
components to be replaced by the Contractor, pursuant to the Contract, shall become the
property of the Contractor as and where it lies.

Defects Liability Expiry Certificate

The Contractor shall, after expiry of the warranty period, by written notice served on the
Client with a copy to the Purchaser, apply for a Defects Liability Expiry Certificate.
The Client shall, within seven days of receipt of such notice, either issue the Defects
Liability Expiry Certificate to the Contractor with a copy to the Purchaser, stating the
date of expiry of the Warranty Period for all the Goods supplied and fulfillment of all
obligations by the Contractor, under the Contract; or reject the application giving the
reasons and specifying the work required to be done by the Contractor to enable the
Defects Liability Expiry Certificate to be issued.

Payment
The Contractor shall provide all necessary supporting documents along with invoice.
The Contractor shall submit an Application for Payment to the Purchaser. The
Application for Payment shall be accompanied by such invoices, receipts or other
documentary evidence as the Purchaser may require; state the amount claimed; and set
forth in detail, in the order of the Price Schedule, particulars of the Goods supplied upto
the date of the Application for Payment and subsequent to the period covered by the last
preceding Payment, if any.
The Purchaser shall get verified the details of Goods delivered against the invoice from
the concerned Officer/Official of SCP and Payment shall be made on complete delivery
of Goods after issuance of satisfactory certificate by concerned Officer/Official, as per
details given in relevant Letter of Acceptance.
The Purchaser shall pay the amount verified within thirty (30) days. Payment shall not
be made in advance and against partial deliveries. The Purchaser shall make payment for
the Goods supplied to the Contractor, as per Government policy, in Pak Rupees, through
treasury cheque.
The Contractor shall cause the validity period of the Performance Security to be
extended for such period(s) as the contract performance may be extended. In case the
Contractor fails to submit Bank guarantee with extended validity period for such
period(s) as the contract performance may be extended, an amount equal to 10% of total
contract value shall be deducted from the payments to be made against the contract
All payments shall be subject to any and all taxes, duties and levies applicable under the
laws of Pakistan, for the whole period starting from issuance of Acceptance Letter till
termination of the signed contract in this regard.
 Page 28 of 34

Price
The Contractor shall not charge prices for the Goods supplied and provided and for other
obligations discharged, under the Contract, varying from the prices quoted by the
Contractor in the Price Schedule.

Contract Amendment
The Purchaser may at any time, by written notice served to the Contractor, alter or
amend the contract for any identified need/requirement in the light of prevailing rules
and regulations.
The Contractor shall not execute any Change until and unless the Purchaser has allowed
the said Change, by written order served on the Contractor with a copy to the Client.
The Change, mutually agreed upon, shall constitute part of the obligations under this
Contract, and the provisions of the Contract shall apply to the said Change.
No variation or modification in the Contract shall be made, except by written
amendment signed by both the Purchaser and the Contractor.

Assignment/Subcontract
The Contractor shall not assign or sub-contract its obligations under the Contract, in
whole or in part, except with the Purchaser's prior written consent. The Contractor shall
guarantee that any and/or all assignees / subcontractors of the Contractor shall, for
performance of any part / whole of the work under the contract, comply fully with the
terms and conditions of the Contract applicable to such part / whole of the work under
the contract.

Extensions In Time For Performance Of Obligations Under The Contract If the

Contractor encounters conditions impeding timely performance of any of the
obligations, under the Contract, at any time, the Contractor shall, by written notice
served on the Purchaser with a copy to the Client, promptly indicate the facts of the
delay, its likely duration and its cause(s). As soon as practicable after receipt of such
notice, the Purchaser shall evaluate the situation and may, at its exclusive discretion,
without prejudice to any other remedy it may have, by written order served on the
Contractor with a copy to the Client, extend the Contractor's time for performance of its
obligations under the Contract.

Liquidated Damages
If the Contractor fails / delays in performance of any of the obligations, under the
Contract / violates any of the provisions of the Contract / commits breach of any of the
terms and conditions of the Contract the Purchaser may, without prejudice to any other
right of action / remedy it may have, deduct from the Contract Price, as liquidated
damages, a sum of money @1% of the total Contract Price which is attributable to such
part of the Goods, in consequence of the failure / delay, be put to the intended use, for
every day between the scheduled delivery date(s), with any extension of time thereof
granted by the Purchaser, and the actual delivery date(s). Provided that the amount so
deducted shall not exceed, in the aggregate, 20% of the Contract Price.
 Page 29 of 34

Blacklisting
If the Contractor fails / delays in performance of any of the obligations, under the
Contract / violates any of the provisions of the Contract / commits breach of any of the
terms and conditions of the Contract or found to have engaged in corrupt or fraudulent
practices in competing for the award of contract or during the execution of the contract,
the Purchaser may without prejudice to any other right of action / remedy it may
blacklist the Contractor, either indefinitely or for a stated period, for future Tenders in
public sector, as per provision of Public Procurement Rules, 2004 and SCP Procurement
Regulations and Guidelines.

Forfeiture of Performance Security

The Performance Security shall be forfeited by the Purchaser, on occurrence of any or
all of the following conditions:

i. If the Contractor commits a default under the Contract;

ii. If the Contractor fails to fulfill any of the obligations under the Contract;
iii. If the Contractor violates any of the terms and conditions of the Contract.
The Contractor shall cause the validity period of the performance security to be
extended for such period(s) as the contract performance may be extended. In case the
Contractor fails to submit Bank guarantee with extended validity period for such
period(s) as the contract performance may be extended, an amount equal to 10% of total
contract value shall be deducted from the payments to be made against the contract.
If the Contractor fails / delays in performance of any of the obligations, under the
Contract / violates any of the provisions of the Contract / commits breach of any of the
terms and conditions of the Contract the Purchaser may, without prejudice to any other
right of action / remedy it may have, forfeit Performance Security of the Contractor.
Failure to supply required items within the specified time period will invoke penalty as
specified in this document. In addition to that, Performance Security amount will be
forfeited and the company will not be allowed to participate in future Tenders as well.

Termination for Default

If the Contractor fails / delays in performance of any of the obligations, under the
Contract / violates any of the provisions of the Contract / commits breach of any of the
terms and conditions of the Contract the Purchaser may, at any time, without prejudice
to any other right of action / remedy it may have, by written notice served on the
Contractor with a copy to the Client, indicate the nature of the default(s) and terminate
the Contract, in whole or in part, without any compensation to the Contractor. Provided
that the termination of the Contract shall be resorted to only if the Contractor does not
cure its failure / delay, within fifteen working days (or such longer period as the Client
may allow in writing), after receipt of such notice.
If the Purchaser terminates the Contract for default, in whole or in part, the Purchaser
may procure, upon such terms and conditions and in such manner as it deems
appropriate, Goods, similar to those undelivered, and the Contractor shall be liable to the
Purchaser for any excess costs for such similar Goods. However, the Contractor shall
continue performance of the Contract to the extent not terminated.
 Page 30 of 34

Termination for Insolvency

If the Contractor becomes Bankrupt or otherwise insolvent, the Purchaser may, at any
time, without prejudice to any other right of action / remedy it may have, by written
notice served on the Contractor with a copy to the Client, indicate the nature of the
insolvency and terminate the Contract, in whole or in part, without any compensation to
the Contractor.

Termination for Convenience

The Purchaser may, at any time, by written notice served on the Contractor with a copy
to the Client, terminate the Contract, in whole or in part, for its convenience, without
any compensation to the Contractor.
The Goods which are complete or to be completed by the Contractor, within twenty
working days after the receipt of such notice, shall be accepted by the Purchaser. For the
remaining Goods, the Purchaser may elect:
i. to have any portion thereof completed and delivered; and/or
ii. to cancel the remainder and pay to the Contractor an agreed amount for partially
completed Goods and materials/parts previously procured by the Contractor for the
purpose of the Contract, together with a reasonable allowance for overhead & profit.

Force Majeure
For the purpose of this contract “Force Majeure” means an event which is beyond the
reasonable control of a party and which makes a party’s performance of its obligations
under the Contract impossible or so impractical as to be considered impossible under the
circumstances, and includes, but is not limited to, War, Riots, Storm, Flood or other
industrial actions (except where such strikes, lockouts or other industrial are within the
power of the party invoking Force Majeure), confiscation or any other action by
Government agencies.
The Contractor shall not be liable for liquidated damages, forfeiture of its Performance
Security, blacklisting for future Tenders, termination for default, if and to the extent his
failure/delay in performance /discharge of obligations under the Contract is the result of
an event of Force Majeure.
If a Force Majeure situation arises, The Contractor shall, by written notice served on The
Purchaser, indicate such condition and the cause thereof. Unless otherwise directed by
The Purchaser in writing, The Contractor shall continue to perform under the Contract as
far as is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or Agents or Employees, nor (ii) any event which a diligent
Party could reasonably have been expected to both (A) take into account at the time of
the conclusion of this Contract and (B) avoid or overcome in the carrying out of its
obligations here under.
Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
 Page 31 of 34

Dispute Resolution and Redressal of Grievances by the Procuring Agency

a. The Purchaser may constitute a Committee comprising of odd number of
persons, with proper powers and authorizations, to address the complaints
of Bidder(s) that may occur prior to enforcement of the Procurement
Contract.
b. Any Bidder(s) feeling aggrieved by any act of the Purchaser after the
submission of bid may lodge a written complaint concerning grievances
not later than ten days after the announcement of the bid evaluation
report.
c. The Committee may investigate and decide upon the complaint within
fifteen days of the receipt of the complaint.
d. Mere fact of lodging of a complaint shall not warrant suspension of the
procurement process.
e. The Purchaser and the Contractor shall make every effort to amicably
resolve, by direct informal negotiation, any disagreement or dispute
arising between them under or in connection with the Contract.

Taxes and Duties

The Contractor shall be entirely responsible for all taxes, duties and other such levies
imposed make inquiries on income tax/Sales Tax to the concerned authorities of Income
Tax and Sales Tax Department, Government of Pakistan.

Contract Cost
The Contractor shall bear all costs / expenses associated with the preparation of the
Contract and the Purchaser shall in no case be responsible / liable for those costs /
expenses. The successful Bidder(s) shall provide legal Stamp Papers of relevant value
according to Government rules and regulations for signing of the formal contract.

The Client
The “Client”, Stationery Branch, shall only carry out such duties and exercise such
authority as specified in the Contract. The Client shall have no authority to relieve the
Contractor of any of his obligations under the Contract, except as expressly stated in the
Contract.
The Contractor shall proceed with the decisions, instructions or approvals given by the
Client in accordance with these Conditions.
The Client shall conform to all the relevant Clauses of this Tender Document to carry
out all responsibilities assigned thereto in a timely manner.
Authorized Representative
The Purchaser, the Client or the Contractor may, at their exclusive discretion, appoint
their Authorized Representative and may, from time to time, delegate any / all of the
duties / authority, vested in them, to their authorized Representative(s), including but not
limited to, signing on their behalf to legally bind them, and may, at any time, revoke
such delegation.
The Authorized Representative shall only carry out such duties and exercise such
authority as may be delegated to him, by the Purchaser, the Client or the Contractor.
Any such delegation or revocation shall be in writing and shall not take effect until
notified to the other parties to the Contract.
Any decision, instruction or approval given by the Authorized Representative, in
accordance with such delegation, shall have the same effect as though it has been given
by the Principal.
Notwithstanding, any failure of the Authorized Representative to disapprove any Goods
shall not prejudice the right of the Client to disapprove such Goods
 Page 32 of 34

and to give instructions for the rectification thereof.

If the Contractor questions any decision or instruction of the Authorized Representative
of the Purchaser / the Client, the Contractor may refer the matter to the Purchaser / the
Client who shall confirm, reverse or vary such decision or instruction.

Documentation
The Contractor shall furnish the user documentation/manual for each appropriate unit of
the supplied Goods and other information pertaining to the conditions of the Goods, in
hard copy format and in soft copy format, before the Goods are taken over by the
Purchaser.

A.O A.A.O A.A.O Programmer

(Senior Member) (Member-I) (Member-II) (Member Technical)