Ayub Teaching Hospital
 Abbottabad

Standard Bidding Document
For
Procurement of Supply & Electro Medical Equipment for  
(CARDIOLOGY, OPERATION THEATERS & SURGICAL ICU)

National Competitive Bidding (NCB) 	

AYUB TEACHING HOSPITAL, ABBOTTABAD
Phone 0992-384085 Fax 0992-380328

TENDER NOTICE

SPECIAL INSTRUCTIONS FOR PREPARATION OF TECHNICAL BIDS

►►S. No.1, the bid must be in booklet form with proper page marking. 

►►S. No.2, the Mandatory documents must be attached in sequence duly flagged.

►►S. No.3, the documents required for Technical Evaluation marks may also be attached after the mandatory documents according to relevant LOT available in bedding documents.

►►S. No.4. The bids without booklets & don’t fulfilled the above conditions will not be consider for Technical Specification.

Bid Data Sheet
ITB Ref	Description	Detail		
				
ITB Clause 1.1	Bid reference number	AYUB Teaching Hospital- Abbottabad		
		Tender /2018-19		
					
ITB Clause 2.1	Name of Client & source of funds	Ayub Teaching Hospital Abbottabad.		

ITB Clause 3.1	Name of Goods	Electro Medical Equipment for 
(Cardiology, Operation Theaters & Surgical ICU)		

ITB Clause 3.1	Equipment Sale License			

ITB Clause 6.1	Commencement date of  provision of Bidding Document	From the date of advertisement.		
ITB Clause 6.1	Closing  date  of issuance of tender documents 	Upto26/02/2019 during working hours.		
				
ITB Clause 7	Bidding for Selective Items	   Yes			

ITB Clause 9.1	Bidding procedure	   Single Stage Two Envelope Procedure		
				
ITB Clause 9.2	Method determining the Lowest	          Lowest evaluated responsive combined evaluation calculated through the merit point i.e technically & financially on 80/20 		
	Evaluated Responsive Bidder	(Lot-1) for purchase of Electro Medical Equipment 	
			
ITB Clause 11.1	Clarification(s) on Bidding Documents	Ayub Teaching Hospital Abbottabad		

					
ITB Clause 13	Language of bid	English			
				
ITB Clause 14.2	Specific Description of Goods in the Bidding Documents	As per specification given in bidding documents 		
				
ITB Clause 15.4	Bid Price	Bid Price shall be inclusive of all duties		
		and taxes except sales tax which is exempted on hospital.	
			
ITB Clause 16	Currency of Bid	PKR			
ITB Clause 18.1	Name of the Bid Form(s)	Primary Documents Bid Cover sheet		
		Bid Form-1	Letter of Attention		
		Bid Form-2	Affidavit		
		Bid Form-3 (A)  Eligibility of Bidders & Goods		
		Bid Form-3 (B)  Manufacturer’s Authorization		
		Bid Form-4 Firm’s Past performance		
		Bid Form-5 Price schedule		
		Bid Form -6 Performance Guarantee		
		Failure to submit Bid Forms shall render the bidders non-responsive.		

ITB Clause 18.2	Technical Bid Proforma’s	    As per bidding documents in Lot-1	

			

			
ITB Clause 20	Amount of Bid Security / Earnest	The Bidder shall furnish, as part of its bid,	
	Money	a Bid Security	
		2% of Bid Security in shape of Call deposit in the name of Hospital Director must be attached with Financial Bid undertaking may be given in Technical bid that bid security is attached with Financial Bid 	
			
ITB Clause 21	Bid validity period	90-days from the opening date	
			
ITB Clause 25	Last date and time for receipt of	26-02-2019 upto 11.00 am. 	
	bidding document	Through registered post or courier service by hand tenders will not be accepted.	
			
ITB Clause 28	Date, time and venue of opening of	26-02-2019 at .11.30 Conference room of ATH.	
	technical bids		
			
ITB Clause 41	Duration of Contract	For the Financial Year 2018-19	

ITB Clause 44	Performance Guaranty /	The Performance Security shall be 10% of	
	Security	the total contract price quoted and shall be	
		submitted in the name of Hospital Director 	
		AYUB Teaching Hospital	
		Abbottabad by the successful bidder.	

Primary Documents to be submitted for Firm Evaluation Documentation:

1.	Bid Cover sheet.
2.	Bid form letter of attention 
3.	Bid form to affidavit.
4.	Bid form 03-A eligibility of bidder & goods
5.	Bid form 03-B manufacturer authorization if eligible. 
6.	Bid form 04 firm past performance.
7.	Bid form 05- price schedule. (Financial Bid).
8.	Bid for 06- performance guarantee.
9.	Certificate to the effect that the requisite bid security equal to 2% of the bid price in form bank draft or CDR is enclosed in the financial bid.
10.	Non submission primary documents duty signed & stamps shall render the non responsive.
Secondary documents to be submitted for product evaluation documentation.
Specification list demonstrating the full / partial compliance to the required specification.
Product certifications for performance specifications: 
1-	AAMI’s certifications on quoted product performance, if available 
2-	ICC’s certification on quoted product performance, if available.
3-	USSCC’s certification on quoted product performance, if available.
4-	Any other product certification on quoted product performance i.e ISO etc.
5-	Customer satisfaction certificates of the quoted product from a local entity sup[plied earlier.

Secondary Documents to be submitted for Firm Evaluation Documentation:

1.	Manufacturer Authorization Certificate, or Partnership Deed with manufacturer. 
2.	NTN Certificate and also be on ATL of FBR. 
3.	GST Certificate from FBR. 
4.	IT-1 or IT-2 Form from FBR. 
5.	List of certified professional & Technical staff employed by the firm. 
6.	Detail of Networking setup in Peshawar. 
7.	Plan for Training on equipment to be supplied and installed along with certificate 
8.	Post-Warranty Certificate. 
9.	Post warranty Maintenance Services Certificate. 
10.	Last three years Bank Statement. 
11.	An original & latest undertaking / affidavit on judicial stamp paper that the firm / supplier and its employee have never bee black listed by any Govt. Sami Govt. organization. 

Instructions to Bidders (ITB)

1.	Scope of Bid	1.1	The Ayub Teaching Hospital Abbottabad invites bids for supply		
					
			Of items of Electro Medical Equipment for Cardiology, Operation theater and surgical ICU  
		
			to meet the requirement of Ayub Teaching Hospital Abbottabad		
			with  Bid  Reference  Number  for  the  procurement  activity  as		
			mentioned in Bid Data Sheet (BDS).		
					
2.	Source of	2.1	Grant in aid from Provincial Govt.		
					
	Funds				
					
3.	Eligible	3.1	Technically qualified according to criteria in the bidding documents		
	Bidders.				

					

					

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	The Importer/Agent must possess valid authorization from the Manufacturer and shall have to submit a copy of Equipment Sale License / Memorandum of Association/ Partnership Deed registered with the Registrar of Companies. However, in case of Manufacturer, they should have a documentary proof as prescribed in the Bid Form of these Standard Bidding Documents to the effect that they are the pre-qualified Manufacturer of the required specifications of Goods. 

3.4	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. 

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

(a)	are or have been associated in the past, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under these Standard Bidding Documents ; or 
(b)	submit more than one bid in this bidding process, except for alternative offers permitted under ITB Clause 15.6 of these Standard Bidding documents. However, this does not limit the participation of subcontractors in more than one bid. 

3.6	Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser shall reasonably request. 
	4.  Corruption and	4.1	The Government of Khyber Pakhtunkhwa defines Corrupt and		
	Fraud				
			Fraudulent  Practices  as  ―the  offering,  giving  ,  receiving,  or		
					
			soliciting of anything of value to influence the action of a public		
			official or the supplier or contractor in the procurement process		
			or  in  contract  execution  to  the  detriment  of  the  Procuring		
			agencies; 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 agencies 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‖		
					
		4.2	Indulgence in corruption and Fraudulent practice rejection of bids, cancellation of contracts, the baring of blacklisting of the bidders, for stated or indefinite period of time.		

					
					
	5. Eligible Goods	5.1	All goods and related services to be supplied under the contract		
					
	and Services.		shall  conform  to  the  policies  of  the  Government  of  Khyber		
			Pakhtnkhwa 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,		
			installation, insurance, port releases, after sale service etc.		
					
	6. Cost of Bidding.	6.1	The  Bidding  Documents  will  be  available  from  the  date  of		
					
			publishing of the IFB and will be available upto to the period as		
			mentioned in the Bid Data Sheet. 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	7.1	A Bidder, if he so chooses, can bid for selective items from the		
	Selective Items.				
			list of goods provided for in the Schedule of Requirements. A		
					
			Bidder is also at a liberty to bid for all the goods mentioned in		
			the   Schedule   of   Requirements   provided   he   fulfills   the		
			requirements. However, a Bidder cannot bid for partial quantities		
			of an item in the Schedule of requirement. THE BID MUST BE		
			FOR THE WHOLE QUANTITY OF AN ITEM REQUIRED IN		
			THE SCHEDULE OF REQUIREMENT.		
					
8. Bidding		The Bidding procedure shall be governed by the Procurement of	
Procedure /		  Rules KAPPRA rules 2014	
Governing			
Rules.			

8.1	The bidding procedure is governed by Rule 06 (2) KPRA Rules 2014 Bidders are advised also to refer to the Bid Data Sheet
 (BDS) to confirm the Bidding procedure applicable in the present bidding process 

8.2	The bidding procedure prescribed in the Bid Data Sheet above is explained below: 

Single Stage Two Envelops Procedure: The bid shall comprise a single package containing two separate envelopes. Each envelope shall contain separately the Technical bid and the financial bid; 

i)	the envelopes shall be marked as ―TECHNICAL BID‖ and ―FINANCIAL BID‖ in bold and legible letters to avoid confusion; 

ii)	Initially, only the envelope marked ―TECHNICAL BID‖ shall be opened. Technical bid contains requirements for the responsiveness and technical and financial eligibility for the firm and its quoted product. The extent of compliance to the stated requirements will determine that the firm and its product qualify technically before the opening of the financial bids. 

iii)	the envelope marked as ―FINANCIAL BID‖ shall be retained in the custody of Procuring Agency without being opened; 

iv)	the Procuring Agency shall evaluate the technical proposal without reference to the price and may reject any bid which does not conform to the specified requirements; 

v)	during the technical evaluation no amendments in the technical bid shall be permitted; 

vi)	the financial bids of only the technically qualified bids shall be opened publicly by the Procuring Entity at a time, date and venue to be announced and communicated to the Bidders in advance; 

vii)	The financial bids found technically non-qualified or rendered dis-qualified shall be returned un-opened to the respective Bidders; and 
The bid found to be the lowest evaluated responsive bid as per the Technical & Financial Evaluation Criteria shall be accepted for contract award.

10. Contents of the	10.1	The goods required, applicable bidding procedures, and Contract		
Standard				
		terms  &  conditions  are  prescribed  in  the  Standard  Bidding		
Bidding				
		Documents.    Contents  of  the  Standard  Bidding  Documents		
Documents				
		include:			
					
		a)	Invitation for Bids (IFB)		
		b)	Instructions To the Bidders (ITB)		
		c)	General Conditions of Contract (GCC)		
		d)	Special Conditions of Contract (SCC)		
		e)	Technical & Financial Evaluation Criteria		
		f)	List of Required bio-medical Equipment/Hospital		
		g)	Technical Specifications of the intended goods		
		h)	Sample Size & Ancillary Services		
		i)	Schedule of Requirements		
		j)	Distribution Plan for Health Institutions		
		k)	Sample Forms, Schedules & contract template		
		In case of any discrepancy between the contents of the Invitation		
	10.2	for Bid (IFB) and those of the Standard Bidding Documents listed		
		in  10.1  above,  the  Standard  Bidding  Documents  shall  take		
		precedence.		
		The Bidder is expected to examine all instructions, forms, terms,		
	10.3	and  specifications  in  the  Invitation  For  Bids  (IFB)  and  the		
		Standard  Bidding  Documents  (SBDs).   Failure  to  furnish  all		
		information required by the Standard Bidding Documents or to		
		submit a bid not substantially responsive to the Bidding Document in every respect shall be at the bidder risk and may result in the rejection of its bid. 		

11. Clarification(s)	11.1	A prospective Bidder requiring any clarification(s) on the Bidding		
on Standard		Documents may notify the Procuring Agency in a Pre-Bid meeting		
Bidding		or in writing at the Procuring Agency’s address indicated in the		
Documents		Bid Data Sheet (BDS).  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.  To  respond  to  all  such  queries,  the		
		Procuring Entity will hold a Pre-Bid Meeting under Rule 17 of the		
		NWFP Procurement of Goods, Works and Services Rules 2003,		
		on a date specified in the Bid Data Sheet (BDS) as explained in		
		ITB Clause 23.		
12. Amendment(s)	12.1	At any time prior to the deadline for submission of bids, the		
to the Bidding		Procuring Agency, for any reason, whether at its own initiative or		
Documents		in response to a clarification(s) requested by a prospective Bidder,		
		Weather in a Pre-Bid Meeting held on 27-07-2016 		
				
		date specified in the Bid Data Sheet (BDS) or through official		
		communication  to  the  prospective  bidders,  may  modify  the		
		Standard Bidding Documents by amendment(s).		
	12.2	All prospective Bidders who have received the Standard Bidding		
		Documents  shall  be  notified  of  the  amendment(s)  in  writing		
				
		through Post, e-mail or fax or advertisement in two national dailes.		
The said amendment(s) shall be binding on them.

12.3	In order to allow prospective bidders reasonable time for taking the amendments into account in preparing their bids, the procuring agency at its discretion may extend the deadline for submission of bids.

13. Language of Bids	13.1	All correspondences, communications, associated with		
				
		preparation of Bids, clarifications, amendments, submissions shall		
		be written in English.  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, in which case, for purposes of interpretation		
		of the Bid, the said translation shall take precedence.		
				
14. Documents	14.1	The Bid shall comprise the Bid Forms of these Standard Bidding		
comprising the		Documents  and  all  those  ancillary  documentation  that  are		
Bids		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 of these Standard Bidding Documents.		
		The Bidder shall complete the Bid Forms and an appropriate Price		
		Schedule  furnished  in  these  Standard  Bidding  Documents,		
	14.2	indicating the goods to be supplied, a brief  description of  the		
		goods, their general and specific characteristics as specified in		
		the Bid Data Sheet (BDS), ancillary services that the bidder is		
		willing or required to provide along with the proposed price.		
15. Bid Price.		The Bidder shall indicate on the appropriate form prescribed in		
	15.1	these Standard Bidding Documents the unit prices and total bid		
		Package price of the goods where applicable.		
	15.2	Form  prescribed  for  quoting  of  prices  is  to  be  filled  in  very		
		carefully, preferably typed. Every page of these Standard Bidding		
		Documents is to be signed and stamped at the bottom by the		
		bidder. No alteration of any Term or Condition is allowed.		
	15.3	The Bidder should quote the prices of goods according to the		
		technical specifications as  provided  in  Part-Two:  Section  III  of		
		these Standard Bidding Documents. The technical specifications		
		of  goods,  different  from  the  required  specifications,  shall  be		
		Rejected.		
	15.4	The Bidder is required to offer a competitive price which must		
		include all the taxes, duties, prescribed price and any other price		
		as mentioned in the Bid Data Sheet (BDS) where applicable. If		
		there is no mention of taxes, the offered/ quoted price shall be		
		considered as inclusive of all prevailing taxes/ duties, etc. However the ATH is exempted for payment of sales tax.
		
	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 Schedule of Requirement or in a lot; partial		
		quantity  offers  within  a  lot  shall  straightaway  be  rejected.		
		Conditional, alternate or provisional offer shall also render the bid		
		as non-responsive. No negotiation on price is allowed.		
	15.7	While making a price quote, trend/ inflation in the rate of goods	
		and services in the market should be kept in mind. No request for	
		increase in price due to market fluctuation in the cost of goods	
		and services shall be entertained. The bidder needs to consider	
		including any probable price fluctuation or expected inflation in the	
		quoted price before the bid submission.		
16. Bid Currencies	16.1	Prices shall be quoted in Pak currency as mentioned in the	Bid	
		Data Sheet.			
17. Samples.	17.1	The Bidder shall provide samples of quoted goods items  	
		at his own cost for assessment of quality according to requirement by the institution. 	
		prescribed by the Procuring Agency in Part-Two: Section III of	
		these  Standard  Bidding  Documents. 	
		samples of cold chain (perishable) goods, if any,	
		will be called later at the time of technical evaluation of bids.	
18. Documentation	18.1	Bidder shall furnish, as part of his bid, the Bid Form(s) as primary	
on Eligibility of		document (s): Section IV of the Standard),	
Bidders.		Bidding  Documents  and  as  specified  in  the  Bid  Data  Sheet	
		(BDS), establishing Bidder’s eligibility to bid and his qualifications	
		to perform the Contract if his bid is accepted.		
	18.2	Bid Evaluation Proformas provided as Annexures  in Part-Two:	
		Section IV of these Standard Bidding Documents may be filled an	
		submitted by the bidders to facilitate the Procuring Entity for the	
		preliminary evaluation of their Technical Bids if specified in Bid	
		data Sheet (BDS).			
	18.3	The Bidder  shall furnish,  as  part  of  his  technical bid,  the Bid	
		Forms provided in Part-Two: Section IV of these Standard Bidding	
		Documents  as  specified  in  the  Bid  Data  Sheet  (BDS),	
		establishing   his   substantial   responsiveness   required   for	
		establishing his eligibility for further evaluation of his technical bid	
		as  defined  under  ITB  Clause  3  of  these  Standard  Bidding	
		Documents.			
19. Documentation		The documentary evidence required in the evaluation criteria of	
on Eligibility of		these Standard Bidding Documents as specified in the Bid Data	
Goods		Sheet (BDS) for Bidder’s eligibility to bid for the intended goods,	
		shall  establish  to  the  Procuring  Entity’s  satisfaction  that  the	
		Bidder, at the time of submission of his bid, is an eligible bidder	
20. Bid Security	20.1	The Bidder shall furnish, as part of its bid, a Bid Security to the	
		extent of 2% of the total bid value must be attached with financial bid. 	
		amount  as  mentioned  in  the	Bid  Data  Sheet	(BDS).	
		Un successful bidder bid security shall be discharge or return soon after announcement of the successful biders	
	20.2

20.3	The successful bidder bid security shall be discharge upon signing of contract and furnishing the performance security / Guarantee.
The Bid security may be forfeited 
a)	If a Bidder withdraws its bid during the period of bid validity: 
        OR
b)	in the case of successful bidder, if the Bidder fails to sign the contract of fails to provide a Performance Security/ Guarantee for the duration of the contract.	

	21. Bid Validity	21.1	Bids shall remain valid upto 90- days from the opening of technical bid.	
			A bid valid for a period shorter than the	
			one prescribed in the Bid Data Sheet (BDS) shall be rejected by	
			the Procuring Entity as non-responsive.	
		21.2	The Procuring Entity shall ordinarily be under an obligation to	
			process  and  evaluate  the  bid  within  the  stipulated  bid  validity	
			period. However under exceptional circumstances and for reason	
			to be recorded in writing, if an extension is considered necessary,	
			all those who have submitted their bids, shall be asked to extend	
			their  respective  bid  validity  period.  Such  extension  shall  not	
			exceed the period of the original bid validity.	
		21.3	Bidders who,-	
			a)  agree to the Procuring Entity’s request for extension of bid	
			validity period, shall not be permitted to change the substance	
			of their bids; and	
			b) do not agree to an extension of the bid validity period, shall be	
			allowed  to  withdraw   their  bids  without  forfeiture  of  their  bid security	
22. Format and		22.1	The Bidder shall prepare and submit his bid and provide original	
Signing of Bids.			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  document.  In  an  event	
				where the Bidder has downloaded the bidding document from the	
				web, they 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 and shall	
				be signed by the Bidder or a person or persons duly authorized to	
				bind the Bidder to the Contract.  The person or persons signing	
				the bid shall initial and stamp all pages of the Standard Bidding	
				Documents.	
			22.4	Any tampering, illegitimate inclusion or exclusion in any part of the	
				Standard Bidding Documents shall lead to disqualification of the	
				bidder.	
23.  Pre Bidding		23.1	The pre bid meeting will be held on 16,17 & 18 January 2019 in the conference room of ATH.	
Meeting /			(a) to brief them to submit responsive bids,	
Clarification of			(b) to respond to any queries made by them for clarification,	
Tender			(c) to make any changes or modifications in the Standard Bidding	
Documents			Documents  in  the  light  of  such  clarifications  if  agreed  by  the	
				procuring Entity.	
			23.2	Any  such  changes  or  modifications,  after  approval  of  the	
				Procuring entity, shall reflected be in the form of an addendum or	
				minutes of meeting and shall be timely:	
				(a)  communicated  in  writing  to  all  such  bidders  who  have	
				purchased the Standard Bidding Documents, or	
				(b)  posted  on  the  website  of  ATH.	

					
			23.3	Reasonable time shall be given to all the prospective bidders after the Pre-Bid Meeting and before the bid opening so that they may adequately reflect the approved changes in their bids accordingly within the given time before the bid submission. The Procuring Entity may give a new date for bid opening either through an advertisement  or  through  any  written  communication  to  the prospective bidders if it deems necessary that a new bid opening date is required for providing reasonable time to the prospective bidders.	
24.  Submission	of		The  envelopes  shall  be  marked  as  ―TECHNICAL  BID‖  and	
Bids	/   Sealing	24.1	―FINANCIAL  BID‖  and  in  bold  and  legible  letters  to  avoid	
and	Marking	of		confusion.  Similarly,  the  Bidder  shall  seal  both  the  bids  in	
Bids				separate envelopes. The said two envelopes shall then be sealed	
				in an outer envelope.	

24.2	The inner and outer envelopes shall: 

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

(b)	contain Bid Reference Number indicated in the Bid Data Sheet 

(BDS), and a statement: ―DO NOT OPEN BEFORE,‖ and the time and the date specified in the Bid Data Sheet (BDS) for opening of Bids.

	24.3	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.			
	24.4	If the outer as well as inner envelope is not sealed and marked as		
		required by the ITB Clauses  above the Procuring		
		Agency shall assume no responsibility for the bid’s misplacement,		
		premature opening or accidental revelation of bid price.			
25. Deadline for	25.1	Bids  must  be  submitted  by  the  Bidder  and  received  by  the		
Submission of		Procuring Agency at the address on the time and date specified in		
Bids		the Bid Data Sheet (BDS). Bids received later than the time and		
		date specified in the Bid Data Sheet will be rendered non-		
		responsive and will be returned to the bidder unopened.		
	25.2	The  Procuring  Agency  may,  in  its  discretion,  extend  the		
		prescribed deadline for the submission of bids by amending the		
		Standard Bidding Documents in accordance with ITB Clause 12		
		above, in which case all rights and obligations of the Procuring		
		Agency  and  Bidders  previously  subject  to  the  deadline  shall		
		thereafter be subject to the deadline as extended.			
26. Late Bids	26.1	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.						
27. Withdrawal of	27.1	The Bidder may withdraw its bid after the bid’s submission and		
Bids		prior to the deadline prescribed for opening of bids.			
	27.2	No  bid  may be withdrawn  in  the period between deadline for		
		submission of  bids  and  the  Bid  opening. Withdrawal  of  a  bid		
		during  this  period  shall  result  in  forfeiture  of  the  Bid  Security		
		submitted by the Bidder, pursuant to the ITB Clause 20 above.		
28. Opening of Bids		All  bids	received,  shall	be	opened  by  the  Procuring	Agency		
by   the   Procuring	28.1							
		publicly	under  Rule  21	of	the  NWFP  Procurement  of	Goods,		
Agency.								
		Works & Services Rules 2003, in the presence of the Bidders or		
				
		their representatives on the date, time and venue prescribed in		
		the Bid Data Sheet.					
				
		The opening of Bids shall be subject to the Bidding Procedure		
	28.2	prescribed in the Bid Data Sheet and elaborated in ITB Clause 9		
		above.						
								
All Bidders in attendance shall sign an attendance sheet

28.3

The Purchaser shall open one Bid at a time and read out aloud its

28.4	contents which may include name of the Bidder, category tendered for, any discounts, any bid modifications or withdrawal, the presence or absence of requisite bid security, unit as well as total bid price and such other details as the Purchaser, at its discretion, may consider appropriate if not in conflict. 

The Procuring Agency shall have the minutes of the Bid opening 
28.5	(technical and when applicable financial) recorded. 

No Bid shall be rejected at technical proposal / bid opening accept for late bids which shall be return unopened to the bidder.
vi)	The financial bids found having without bid security shall also be return un announce to the bidders. however, prior to returned to the bidder the Chiarman of the Puchacse / procurement committee shall record his statement giving reason for return of such bids.

The  bids  found  without  Bid  Security  shall  also  be  returned

28.8	unannounced to the Bidders. However, prior to return to the Bidder, the Chairman of the Purchase / Procurement Committee shall record a statement giving reasons for return of such bid(s). 

				
	30. Preliminary	30.1	The  Procuring  Agency  shall  examine  the  bids  to  determine	
	Examination		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.	
			In the financial bids the arithmetical errors shall be rectified on the	
		30.2	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 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, lower	
			of the two shall be considered as per Rule 28(2)(b) of the NWFP	
			Procurement of Goods, Works and Services Rules 2003.	
			d) The evaluation shall include all taxes and duties inclusive of	
			local levies as a part of the price under Rule 28(2)(c) of NWFP	
			Procurement of Goods, Works and Services Rules 2003.	
		30.3	The  Procuring  Agency  may  waive  any  minor  informality,	
			nonconformity, or irregularity in a bid which does not constitute a	
			material deviation, provided such waiver does not prejudice or	
			affect the relative ranking of any Bidder.	

30.4	Prior to the determine the substantial responsiveness of each bid to the bidding documents. For purposes of this clause, a substantially responsive bid is one, which at the time of bid opening, conforms to all the terms and conditions of the Invitation For Bid (IFB) and the Standard Bidding Documents without material deviations. Deviations from the critical provisions, such as those concerning Applicable Laws, Taxes, Duties and internationally recognized best practices detailed evaluation, the Procuring Agency shall or imposition of conditionalities by the bidder shall be deemed to be a material deviation for rendering a technical bid as non-responsive. 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. 

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

31.Evaluationof  31.1	The Procuring Agency evaluate and compare the bids which have 	
Bids in accordance	determine to be substantively responsive in accordance with ITB Clauses above. 	
with the Evaluation		
Criteria.	All bids shall be evaluated as per evaluation criteria and other ters and condition set forth in in the Standard Bidding Documents 	

(a)	Merit Point Evaluation Methodology to identify the highest ranking quoted item (Most Economically Advantageous Bid), or 

(b)	Lowest Price Evaluation Methodology 

31.2	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 on the date of opening of bids specified in the Standard Bidding Documents, as notified by the State Bank of Pakistan/ National Bank of Pakistan on that day. 

31.3	A bid once opened in accordance with the prescribed procedure, shall be subject to only those evaluation criteria in the Standard Bidding Documents, rules, regulations and policies that are in force at the time of issue of notice for Invitation For Bids (IFB). 

		32.1	The procuring agency at any stage of the procurement proceedings having credible reasons for or prima facie evidence of any defect in bidders capacities may require under KPRA rule 2014. the bidder to provide information concerning their professional, technical, financial, legal or managerial competence weather already prequalified or not. 	
		32.2	Such qualification shall only be laid down after recoding reason thereof in writing. They shall form part of the record of that procurement proceeding	
		32.3	The procuring agency shall determine to its satisfication weather the bidder technically &financially qualified and even having the lowest responsive bids.	
		32.4	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 a	
			team of experts for assessment, if it deems necessary.	
		32.5	An affirmative determination shall be a pre-requisite for award of	
			the Contract to the Bidder.  A negative determination shall result	
			in non-qualification/dis-qualification of the Bidder’s bid, in which	
			event  the  Procuring  Entity  shall  proceed  to  the  next  lowest	
			evaluated responsive bid to make a similar determination of that	
			Bidder’s capabilities to perform satisfactorily.	
	33.1   Qualification f bidder	Evaluation Methodology specified in the Bid Data Sheet	
		(BDS and other terms and conditions set forth in these Standard
If   the  Procuring  Entity  finds  at  any  time  that  a  bidder  has	
		Bidding Documents (SBDs). Only those bids shall be evaluated
attempted  to  defraud  or  hoodwink  the  Procuring  Entity  or  an	
		which have been determined to be substantially responsive in
Evaluation  Committee  constituted  there  under,  by  intentional	
		accordance with ITB Clause 28 above.  The Procuring Entity shall
provision  of  false,  mis-stated,  mis-represented,  incomplete  or	
		choose the Evaluation Methodology under the rules keeping.
materially inaccurate information concerning qualification of the	
		in view the complexity of the procurement activity to determine the
product or the firm, through unauthorized submission of another	
		Lowest Evaluated Responsive Bidder and shall either be based
firm’s proprietary clinical or product research, certification or any	
			data as specified in the Bid Data Sheet (BDS) against his own	
			quoted product or firm and fails to remedy such deficiencies, the	
			said  bidder  shall  be  disqualified  under  the prevailing rules	
			and any	
			attempt by the bidder to offer inducement of any sort, formation of	
			a cartel to discourage fair competition or failure to complete his	
			earlier  contract  within  a  period  of  three  years  of  initiation  of	
			procurement may lead to  cancellation of his bid or contract, and	
			his   debarring   &   blacklisting   under   prevailing law	
			for a	
			stated or indefinite period of time	
		33.2	The  Procuring  Entity  may  opt  for  arranging  a  Pre-Award	
			Debriefing session to inform the non-qualified/dis-qualified bidders	
			before  the  opening  of  Financial  bids  of  technically  qualified	
			bidders.	
	34. Rejection of Bids	34.1	The Procuring Agency may reject any or all bids at any time prior	
			to  the  acceptance  of  a  bid.	
				
			However, before rejection of tender on basis of the bid being	
			unworkable, the bidder shall upon request be given an opportunity	
			to give a detailed analysis of workability of his bid.	
		34.2	The workability of a bid may depend, among other factors, upon	
			the objectives of a procurement activity as specified in the Bid	
			Data  Sheet  (BDS)  wherein   wider   coverage  for   disease	
			prevention,  diagnosis  or  treatment  of  patients  is  required  with	
			intended  cost-effective  healthcare  goods  of  high  therapeutic	
			value.	
		34.3	The Procuring Agency shall upon request communicate to any	
			Bidder who submitted a bid, the grounds for its rejection of any or	
			all bids, but is not required to justify those grounds.	
		34.4	The Procuring Agency incurs no liability, by virtue of its invoking	
			ITB Clause 34.1 above towards Bidders who have submitted bids.	
		34.5	Notice of the rejection of any or all bids shall be given promptly to	
			the concerned Bidders that submitted bids.	
35. Re-Bidding		35.1	If the Purchaser rejected all bids in pursuant to ITB Clause 32, it	
				may  call  for  a  re-bidding  by  adopting  the  requisite  procedure	
				under the rules.	
				. Notice of rejection of the tender shall be	
				given to all the bidders who submitted the bids.		
			35.2	The Procuring Agency before invitation for re-bidding shall assess	
				the reasons for rejection of tender and may accordingly revise	
				specifications,  evaluation  criteria  or  any  other  condition  for	
				Bidders,  as  it  may  deem  necessary  under  Rule  33(1)  of  the	
				NWFP Procurement of Goods, Works & Services Rules 2003 .	
				
36.De-Briefing		36.1		
Sessions for Access		The Purchaser, upon written request of a	
to Information on			bidder,  may  make  available  to  him  information  on  evaluation	
Evaluation Process		process as mentioned in the said Rule, or may either:		
				a)  convene  a  Pre-Award  De-Briefing  session  to  apprise  the	
				technically   non-qualified/disqualified   bidders   about   the	
				reasons of their non-qualification/disqualification, or,		
				b) convene a Post-Award De-Briefing to apprise the technically	
				qualified but unsuccessful bidders about shortcomings of their	
				bids  and reasons of success of the selected bid.		
37. Contacting the Procuring Agency	37.1		Subject to ITB clause 28 above, under Rule 26(2) of the NWFP Procurement of Goods, works & Services Rules 2003 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 whishes to bring additional information to the notice of the Procuring Agency, it should do so in writing.  	
		37.2		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 he bid evaluation if strictly prohibited. Any infringement shall lead to disqualification.	
38. confidentiality of Tendering Process	38.1		The procuring entity shall ensure the confidentiality of the tender process until final order on the tender of passed and successful bidder are selected.	
Maintenance of record of Procurement Proceedings	38.2		The procuring entity shall maintain the record relating to procurement proceedings under KPRA Rules 2014. record such proceeding shall be made public after the final selection of the lowest evaluated responsive bid.	
					
39.	Award	/	39.1	The Bidder whose bid is found to be most closely conforming to	
Acceptance  of	Bid		the Evaluation Criteria prescribed in Part-Two: Section II of these	
and Award Criteria.		Standard Bidding Documents if not in conflict with any other law,	
				rules,  regulations  or  policy  of  the  Government  of  Khyber	
3				Pakhtunkhwa, shall be awarded the Contract, within the original or	
				extended period of bid validity.		
40.Procuring		40.1	The Procuring Agency reserves the right at the time of award of	
Agency’s  Right	to		Contract to increase or decrease, the quantity of goods originally	
vary quantities at the		specified in the Schedule of Requirements without any change in	
time of Award.			unit price or other terms and conditions.		
41.Notification	of	41.1	Prior to the expiration of the period of bid validity, the Procuring	
Award			Agency shall notify to the successful Bidder in writing that its bid	
				has been accepted.		
	41.2	The  notification  of  award  shall  constitute  the formation  of  the	
		Contract  between  the  Procuring  Agency  and  the  successful	
		Bidder.	
	41.3	The enforcement of the Contract shall be governed by Rule 50 of	
		the KPK Procurement of Goods, Rules, 2014.	
		The procuring Entity and the successful bidder shall sign a	
		written contract within thirty (30) days of the dispatch of the notice	
		of acceptance of bid to the successful bidder.	
	41.4	Upon receipt of the Notification of Award, the successful Bidder	
		shall submit a Performance Security equal to the percentage of	
		the Contract price, as specified in the Bid Data Sheet (BDS)	
		According to procurement  Rules 2014.	
	41.5	Upon  submission  of  the  requisite  Performance  Security,  the	
		Procuring Entity shall release the Bid Security to the successful	
		bidder. The Bid Securities of the unsuccessful bidders shall also	
		be released to them.	
42.   Limitation   on	42.1	Negotiations,  that  may  be  undertaken  in  finalization  of  the	
Negotiations		Contract shall not relate to the price or substance of bid specified	
		by the Bidder, but only to minor technical, contractual or logistical	
		details. Negotiations shall not be used to:	
		substantially  change  the  technical  quality  or  details  of  the	

requirement, including the tasks or responsibilities of the Bidder or	
		the performance of the goods; substantially alter the terms and	
		conditions of Contract; reduce unit rates or reimbursable costs;	
		substantially alter anything which formed a crucial or deciding	
		factor in the evaluation of the bids or proposals alter the submitted	
		financial bid.	

43.Signing of Contract.

43.1	Within thirty (30) days of dispatch of the notice of acceptance of bid to the successful bidder the Purchaser and the bidder shall sign the Contract Agreement Form provided in Part-Two: Section IV of these Standard Bidding Documents, incorporating all the Terms & Conditions of these Standard Bidding Documents as agreed between the Parties and in accordance with the legal requirements in vogue. Entering into a Repeat Order shall be governed separately under Rule 21 of the KAPRA Rules 2014. 

43.2	Review against a contract award shall be carried out in 

43.3	If the successful Bidder, after completion of all codal formalities shows an inability to sign the Contract then its Bid Security shall stand forfeited and the firm may be blacklisted and de-barred from future participation, whether temporarily or permanently. In such situation the Purchaser may award the contract to the next lowest evaluated Bidder or the next highest ranking bid or call for new bids. 

43.4	The Contract shall become effective upon affixation of signature of the Purchaser and the selected Bidder on the Contract document, and shall be governed for the period specified in the Bid Data Sheet (BDS) and by the terms and conditions mutually agreed in the contract. 

	44.Performance	44.1	On the date of signing of Contract, the successful Bidder shall	
	Security		furnish a Performance Security in the form of a Bank Guarantee	
			for a percentage amount (10% of the total items’ quoted price) as	
			specified in the Bid Data Sheet (BDS), on the Form and in the	
mannered prescribed by the Procuring Agency in Part-Two: Section-IV of these Standard Bidding Documents within the time prescribed in the Bid Data Sheet (BDS).

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

44.3	Failure to provide a Performance Security by the successful Bidder is a sufficient ground for annulment of the award and forfeiture of his Bid Security. In such event the Procuring Entity may award the contract to the next lowest evaluated responsive bidder or call for new bid. 

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  Ayub Teaching Hospital and	
				Supplier, as recorded in the Agreement signed by	
				the   Parties including all attached & appendices thereto an 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  Khyber	
				Pakhtunkhwa, transportation of goods upto the	
				desired destinations, installation 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 Client as mentioned	
				in the SCC.							
			(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.						
3.	Source of	3.1	All goods and related services to be supplied under	
	Import		the	contract	that	are  required	to	be	imported  in	
			Pakistan shall have their origin in eligible source coun-	
			tries as prescribed by the commercial policies of the	
			Federal Government of Pakistan and all expenditures	
			made under the contract shall be limited to such goods	
			and services.								
		3.2	For purposes of this clause, ―origin‖ means the place	
			where  the  goods  are  produced,  or  the  place  from	
			which the related services are supplied. Goods are	
			produced when, through manufacturing or processing.	
4.	Standards	4.1	The goods supplied under this Contract shall conform	
			to	the	standards	mentioned	in	the	Technical	

			Specifications.	
				
		4.2	In consideration of the payments to be made by the	
			Purchaser to the Supplier as hereinafter mentioned,	
			the Supplier hereby covenants with the Purchaser to	
			provide  the  Goods  and  Services  and  to  remedy	
			defects therein in conformity in all respects with the	
			provisions of this Contract.	
		4.3	If the Supplier provide substandard item and fail to	
			provide the fresh supply, the payment of risk purchase	
			(which will be purchased by the Health Department)	
			the price difference shall be paid by the Supplier.	
			In  case  of  supply  of  substandard  product  the  cost	
		4.4	associated  with  disposal/destruction  or  associated	
			handling shall be borne by the Supplier i.e. removal	
			from  purchaser’s  premises,  burning,  dumping,  or	
			incineration.	
5.	Use of	5.1	The Supplier shall not, without the Purchaser’s prior	
	Contract		written consent, disclose the Contract, or any provision	
	Documents		thereof, or any specification, plan, drawing, pattern,	
	and		sample, or information furnished by or on behalf of the	
	Information.		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	
		5.2	written  consent,  make  use  of  any  document  or	
			information enumerated in GCC Clause 5.1 except for	
			purposes of performing the Contract.	
			Any   document,   other   than   the   Contract   itself,	
			enumerated  in  GCC  Clause  5.1  shall  remain  the	
		5.3	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	
		5.4	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. Performance	7.1	Within twenty (20) days of receipt of the notification of	
	Security		Contract award, the successful Bidder shall furnish to	
			the Purchaser the performance security in the amount	
			specified in SCC.	
	7.2	The  proceeds  of  the  performance  security  shall  be	
		payable to the Purchaser as compensation for any loss	
		resulting  from  the  Supplier’s  failure  to  complete  its	
		obligations under the Contract.	
	7.3	The performance security shall be denominated in the	
		currency of the Contract acceptable to the Purchaser	
		and shall be in one of the following forms:	
		(a)	a Bank Guarantee or an irrevocable letter of credit	
			issued  by  a  reputable  bank  located  in  the	
			Purchaser’s country on behalf of the Supplier, in	
			the  form  provided  in  the  bidding  documents  or	
			another form acceptable to the Purchaser; or	
		(b)	a cashier’s or certified check.	
	7.4	The  performance  security  will  be  discharged  by the	
		Purchaser and returned to the Supplier not later than	
		thirty (30) days following the date of completion of the	
		Supplier’s performance obligations under the Contract,	
		including  any  warranty  obligations,  unless  specified	
		otherwise in SCC.	
8. Submission of		Before  commencing  supplies,  the  Supplier  shall	
Samples		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.	
		To  ensure  storage  arrangements  for  the  intended	
9.  Ensuring		supplies, the Supplier shall inform the Purchaser at	
storage		least 0ne (01) week in advance. However, in case no	
arrangements		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.	
10. Inspections	10.1	The  Purchaser  or  its  representative  shall  have  the	
and Tests		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.	
			
		All costs associated with testing shall be borne by the	
	10.2	Supplier.	
			
		The  Purchaser’s  right  to  inspect,  test  and,  where	
	10.3	necessary, reject the goods after the goods either at	
		Supplier’s  premises  or  upon  arrival  at  Purchaser’s	
		destinations shall in no way be limited or waived by	
		reason of the goods having previously been inspected,	
		tested,   and   passed   by   the   Purchaser   or   its	
		representative  prior  to  the  goods  delivery  from  the	
		point of Supply or manufacturing.	
	10.4	Nothing in GCC Clause 10 shall in any way release	
		the Supplier from any warranty or other obligations	
		under this Contract.	
	11. Packing	11.1	The Supplier shall provide such packing of the Goods	
			as is required to prevent their damage or deterioration	
			during transit to their final destination, as indicated in	
			the  Contract.   The  packing  shall  be  sufficient  to	
			withstand,  without  limitation,  rough  handling  during	
			transit  and  exposure  to  extreme  temperatures,  salt	
			and  precipitation  during  transit,  and  open  storage.	
			Packing  case  size  and  weights  shall  take  into	
			consideration, where appropriate, the remoteness of	
			the Goods’ final destination and the absence of heavy	
			handling facilities at all points in transit.	
			The  packing,  marking,  and  documentation  within  and	
		11.2	outside the packages shall comply strictly with such special	
			requirements  as  shall  be  expressly  provided  for  in  the	
			Contract, including additional requirements, if any, specified	
			in SCC, and in any subsequent instructions ordered by	
			the Purchaser.	
	12. Delivery and	12.1	The  Supplier  in  accordance  with  the  terms  and	
	Documents		manner  specified  in  the  Schedule  of  Requirements	
			shall make delivery of the goods	
			The Supplier shall furnish all necessary documentation	
		12.2	necessary for completion of the delivery, at the time of	
			delivery and in the manner prescribed.	
				
			The  goods  supplied  under  the  Contract  shall  be	
		12.3	Delivered  Duty  Paid  (DDP)  under  which  risk  is	
			transferred to the buyer after the Goods have been	
			delivered;	
	13. Insurance		The supplier shall be solely responsible for Insurance	
			of the Goods subject to the contract.	
	14.Transportation	14.1	The Supplier shall arrange such transportation of the	
			goods  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.	
		14.2	All  costs  associated  with  the  transportation  of  the	
			goods subject to this contract shall be borne by the	
			Supplier.	
	15. Incidental		The Supplier shall be required to provide the incidental	
	Services		services as specified in the SCC and the cost of which	
			is included in the total bid price.	
				
16. Spare Parts		As specified in SCC, the Supplier may be required to	
		provide   any   or   all   of   the   following   materials,	
		notifications, and information pertaining to spare parts	
		manufactured or distributed by the Supplier:	
		(a)	such spare parts as the Purchaser may elect to	
			purchase  from  the  Supplier,  provided  that  this	
			election  shall  not  relieve  the  Supplier  of  any	
			warranty obligations under the Contract; and	
		(b)	in  the  event  of  termination  of  production  of  the	
			spare parts:	
		(c)	advance  notification  to  the  Purchaser  of  the	
			pending termination, in sufficient time to permit the	
			Purchaser to procure needed requirements; and	
		(d)	following such termination, furnishing at no cost to	
			the  Purchaser,  the  blueprints,  drawings,  and	
			specifications of the spare parts, if requested.	
				
17. Warranty	17.1	All	goods   subject   to   this   contract   shall   be	
		accompanied  by  the  necessary  warranty  in  the	
		manner prescribed in the SCC.	
		The  Purchaser shall promptly notify the  Supplier in	
	17.2	writing of any claims arising under this warranty.	
18. Payment	18.1	The purchaser shall make payments to the Supplier, 	
		on receipt & inspection of supply.	

	18.2	The currency of payment shall be Pakistan Rupee.	
			
19. Prices		Prices charged by the Supplier for goods delivered	
		under  the  Contract  shall  not  vary  from  the  prices	
		quoted by the Supplier in its bid and shall remain the	
		same till the expiry of the contract unless the Parties to	
		this contract mutually agree to vary the prices.	
20. Change	20.1	The	Purchaser may at any time, by a written order	
Orders		given to the Supplier pursuant to GCC Clause 33 for	
		notices, make changes within the general scope of the	
		Contract in any one or more of the following:	
		(a) drawings, designs, or specifications, where Goods	
			to  be  furnished  under  the  Contract  are  to  be	
			specifically manufactured for the Purchaser;	
		(b)	the method of shipment or packing;	
		(c)	the place of delivery; and/or	
		(d)	The Services to be provided by the Supplier.	
		If any such change causes an increase or decrease in	

20.2	the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within thirty (30) days from the date of the 

Supplier’s receipt of the Purchaser’s change order. 

	21. Contract		No  variation  in  or  modification  of  the  terms  of  the	
	Amendments		Contract shall be made except by written amendment	
			signed by the Parties.				
	22. Assignment		The Supplier shall not assign, in whole or in part, its	
			obligations to perform under this Contract, except with	
			the Purchaser’s prior written consent.				
	23. Subcontracts		The Supplier shall not be allowed to sublet and award	
			subcontracts under this Contract.				
	24. Delays in the	24.1	Delivery of the goods shall be made by the Supplier in	
	Supplier’s		accordance  with  the  time  schedule/supply  schedule	
	Performance		prescribed  by  the  Purchaser  in  the  Schedule  of	
			Requirements.				
		24.2	If at any time during performance of the Contract, the	
			Supplier   encounters   conditions   impeding   timely	
			delivery of the goods, the Supplier shall promptly notify	
			the Purchaser in writing of the fact of the delay, its	
			likely  duration  and  its  cause(s).	As	soon	as	
			practicable after receipt of the Supplier’s notice, the	
			Purchaser shall evaluate the situation and may at its	
			discretion extend the Supplier’s time for performance,	
			with or without liquidated damages, in which case the	
			extension  shall  be  ratified  by  the	Parties	by	an	
			amendment to the Contract.				
	25. Liquidated		Except as provided under GCC Clause 24, a delay by	
	Damages &	24.3	the  Supplier  in  the  performance  of  its  delivery	
	Penalties		obligations  shall  render  the  Supplier  liable  to  the	
			imposition of liquidated damages as prescribed in the	
			SCC, unless the parties to this contract mutually agree	
			for extension of time.				
			Subject  to  GCC  Clause  25,  if  the  Supplier  fails  to	
			deliver  any  or  all  of  the  Goods  or  to  perform  the	
			Services within the period(s) specified in the Contract,	
			the  Purchaser  shall,  without  prejudice  to  its  other	
			remedies under the Contract, deduct from the Contract	
			Price, as liquidated damages, a sum equivalent to the	
			percentage specified in SCC of the delivered price of	
			the delayed Goods or unperformed Services for each	
			week or part thereof of delay until actual delivery or	
			performance,  up  to  a  maximum  deduction  of  the	
			percentage specified in SCC.  Once the maximum is	
			reached, the Purchaser may consider termination of	
			the Contract pursuant to GCC Clause 26.			
			Applicable rate for penalties in case of a breach of	
			contract by the supplier regarding delivery of Goods is	
			specified in the Supply Schedule.				

26. Termination		The Purchaser, without prejudice to any other remedy	
for Default		for breach of Contract, by written notice of default sent	
		to  the  Supplier,  may  terminate  this  Contract  as	
		mentioned in the SCC 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	
		Supply  Schedule  in  Part-II:  Section-III  of  the	
		Standard Bidding Documents  within	the  period	
		specified  in  and  subsequent purchase  order, or	
		within  any  extension  thereof  granted  by  the	
		Purchaser pursuant to GCC Clause 24; 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   supplier   or   contractor   in   the	
		procurement process or in contract execution to the	
		detriment    of    the    Procuring    agencies;    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 agencies 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.”		
27. Force Majeure	27.1	Notwithstanding the provisions of GCC Clauses 24, 25	
		& 26, 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	
		Majuro. 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.		
						
	27.2	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 purchase order under the Contract and		
		inform the Supplier of its findings promptly.		
				
	27.3	Unless Purchaser informs the Supplier in writing of its		
		agreement on the application  of force majeure,  the		
				
		Supplier shall continue to perform its obligations under		
		the Contract as far as is reasonably practical and shall		
		seek  reasonable  alternative  means for  performance		
		not prevented by the Force Majeure event.		
				
28. Termination		The Purchaser may at any time terminate the Contract		
for Insolvency		by  giving  written  notice  of  one  month  time  to  the		
		Supplier   if   the   Supplier   becomes   bankrupt   or		
		otherwise insolvent.  In this event, termination shall be		
		without compensation to the Supplier, provided that		
		such termination shall not prejudice or affect any right		
		of action or remedy which has accrued or shall accrue		
		thereafter to the Parties.		
29. Termination for	29.1	The Purchaser, by written notice sent to the Supplier,		
Convenience		may terminate the Contract, in whole or in part, at any		
		time  for  its  convenience.   The  notice  of  termination		
		shall  specify  that  termination  is  for  the  Purchaser’s		
		convenience, the extent to which performance of the		
		Supplier under the Contract is terminated, and the date		
		upon which such termination becomes effective.		
		The Goods that are complete and ready for shipment		

29.2	within thirty (30) days after the Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect: 

(a)	to have any portion completed and delivered at the Contract terms and prices; and/or 

(b)	to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Supplier. 

30. Arbitration	30.1	The  Purchaser  and  the  Supplier  shall  make  every	
and		effort to resolve amicably by direct informal negotiation	
Resolution of		any  disagreement  or  dispute  arising  between  them	
Disputes		under or in connection with the Contract.	
			
	30.2	If, after thirty (30) days from the commencement of	
		such  informal  negotiations,  the  Purchaser  and  the	
		Supplier  have  been  unable  to  resolve  amicably  a	
		Contract  dispute,  either  party  may  require  that  the	
		dispute  be  referred  to  the  Arbitrator  for  resolution	
		through arbitration.	
	30.3	In case of any dispute concerning the interpretation		
		and/or  application  of  this  Contract  shall  be  settled		
				
		through arbitration under the Arbitration Act of 1940		
		(As amended from time to time) in a court of relevant		
		jurisdiction as mentioned in the SCC.		
				
	31. Governing		The  Contract  shall  be  written  in  English  language.	
	Language		Subject to GCC Clause 32, the version of the Contract	
			written  in  the  specified  language  shall  govern  its	
			interpretation.	All   correspondence   and   other	
			documents  pertaining  to  the  Contract,  which  are	
			exchanged by the Parties, shall be written in English.	
	32. Applicable		This  Contract  shall  be  governed  by  the  Laws  of	
	Law		Pakistan  and  the  courts  of  Pakistan  shall  have	
			exclusive jurisdiction.	
	33. Notices	33.1	Any Notice given by one party to the other pursuant to	
			this Contract shall be sent to the other party in writing	
			and on the others address specified in SCC.	
				
		33.2	A notice shall be effective when delivered or on the	
			notice’s effective date, whichever is later.	
				
	34.Taxes &		All taxation, whether International, Federal, Provincial or	
	Duties		Local, shall be borne by the Supplier.	

Special Conditions of Contract

The following Special Conditions of Contract shall supplement the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The corresponding clause number of the GCC is indicated in parentheses.

1.	Definitions (GCC Clause 1) 

GCC 1.1 (c)—The Goods are: as mentioned in the advertisement. 

GCC 1.1 (g)—The Purchaser is: AYUB Teaching Hospital, Abbottabad 

GCC 1.1 (h)—The Supplier is: ________________________________ 

2.	Country of Origin (GCC Clause 3) 

All countries and territories as indicated in Part Two: Section V of the Standard Bidding 

Documents, ―Eligibility for the Provisions of Goods, Works, and Services.‖ 

3.	Standards (GCC Clause 4) 

GCC 4.1 — the quoted product, at the time of delivery, shall conform to the standards as prescribed in the Technical Evaluation Criteria. The said conformance shall lead to subsequent issuance of the Acceptance Certificate to the Supplier by the Purchaser. 

4.	Performance Security (GCC Clause 7) 

GCC 7.1 — The amount of performance security, as a percentage of the Contract Price, shall be: Ten (10) percent of the Contract Price 

[The following provision shall be used in the case of Goods having warranty obligations.] 

GCC 7.4 — After delivery and acceptance of the Goods, the Performance Security shall be returned after successful completion of the contract in accordance with Warranty Clause GCC 17.1. 

5.	Inspections and Tests (GCC Clause 10) 

GCC 10.3— after delivery of store the inspection will be carried out by the Inspection Committee of Ayub Teaching Hospital Abbottabad before the payment.

Inspections & tests may include re-verification of any quality or manufacturing aspect from vendor or manufacturer by the Purchaser in the form of either a test run or production of an industrial process certificate or a Performance Certificate from the previous clients if the Purchaser feels that sufficient time has elapsed between the manufacturer’s pre-qualification/preliminary assessment and bid evaluation. 

6.	Packing (GCC Clause 11) 

Applicable as required by the Purchaser.

7.	Delivery and Documents (GCC Clause 12) 

GCC Clause 12.1—Delivery/Supply Period of the intended goods shall be 90 Days for Imported Goods and 30 Days for Local Goods

GCC 12.2—In case of Import or as required otherwise, upon shipment, the Supplier shall notify the Purchaser the full details of the shipment, including Contract number, description of Goods, quantity and usual transport document. The Supplier shall mail the following documents to the Purchaser:

(i)	Copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount; 

(ii)	original and two copies of the usual transport document (for example, a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note, or a multimodal transport document) which the buyer may require to take the goods; 

(iii)	Copies of the packing list identifying contents of each package; 

(iv)	Insurance certificate; 

(v)	Manufacturer’s or Supplier’s warranty certificate; 

(vi)	Inspection  certificate,  issued  by  the  nominated  inspection  agency,  and  the 
Supplier’s factory inspection report; and 

(vii)	Certificate of origin. 

GCC 12.2— Applicable Delivery Mode: Delivered Duty Paid (DDP) of Inco terms 2011

8.	Insurance (GCC Clause 13) 

GCC 13.1— The Goods supplied under the Contract shall be Delivered Duty Paid (DDP) under which all the risk is transferred to the buyer / concerned Health Institution only after the intended goods have been delivered to their desired destination. Hence insurance coverage is seller’s responsibility for arranging appropriate coverage. 

9.	Spare Parts (GCC Clause 16) 

After sale service with spare parts shall be 5 years, where applicable. 

(a)	If cost is up to Rs. 2-3 million, 1% of the approved cost per year will be given to the firm. 

(b)	If cost is above Rs. 3 millions, 0.5% of approved cost per year will be given to the 

firm.

Note: The conditions (a) & (b) will be subject to mutual agreement.

10.	Warranty (GCC Clause 17) 

GCC 17.2—Warranty with repair & spare parts shall be 03 years mandatory remaining will be according to offered by the firm.

(a)	make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance / conformance tests in accordance with GCC Clause 10, 

or

(b)	pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees. The rate of these liquidated damages shall be 0.05% per day or 0.5% per week upto a maximum of 10%.of the total Contract price. 
11.	Payment (GCC Clause 18) 

GCC 18.1—The method and conditions of payment to be made to the Supplier under this Contract shall be as follows: 

Payment for Goods supplied: 

Payment shall be made in Pak. Rupees through crossed cheques in the following manner: 

(iii)	Payment will be made after installation and inspection by the Inspection Committee.

12.	Liquidated Damages & Penalties (GCC Clause 25) 

GCC 25.1—Applicable rate: 0.5% per week or 0.05% per day of the total Contract price 

Maximum deduction: ≤ 10% of the total contract amount. 

13.	Termination of Contract (GCC Clause 26): 

GCC 26.1 —After exhausting all the delivery period as provided in the Supply Schedule in Part-II: Section-III of the Standard Bidding Documents and still failing to supply the intended goods, the Purchaser may terminate the Contract for default of the supplier, and procure the non-supplied goods at supplier’s risk and cost from the open market, and shall enforce Supplier’s Performance security.

14.	Disputes Resolution (GCC Clause 31) 

GCC 31.3—The dispute resolution mechanism to be applied pursuant to GCC Clause 31.2 shall be as follows:

In the case of a dispute between the Purchaser and the Supplier, the dispute shall be referred to adjudication or arbitration in accordance with The Arbitration Act 1940. The jurisdiction of Court shall be of Peshawar, Khyber PakhtunKhwa.

15.	Governing Language (GCC Clause 31) 

GCC 31.1—The Governing Language shall be: English 

16.   Applicable Law (GCC Clause 32)

GCC 32.1-The Contract shall be interpreted in accordance with the laws of Islamic Republic of Pakistan which includes the following legislation:
Khyber Pakhtunkhwa Public Procurement Rules 2014
NWFP Procurement of Goods, Works & Consulting Services Ordinance 2002 NWFP Procurement of Goods, Works & Services Rules 2003

The Drug Act 1976

The Arbitration Act 1940 The Contract Act 1876

The Employment of Children (ECA) Act 1991

The Bonded Labour System (Abolition) Act of 1992 The Factories Act 1934

16.	Notices (GCC Clause 33) 

GCC 33.1—Purchaser’s address for notice purposes: 

AYUB Teaching hospital Abbottabad.

Telephone(s):	0992-380412
Facsimile:	0992-381907-14

Email:	proayubteachinghospital@gmail.com 
Website:	http://www.ath.gov.pk

Supplier’s address for notice purposes: Hospital Director, Ayub Teaching Hospital, Mansehra Road, Mandian, Abbottabad.

17. Duties & Taxes (GCC clause 34)
The Unit price quoted by the bidder shall be: inclusive of all duties and taxes.

Lot-1

Evaluation Criteria for Procurement of Bio-Medical Equipment: 

Total Marks {Technical Criteria (80) + Financial (20)}: 100

The bidders achieving a minimum of 56 (70%) out of 80 marks in the Technical Evaluation will be declared technically qualified. Financial bids of only technically qualified bidders will be open publicly at time to be announced by the Procuring Agency. The Financial Bids of technically disqualified bidders will be returned un-opened to the respective Bidders. After getting the financial score from the remaining 20 marks, the two scores will be combined to indentify the heights ranking firm. 

Merit Point Evaluation Methodology: Contract will be awarded to the lowest evaluated responsive firm which gets the maximum marks and becomes the highest ranking  in the Combined Evaluation calculated through the Merit Point Average Methodology which puts greater emphasis on non-price factors like stringent global certifications on Conformance Specifications (i.e meeting the required technical specifications), performance Specification (i.e meeting the requirements the product is designed for) leading to customer satisfaction verification, certifications of the technical staff, provision of maintenance & services, provision of training on equipment ad post-warranty services etc. the following weight-ages will be given to the technical scores:

Technical Scores:	80
Financial Scores:	20

MEDICAL & TECHNICAL ITEMS (Electro medical Equipment etc.)

Mandatory Documents	Status on ATL	

Bids without Mandatory documents shall not be considered for evaluation	
	Income Tax Registration		
	Sales Tax Registration		
	Last Year income Tax Returns		
	Last Year Sales Returns		
	Last 03 years Bank Statement & audit reports by external auditor		
	Registration with respective Govt.
Department 		
	Authorized dealer of the original manufacturer		
	Certificate that 2% CDR is attached with financial bid		
	Affidavit on stamp paper duly attested regarding black listing and other conditions as per provided specimen in the bid document		
	Warranty with parts as per bid document		
	100% compliance with purchaser's specifications		

EVALUATION CRITERIA
S/No 	Parameters	Detail/Supporting Documents	Maximum Marks	Remarks	

1	

Running Cost of quoted item

(Economical= 20, medium= 15, Costly= 7, Very costly= 0	List with cost of consumable items of quoted item	
20
Concerned Engineer and End User will calculate this cost	

Running cost=

(Actual Cost= ) 

		List with cost of replaceable accessories of quoted item			
		Charges NOT covered under warranty			
		Expected numbers/duration of services/test/procedures with brand new accessories			

2	Product Sample 
(Evaluated by End User) 	Additional Special Feature (s) NOT mentioned by the
purchaser: up to 10 Marks	
10		

3	

Physical resources	Established office within 200 Km from purchaser: 2

Established office beyond 200 Km from purchaser: 1	

2

Details with supporting documents must be attached.	
		List of tools, testing equipment and calibrationequipment relevant to the product	
1		
		Details of spare parts available for quoted items	1		
		Detailed Training Plan with resource persons	1		

4	

Technical Staff	Qualified Technician	1	Short CV with Original Signature of Head HR
showing Name, Designation, Education and Experience with the current organization	
		Diploma Engineer	1		
		Graduate Engineers (For High Tech/Critical Equipment)	2		
		MSc/PhD Qualification/Foreign Training	
1		

5	Market Experience in quoted items	02 Mark per year. Maximum 10 marks	10	Reputed Govt / Pvtorganizations	

6	

International Certifications	Registration with US Food and Drug Administration (FDA) 	3		
		Registration with European Community (CE)	3		
		Registration with Japan Industrial Standard (JIS)	3		
7	Manufacturer International performance certificate	02 marks per certificate, total 06 marks	
6		

8	Manufacturerslocal performance certificate of quoted equipment by HOD of relevant field of reputed hospital of at least 50 beds. The certificate  should  NOT be older than THREE years 	Performance Certificate from the user mentioning "Excellent, very Good & Good Performance". Maximum marks 10.
(Maximum 2 certificates)
Excellent= 5, Very Good= 3 &
Good=2 	

10

Performance Certificates mentioning
"Satisfactory" will get ZERO marks	

9	

Warranty
	
01 years beyond asked warranty with parts: 2
02 years beyond asked warranty with parts:6
03 years beyond asked warranty with parts: 10	

10		

10	
Post-warranty Maintenance Services including provision of spare parts	Post-warranty Maintenance Contract offeringpercentage (%) of the contract value in the
Technical Bid. The lowest will get the Full Marks. The rates MUST come from the Original Manufacturer	

05		
	TOTAL MARKS		90		
In Technical Evaluation 70% (63/90) marks will be passing marks
50% weight age would be given to technical evaluation marks and 50% weight age would be for financial.
Financial Marks =	Lowest Bidder	X 100 X 0.5	
	Bid under consideration		

List of Items.

i.	Electro Medical Equipments (As per Advertisement)

along with Specifications

ATTACHED AS PER 
LOT-1 

Technical Specifications is also available on the website of Ayub Teaching Hospital Abbottabad at:

www.ath .gov.pk.

Notes for Preparing the Schedule of Requirements

The Schedule of Requirements shall be included in the bidding documents by the Purchaser, and shall cover, at a minimum, a description of the goods and services to be supplied and the delivery schedule.

The objective of the Schedule of Requirements is to provide sufficient information to enable bidders to prepare their bids efficiently and accurately, in particular, the Price Schedule, for which a Rate Form is provided in Part-II: Section-III. In addition, the Schedule of Requirements, together with the Bid Form-V: Price Schedule (which shall be submitted to the Procuring Entity by the selected Bidder), should serve as a basis in the event of quantity variation at the time of supply/delivery of contract pursuant to ITB Clause 37.

The date or period for delivery should be carefully specified, taking the date prescribed herein from which the Purchaser’s delivery obligations start (i.e., notice of award, contract signature, opening or confirmation of the letter of credit etc.).

The supplies shall be delivered in accordance with the subsequent Purchase Orders to be issued by the Health Department (provincial enteritis, vertical programs and concerned districts) as per following schedule of requirements:-

Schedule of Requirements

The supplies and related services shall be delivered in accordance with the subsequent Purchase Order(s), being an integral part of Contract, to be issued by the Directorate General Health services to the successful bidders along with Contract as per following schedule of requirements:-

Supply Schedule:
B)	For Local Goods:						

2 The validity of Purchase Order will start from its next date of issuance to the concerned Supplier.
Mode of Penalty	100% Quantity as	Total delivery	
	per Purchase Order	Period	
Without penalty	30 days	30 days	
			
With penalty @ 0.067 %	10 days	40 days	
per day after 30 days of			
Purchase Order			

*Failure to deliver the goods after 40 days will lead to termination of contract for default and enforcement of Performance Security of the Supplier.

Note:	The total delivery period include opening of Letter of Credit (if any), transportation from manufacturer’s destination to the Purchaser’s Country Port, custom clearance and inland transportation from Purchaser’s Port to the end destination (districts). Installation, commissioning, test-run, relevant staff training and initial maintenance are NOT included in the delivery period. However, payment to the supplier will be subject to satisfactory report by the Inspection Team.

Technical Specifications and Ancillary Services

a).	Product Specifications:

Available on ATH Abbottabad website as a separate detailed Annexure at:

http://www.ath.gov.pk

b).	Liquidated Damages / Penalty

i)	Wherein the Supplier entirely fails to complete deliveries as per purchase order and within the stipulated time frame specified in the Schedule of Requirements, 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 any destination, 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 orders. 

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 shall be imposed upon the Supplier. 

vi)	Extension in the delivery period (if any) will be considered by the Purchaser on case to case basis and strictly in accordance with Rule 35(2) of KPRA rules 2014.

c)	Incidental Services 

The bidders are required to either incorporate or quote separately the costs of following incidental services being part of the contract. 

i)	Transportation: Equipment and supplies will be delivered up to the place of installation / final destination by the bidder at his cost and mode of transportation including loading / unloading. 

ii)	Insurance: All insurance charges will be borne by the supplier. 

iii)	Custom Clearance: Equipment and supplies will be cleared (from airport/seaport) customs department by the supplier and charges/duty/taxes if any will be paid by the supplier. 

iv)	Installation: Supplier will install the equipment at the designated place of work, free of charge, give test-run and if required, will impart on job training. 

v)	Test-Run / Commissioning: Equipment will be subjected to test-run after commissioning. 

vi)	Staff Training: Where required, on job training to be provided to working staff on the equipment to be supplied / installed. 

vii)	Initial Maintenance: Supplier will be responsible for initial maintenance of the equipment (repair and parts), for THREE complete years starting from the date of installation/test-run. 

viii)	Availability of Spare Parts and Consumables: Supplier will guaranty through reliable means, acceptable to Purchaser, prompt and easy availability of spare parts & consumables for the period of FIVE years (apart from initial three years as in clause vii above), on reasonable rates. 

ix)	After Sales Service: Supplier will provide free after sales service from trained and qualified technical staff, free of charge for EIGHT complete years (including three years with parts as mentioned above in clause vii), after the date of installation / test-run. 

d)	Warranty 

The supplier / original manufacturer will provide comprehensive warranty (on Judicial Paper) of free after sales service, maintenance, replacement of parts, and working of the equipment for Three years from the date of installation/test-run. Post warranty maintenance contract for another five years, including after sales service with parts, rates (companies to offer percentage (%) of the contract value in the technical bid as mentioned in clause A & B of the evaluation sheet of the bidding document. Warranty and post warranty maintenance contract rate shall be acknowledged from the original manufacturer regardless of change of local authorized dealer.
d)	Additional instructions 
i.	Please clearly indicate the country of origin, wholly or parts, etc. 
ii.	Indicate place/port of shipment. 

iii.	Any state licensing or permission of export/sales/use requirements will be the responsibility of the supplier/manufacturer. Department of Health will not be responsible for any refusal, penalty or delay in this regard. 

iv.	Complete literature on working, installation, circuiting, maintenance to be provided in English language, with the equipment. 

v.	Comprehensive training of working of the equipment and normal /minor repair, trouble-shooting will be arranged by the supplier/ manufacturer, for at least two working staff, (doctor/technician) at the manufacturers location, prior to shipment / installation (for complex and high tech equipment). 

Price Schedule submitted by the Bidder.

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

Purchaser’s Notification of Award

(Copy of the final letter will be attached)

Supply / Purchase Order.

(Specimen Sample of Health Institution/Project Purchase Order)

OFFICE OF THE HOSPITAL DIRECTOR 
AYUB TEACHING HOSPITAL,

ABBOTTABAD

												
1	Purchase Order No									
	Date									
2	Firm Name									
3	Firm’s Address									
4	Firm Contact No									
5	Conditions of the Contract:		As already communicated in the Standard				
					Bidding Document					
6	Particulars of Stores:		As per detail given below					

		Item Name			Unit		Total Cost				
						Price in						
Item			Approved				(PKR)				
					PKR	Quantity					
No.			Specifications				(Inclusive of all				
					(As per						
								duties & taxes				
						contract)						

												

Additional instructions (if any):

1.

2.

3.

Hospital Director 

AYUB Teaching Hospital
Abbottabad

Payment Schedule

(Payment to the Suppliers will be made against satisfactory performance and upon submission of required documents along with report of inspection committee formulated for the purpose. However, if there is any alternate payment schedule, agreed by the Purchaser and Supplier, will be annexed here)

 

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:
⁯: All Items mentioned in the Schedule of Requirements.
3
⁯: Selected Items from the Schedule of Requirements.

List of Selected Items: (In case the Bidder has opted to bid for Selected Items, please type the Serial No4. and the name of the Items selected for Bidding. Use additional Sheets if Required)

S. No.	Name of the Item	

		

		

Signed:
Dated:
Official Stamp:
Attachment:	⁯ Original receipt for the purchase of the bidding documents.
In case a bidder is bidding for only some of the items mentioned in the list Technical Specifications, he is advised to take note of ITB Clauses 7 & 15.6 

3	The Serial No. of the item as mentioned in the Technical Specifications. 

4	The Attachment must be made with the Bid Cover Sheet. 

⁯

 BID FORM 1
Letter of Intention
Bid Ref No.

Date of the Opening of Bids

Name of the Contract :{ Add name e.g items 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]

BID FORM 2
AFFIDAVIT
I/We, the undersigned solemnly state that:

We have read the contents of the Bidding Document and have fully understood it.

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

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

The undersigned are also eligible Bidders within the meaning of Clause 19 of the ITB of the Standard Bidding Documents.

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

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.

The undersigned are not blacklisted or facing debarment from any Government, or its organization or project.

The undersigned has no dispute anywhere in the province regarding supplies.

The undersigned agree to give warranty with repair and parts for 03 years, the firm will be bound to do so in the larger public interest in order to give maximum benefit to the masses by making the equipment/instruments operational for a maximum period of time).

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

Note: The affidavit must be on judicial stamp paper by the Executive of the Firm attested by Oath Commissioner.

BID FORM 3(A)
Name of the Firm
Bid Reference No:
Date of opening of Bid.
Documentary Evidence: Eligibility of the Bidders and Goods (Details to be filled in wherever applicable)

Required Documentation	Checklist6	Relevant Page	Supporting Documents8		
(To Be Filled by the Procuring	(To be initialed	Number7 in the	(To be filled by the Bidder with		
Agency)	by the Bidder	Bid (To be filled by	name of the documents that		
	against each		are submitted to meet the		
		the Bidder)			
	document)		requirement)		
					
Column:1	Column:2	Column:3	Column:4		
Valid Manufacturing					
License					
Valid Registration(s) of					
quoted items					
Valid Drugs Sale					
9					
Valid Import License					
(where applicable)					
Letter of Manufacturer's					
authorization					
Partnership Deed (where					
applicable)					
NTN Certificate					
GST Certificate					
Letter of Intention					
Affidavit					
One year experience					
evidence					
					
Child Labor Free					
Certificate10					
Original Receipt of					
purchase of Bidding					
Documents					
					
6	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. 

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

8Bidders are advised to attach all Supporting documents with this form in the order of the requirement as mentioned in column 1.
9	In case of Sole Agent 

10	Bidders are required to furnish a certificate to the effect that their firm is free from child labor and having standard child labor free policy 

BID FORM 3(B)

MANUFACTURER’S AUTHORISATION11

To:

The Hospital Director, 

AYUB Teaching Hospital, Abbottabad

WHEREAS [name of the Manufacturer] who are established, reputable & Pre-Qualified Manufacturers of [name and/or description of the goods] having factories at [address of factory] do hereby authorize [name and address of Supplier/ Agent] to submit a bid, and subsequently negotiate and sign the Contract with you against the Invitation for Bids (IFB) No. [Reference of the Invitation to Bid] for the goods manufactured by us.

We hereby extend our full guarantee and warranty as per Clause 15 of the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Bids.

Signature:--------------------------------------.

Designation:--------------------------------------

Official Stamp:-----------------------------------

11 This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent and having the power of attorney to bind the Manufacturer. It should be included by the Bidder in its bid.

BID FORM 4

Firm’s Past Performance12.
Name of the Firm:

Bid Reference No:

Date of opening of Bid:

Assessment Period: (One Year as per Evaluation Criteria)

Name of the	Purchase	Description	Value	Date of	Purchaser’s13	
Purchaser/Institution	Order No.	Of Order	of	Completion	Certificate	
				Order			

							

12	Bidders may use additional Sheets if required. 

13	All certificates are to be attached with this form. 

BID FORM 5
Price Schedule

(To be provided to the Procuring Entity)

User Note: This form is to be filled by the Bidder and shall submit with Financial Bid to the Office of the Hospital Director AYUB Teaching Hospital, Abbottabad..

Name of the Firm:

Bid.Ref.No:

Date of opening of Bid.
S.	Name of the	Unit Price	No. of	Total	Discounts	Final Total	
No.	Item	(inclusive	Units	Price	(if any)	Price	
		all				(Inclusive of	
		applicable				all taxes)	
		taxes)					
1	2	3	4	5	6	7	
				3*4		5-6	
1							
2							
		TOTAL				

Signature: -------------------------------------------------

Designation: ------------------------------------------------
Date: ------------------------------------------------

Official Stamp: ------------------------------------------

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 10% 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_________, 2014

Signature and Seal of the Guarantors/ Bank

Address
Date

CONTRACT AGREEMENT

THIS CONTRACT is made at on day of 20___, between The Hospital Director AYUB Teaching Hospital, Abbottabad,

(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 Agent of (item name) in Pakistan and ancillary services offered to supply the required item (s); and Whereas, the Purchaser has accepted the bid by the Supplier;

NOW THE PARTIES TO THIS CONTRACT AGREE TO THE FOLLOWING;

3.	The Contract: The following documents shall be deemed to form and be read and construed as integral part of this Contract , viz:- 
a.	Bid Data Sheet (BDS) 
b.	Instructions to Bidders (ITB). 
c.	General Conditions of Contract (GCC) 
d.	Special Conditions of Contract (SCC) 
e.	Schedule of Requirements. 
i)	Supply Schedule 
f.	Technical Specifications. 
g.	Price Schedule submitted by the Bidder. 
h.	Purchaser’s Notification of Award. 
i.	Purchase Order. 
j.	Performance Security 
k.	List of Bio-Medical Equipment & Hospital supplies 

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.	Term of the Contract: This contract shall remain valid for [ Duration ] 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 the Government of Khyber Pakhtunkhwa or any administrative subdivision or agency thereof or any other entity owned or by it (Government of Khyber Pakhtunkhwa) through any corrupt business practice. 

ii.	Without limiting the generality of the foregoing, [the Seller/ 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 Khyber Pakhtunkhwa, 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 Khyber Pakhtunkhwa 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 under the Arbitration Act 

of 1940 (As amended from time to time).

5.	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 Specifications (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. 

6- 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 Specifications 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. 

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

8.	Payment Schedule: All payments to the Supplier shall be made in accordance with the SCC & agreed Payment Schedule at Annex: F of Part-II: Section-III of the Standard Bidding Documents, upon satisfactory completion of delivery and fulfillment of documentary and Codal formalities highlighted in the Payment Schedule. 

9.	Performance Guarantee: (i) The Supplier, within 07 days upon the receipt of Purchase Order and upon signing the Unit Rate Contract (selected items as mentioned in the Contract in annexure) shall provide to the Purchaser a Performance Security equivalent to 10% of the total Contract amount on the prescribed format (Bank Guarantee) and in prescribed manner. This Performance Guarantee 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 in accordance with sub-clause (i) above. 

iii)	Failure to submit a Performance Guarantee shall result into forfeiture of Bid Security and Cancellation of Contract. 

10.	Penalties/ Liquidated Damages. 

i)	Wherein the Supplier fails to make deliveries as per purchase order and within the stipulated time frame specified in the Schedule of Requirement, the Contract to the extent of 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 un–delivered portion of supplies shall be forfeited. 

iii)	If the Supplier fails to supply the whole consignment and not able to deliver to any district, the entire amount of Performance Guaranty/ Security shall be forfeited to the Government account and the firm shall be debarred 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 orders. 

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 shall be imposed upon the Supplier. 
VI)	The raw material source and grade be clearly shown and accordingly the
same be used in all supplies; if found changed anywhere in supply of the
same product, the firm/supplier will be liable for black-listing for all its

products and forfeiting all its call deposits and performance guarantees

VII)	The rate offered should be less than/equal to any where quoted in same
financial year. If any where quoted less, the firm/supplier will be liable for
black-listing  for  all  its  products  and  forfeiting  all  its  call  deposits  and

performance guarantees

VIII) The health department buying units and the manufacturers / suppliers are bound to make sure the receipt of copy of Supply Order to the Health Directorate General Peshawar for consolidation of total supplies along with amount in PKR issued.

Those who did not fulfill the above criteria’s are liable to be proceeded against and be black listed

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

For the Purchaser:

Office of the Hospital Director Ayub Teaching Hospital, Mansehra Road, Abbottabad

Telephone(s):	0992-380412
Facsimile:	0992-381907-14

Email:	proayubteachinghospital@gmail.com 
Website:	http://www.ath.gov.pk

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 Purchaser.

Signature:	____________________________
Name:	____________________________
Designation: ____________________________

Signed/ Sealed: For the Manufacturer/ Authorized Agent.

Signature:	__________________________________
Name:	___________________________________
Designation:	__________________________________
Witnesses: