Tender for Lab Medical Supplies
Tender for Lab Medical Supplies
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STANDARD BIDDING DOCUMENT
Procurement of Therapeutic Goods
(Pharmaceuticals)
(Single Stage Two Envelop Procedure)
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HEAVY INDUSTRIES TAXILA
TENDER NOTICE
Date: 24 October 2024
1. Sealed tenders are invited from reputed firms possessing NTN Certificates for supply of under
mentioned items. Procurement will be carried out in the light of PPRA and MoDP rules: -
Tender Nomenclature A/U Qty
Delivery Last date of Date and time of Tender
No Period Collection of Submission Opening
Tender
Documents
IT-3034 Procurement of Details at Section E of No physical 11 November 11 November
Items for Lab this tender collection 2024 at 10:30 2024 at 11:00
Department involved AM AM
(information
available on
PPRA and HIT
website)
2. Bidder must submit the following document along with check list at time of submission of
tender: -
b. HIT Hospital
Tel: (051) 9315333 Ext 66180
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TABLE OF CONTENT
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PART- I
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SECTION - A
HEAVY INDUSTRIES TAXILA
1. This Invitation to Tender (IT) / Invitation to Bid (ITB) follows the Procurement Notice (PN) or
Procurement Advertisement (PA) for the subject procurement which will also appear in 2 x
newspaper (1 x English and 1 x URDU) on _________________2024.
2. Heavy Industries Taxila invites sealed bids from eligible Suppliers for the provision of Medical
Store items for Lab Department. The complete original bid (technical & commercial) along with
one additional photocopy of technical bid, properly filled in, and enclosed in sealed
envelope(s) must be delivered as under: -
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3. All bids must be accompanied by a Bid Security / Earnest Money in the form of Call Deposit
Receipt (CDR), Bank Draft (BD) or Pay Order (PO) in favour of Director Procurement, Heavy
Industries, Taxila as per the instructions provided in this Tender.
4. Firms shall nominate a Lead Member / authorized representative, on the firm’s letterhead, with
authority to conduct all business for and on behalf of the firms during the bidding process, and
in case of award of contract, during the execution of contract.
Yours faithfully,
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SECTION - B
INSTRUCTION TO BIDDERS (ITBs)
INTRODUCTION
a. Scope of Bid 1.1 The Procurement Directorate, as indicated in the Bid Data Sheet (BDS)
invites Bids for the supply of Therapeutic Goods (Pharmaceuticals) and
related services incidental thereto as specified in the BDS described in
Section E - Technical Specifications & Schedule of Requirements. The
Name, Identification and Number of Lots (contracts) of the procurement are
specified in BDS.
1.2 The successful Bidders will be expected to supply the Therapeutic Goods
(Pharmaceuticals) within the specified period and timeline(s) as stated in the
BDS.
b. Source of Funds 2.1 Source of funds is referred in Clause-2 of Invitation for Bids.
c. Eligible Bidders 3.1 A Bidder may be natural person, company or firm or public or semi-public
agency of Pakistan or any foreign country, or any combination of them with
a formal existing agreement (on Judicial Papers) in the form of a joint
venture, consortium, or association. In the case of a joint venture,
consortium, or association, all members shall be jointly and severally liable
for the execution of the Contract in accordance with the terms and conditions
of the Contract. The joint venture, consortium, or association shall nominate
a Lead Member as nominated in the BDS, who shall have the authority to
conduct all business for and on behalf of any and all the members of the
joint venture, consortium, or association during the Bidding process, and in
case of award of contract, during the execution of contract.
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3.5 The invitation for Bids is open to all prospective supplier, manufacturers or
authorized agents/dealers subject to any provisions of incorporation or
licensing by the respective national incorporating agency or statutory body
established for that particular trade or business.
3.6 . Foreign Bidders must satisfy all relevant licensing/or registration
requirement with the appropriate national incorporating body or the statutory
body, before participating in the national/international competitive Bidding
with the exception of such procurements made by the foreign missions of
Pakistan. For such purpose the bidder must have to initiate the registration
process before the bid submission and the necessary evidence shall be
submitted to the Procurement Directorate along with their bid,
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3.8 A Bidder may be ineligible if –
(a) he is declared bankrupt or, in the case of company or firm, insolvent;
(b) payments in favor of the Bidder is suspended in accordance with the
judgment of a court of law other than a judgment declaring bankruptcy
and resulting (in accordance with the national laws) in the total or partial
loss of the right to administer and dispose of its property;
(c) legal proceedings are instituted against such Bidder involving an order
suspending payments and which may result, in accordance with the
national laws, in a declaration of bankruptcy or in any other situation
entailing the total or partial loss of the right to administer and dispose
of the property;
(d) the Bidder is convicted, by a final judgment, of any offence involving
professional conduct;
(e) the Bidder is blacklisted and hence debarred due to involvement in
corrupt and fraudulent practices, or performance failure or due to
breach of bid securing declaration.
(f) The firm, supplier and contractor is blacklisted or debarred by a foreign
country, international organization, or other foreign institutions for the
period defined by them.
3.9 Bidders shall provide to the Procurement Directorate evidence of their
eligibility, proof of compliance with the necessary legal, technical and
financial requirements and there capability and, adequacy of resources to
carry out the contract effectively.
3.10 Bidders shall provide such evidence of their continued eligibility to the
satisfaction of the Procurement Directorate, as the Procurement Directorate
shall reasonably request.
3.11 Bidders shall submit proposals relating to the nature, conditions and
modalities of sub-contracting wherever the sub-contracting of any elements
of the contract amounting to the more than ten (10) percent of the Bid price
is envisaged.
3.12 Firms/companies/suppliers/dealers duly registered with relevant tax and
other registration authorities required under Federal Government’s rules,
laws, statutes or relevant instructions;
3.13 The Importer/Agent/distributor/supplier must possess valid authorization
from the Manufacturer. The authorization certificate must be attested.
However, in case of Manufacturer, they should have a documentary proof
as prescribed in the Bid Form
d. Eligible 4.1 All therapeutic goods (Pharmaceuticals) and related services to be supplied
Therapeutic under the contract shall have their origin in eligible source countries, and all
Goods expenditures made under the contract will be limited to such Therapeutic
(Pharmaceutical goods and services. For purpose of this Bid, ineligible countries are stated
s) and Related in the section-D titled as “Eligible Countries”.
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Services 4.2 For purposes of this Clause, “origin” means the place where the goods are
mined, grown, cultivated, produced, manufactured, or processed, or through
manufacture, procession, or assembly, another commercially recognized
article results that differs substantially in its basic characteristics from its
imported components or the place from where the related services are/to be
supplied.
4.3 The nationality of the supplier that supplies, assembles, distributes, or sells
the Therapeutic Goods and services shall not determine the origin of the
goods.
4.4 To establish the eligibility of the therapeutic Goods and the related services,
Bidders shall fill the country of origin declarations included in the Form of
Bid.
4.5 If so required in the BDS, the Bidder shall demonstrate that it has been duly
authorized by the manufacturer of the goods to deliver in Pakistan (or in
respective country in case of procurement by the Pakistani Missions
abroad), the therapeutic goods indicated in its Bid.
4.6 All Therapeutic Goods and related services to be supplied under the contract
shall conform to the policies of the Government of Pakistan in vogue. All
expenditures made under the contract shall be limited to such Therapeutic
Goods and services. For purposes of this clause, (a) the term.
4.7 For the purposes of this Clause, the term “Therapeutic Goods” includes Drug
or alternative medicine or medical devices or biological or other related
product as may be notified by Drug Regulatory Authority of Pakistan. , and
“related services” includes services such as insurance, Transportation port
releases, installation, training and initial maintenance and after sales
services.
e. One Bid per 5.1 A bidder shall submit only one Bid, in the same bidding process, either
Bidder individually as a Bidder or as a member in a joint venture or any similar
arrangement.
5.2 No bidder can be a sub-contractor while submitting a Bid individually or as a
member of a joint venture in the same Bidding process.
5.3 A person or a firm cannot be a sub-contractor with more than one bidder in
the same bidding process.
f. Cost of Bidding 6.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Procurement Directorate shall in no case be
responsible or liable for those costs, regardless of the conduct or outcome
of the bidding process.
g. Bidding for 7.1 A Bidder, if he so chooses, can bid for selective items from the list of
Selective Items Therapeutic Goods provided for in the Schedule of Requirements. A Bidder
is also at a liberty to bid for all the Therapeutic 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 as required
in the schedule of requirement.
BIDDING DOCUMENTS
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h. Contents of 8.1 The therapeutic goods required, bidding procedures, and terms and
Bidding conditions of the contract are prescribed in the Bidding Documents. In
Documents addition to the Invitation to Bids, the Bidding Documents which should be
read in conjunction with any addenda issued in accordance with ITB 10.2
include:
Section A Invitation to Bids
Section B Instructions to Bidders (ITBs)
Section C Bid Data Sheet (BDS)
Section D Eligible Countries
Section E Technical Specifications, Schedule of Requirements
Section F Evaluation and Qualification Criteria
Section G Standard Forms
Section H General Conditions of Contract (GCC)
Section I Special Conditions of Contract (SCC)
Section J Contract Forms
8.2 The 02 x copies to be completed and returned with the Bid is specified in the
BDS.
8.3 The Procurement Directorate is not responsible for the completeness of the
Bidding Documents and their addenda, if they were not obtained directly
from the Procurement Directorate or the signed pdf version downloaded from
the website of the Heavy Industries Taxila and PPRA website. However,
Procurement Directorate shall place both the pdf and same editable version
to facilitate the bidder for filling the forms.
8.4. The Bidder is expected to examine all instructions, forms, terms and
specifications in the Bidding Documents. Failure to furnish all the information
required in the Bidding Documents will be at the Bidder’s risk and may result
in the rejection of his Bid.
i. Clarification of 9.1 A prospective Bidder requiring any clarification of the Bidding Documents
Bidding may notify the Procurement Directorate in writing or in electronic form that
Documents provides record of the content of communication at the Procurement
Directorate's address indicated in the BDS.
9.2 The Procurement Directorate will within three (3) working days after
receiving the request for clarification, respond in writing or in electronic form
to any request for clarification provided that such request is received not later
than three (03) days prior to the deadline for the submission of Bids as
prescribed in ITB 23.1. However, this clause shall not apply in case of
alternate methods of Procurement.
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9.4 Should the Procurement Directorate deem it necessary to amend the Bidding
Documents as a result of a clarification, it shall do so following the procedure
under ITB 10.
9.5 If indicated in the BDS, the Bidder’s designated representative is invited at
the Bidder’s cost to attend a pre-Bid meeting at the place, date and time
mentioned in the BDS. During this pre-Bid meeting, prospective Bidders may
request clarification of the schedule of requirement, the Evaluation Criteria
or any other aspects of the Bidding Documents.
9.6 Minutes of the pre-Bid meeting, if applicable, including the text of the
questions asked by Bidders, including those during the meeting (without
identifying the source) and the responses given, together with any responses
prepared after the meeting will be transmitted promptly to all prospective
Bidders who have obtained the Bidding Documents. Any modification to the
Bidding Documents that may become necessary as a result of the pre-Bid
meeting shall be made by the Procurement Directorate exclusively through
the use of an Addendum pursuant to ITB 10. Nonattendance at the pre-Bid
meeting will not be a cause for disqualification of a Bidder.
j. Amendment of 10.1 Before the deadline for submission of Bids, the Procurement Directorate for
Bidding any reason, whether at its own initiative or in response to a clarification
Documents requested by a prospective Bidder or pre-Bid meeting may modify the
Bidding Documents by issuing addenda.
10.2 Any addendum issued including the notice of any extension of the deadline
shall be part of the Bidding Documents pursuant to ITB 8.1 and shall be
communicated in writing or in any identified electronic form that provide
record of the content of communication to all the bidders who have obtained
the Bidding Documents from the Procurement Directorate. The Procurement
Directorate shall promptly publish the Addendum at the
Procurement Directorate’s web page identified in the BDS:
Provided that the bidder who had either already submitted their bid or
handed over the bid to the courier prior to the issuance of any such
addendum shall have the right to withdraw his already filed bid and submit
the revised bid prior to the original or extended bid submission deadline.
10.3 To give prospective Bidders reasonable time in which to take an
addendum/corrigendum into account in preparing their Bids, the
Procurement Directorate may, at its discretion, extend the deadline for the
submission of Bids:
Provided that the Procurement Directorate shall extend the deadline for
submission of Bid, if such an addendum is issued within last three (03) days
of the Bid submission deadline.
PREPARATION OF BIDS
k. Language of Bid 11.1 The Bid prepared by the Bidder, as well as all correspondence and
documents relating to the Bid exchanged by the Bidder and the
Procurement Directorate shall either be in Urdu or English or both.
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11.2 Where the use of local language is found essential, the original
documentation shall be in Urdu or English, which shall be retained on record;
for all other purposes their translations in local language shall be used:
Provided that such use of local language ensures maximum economy and
efficiency in the procurement.
11.3 In case of Dispute reference shall be made to the original documentation
retained on the record.
l. Documents and 12.1 The Bid prepared by the Bidder shall constitute the following components: -
Sample(s) (a) Form of Bid and Bid Prices completed in accordance with ITB 15 and
Constituting the 16;
Bid (b) Details of the Sample(s) where applicable and requested in the BDS.
(c) Documentary evidence established in accordance with ITB 14 that the
Bidder is eligible and/or qualified for the subject bidding process;
(d) Documentary evidence established in accordance with ITB 14.3(a) that
the Bidder has been authorized by the manufacturer to deliver the
therapeutic goods into Pakistan, where required and where the supplier
is not the manufacturer of those therapeutic goods;
(e) Documentary evidence established in accordance with ITB 13 that the
goods and related services to be supplied by the Bidder are eligible
therapeutic goods and services, and conform to the Bidding Documents;
(f) Documentary evidence of manufacturing license
and GMP
certificates;
(g) Quality Control Procedures;
(h) Capacity of the Manufacturer;
(i) Bid security or Bid Securing Declaration furnished in accordance with
ITB 19;
(j) Duly Notarized Power of Attorney authorizing the signatory of the Bidder
to submit the bid; and
(k) Any other document required in the BDS.
12.2 Where a sample(s) is required by a Procurement Directorate, the sample shall
be:
(a) submitted as part of the bid, in the quantities, dimensions and other
details requested in the BDS;
(b) carriage paid;
(c) received on, or before, the closing time and date for the submission of
bids; and
(d) evaluated to determine compliance with all characteristics listed in the
BDS.
12.3 The Procurement Directorate shall retain the sample(s) of the successful
Bidder. A Procurement Directorate shall reject the Bid if the sample(s)-
(a) do(es) not conform to all characteristics prescribed in the bidding
documents; and
(b) is/are not submitted within the specified time clearly mentioned in the
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12.4 Where it is not possible to avoid using a propriety article as a sample, a
Bidder shall make it clear that the propriety article is displayed only as an
example of the type or quality of the therapeutic goods being Bided for, and
that competition shall not thereby be limited to the extent of that article only.
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satisfaction that the substitutions ensure substantial equivalence to those
designated in the Technical Specifications.
13.6 The required documents and other accompanying documents must be in
English. In case any other language than English is used the pertinent
translation into English shall be attached to the original version.
n. Documents 14.1 Pursuant to ITB 12, the Bidder shall furnish, as part of its Bid, all those
Establishing documents establishing the Bidder’s eligibility to participate in the bidding
Eligibility and process and/or its qualification to perform the contract if its Bid is accepted.
Qualification of 14.2 The documentary evidence of the Bidder’s eligibility to Bid shall establish to
the Bidder the satisfaction of the Procurement Directorate that the Bidder, at the time of
submission of its bid, is from an eligible country as defined in Section-4 titled
as “Eligible Countries”.
14.3 The documentary evidence of the Bidder’s qualifications to perform the
contract if its Bid is accepted shall establish to the satisfaction of
Procurement Directorate that:
(a) in the case of a Bidder offering to deliver goods under the contract which
the Bidder did not manufacture or otherwise produce, the Bidder has
been duly authorized by the therapeutic goods’ Manufacturer or producer
to deliver the goods in Pakistan;
(b) the Bidder has the financial, technical, and supply/production capability
necessary to perform the Contract, meets the qualification criteria
specified in BDS.
(c) in the case of a Bidder not doing business within Pakistan, the Bidder is
or will be (if awarded the contract) represented by an Agent in Pakistan
equipped, and able to carry out the Supplier’s obligations prescribed in
the Conditions of Contract and/or Technical Specifications.
(d) that the Bidder meets the qualification criteria listed in the Bid Data
Sheet.
o. Form of Bid 15.1 The Bidder shall fill the Form of Bid furnished in the Bidding Documents. The
Bid Form must be completed without any alterations to its format and no
substitute shall be accepted.
p. Bid Prices 16.1 The Bid Prices quoted by the Bidder in the Form of Bid and in the Price
Schedules shall conform to the requirements specified below in ITB Clause
16 or exclusively mentioned hereafter in the bidding documents.
16.2 All items in the Statement of Work must be listed and priced separately in
the Price Schedule(s). If a Price Schedule shows items listed but not priced,
their prices shall be construed to be included in the prices of other items.
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16.3 Items not listed in the Price Schedule shall be assumed not to be included
in the Bid, and provided that the Bid is still substantially responsive in their
absence or due to their nominal nature, the corresponding average price of
the respective item(s) of the remaining substantially responsive bidder(s)
shall be construed to be the price of those missing item(s):
Provided that:
(a) where there is only one (substantially) responsive bidder, or
(b) where there is provision for alternate proposals and the respective
items are not listed in the other bids, the Procurement Directorate may fix
the price of missing items in
accordance with market survey, and the same shall be considered as final
price.
16.4 The Bid price to be quoted in the Form of Bid in accordance with ITB 16.1
shall be the total price of the Bid.
16.5 The Bidder shall indicate on the appropriate Price Schedule, the unit prices
(where applicable) and total Bid price of the therapeutic goods it proposes to
deliver under the contract.
16.6 Prices indicated on the Price Schedule shall be entered separately in the
following manner:
(a) For therapeutic goods manufactured from within Pakistan (or within the
country where procurement is being done in case of foreign missions
abroad):
(1) The price of the therapeutic goods quoted EXW (ex-works,
exfactory, ex-warehouse, ex-showroom, or off-the-shelf, as
applicable), including all customs duties and sales and other taxes
already paid or payable:
i. on the components and raw material used in the
manufacturing or assembly of goods quoted ex- works or
exfactory; or
ii. on the previously imported goods of foreign origin quoted
exwarehouse, ex-showroom, or off-the-shelf.
(2) All applicable taxes which will be payable on the therapeutic goods
if the contract is awarded.
(3) The price for inland transportation, insurance, and other local costs
incidental to delivery of the therapeutic goods to their final
destination, if specified in the BDS.
(4) The price of other (incidental or allied) services, if any, listed in the
BDS.
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16.7 Prices proposed on the Price Schedule for therapeutic goods and related
services shall be disaggregated, where appropriate as indicated in this
Clause. This desegregation shall be solely for the purpose of facilitating the
comparison of Bids by the Procurement Directorate. This, shall not in any
way limit the Procurement Directorate’s right to contract on any of the terms
and conditions offered: - (a) For Therapeutic Goods: -
(1) the price of the therapeutic Goods, quoted as per applicable
INCOTERMS as specified in the BDS
(2) all customs duties, sales tax, and other taxes applicable on
therapeutic goods or on the components and raw materials used in
their manufacture or assembly, if the contract is awarded to the
Bidder, and
(b) For Related Services
(1) The price of the related services, and
(2) All customs duties, sales tax and other taxes applicable in Pakistan,
paid or payable, on the related services, if the contract is awarded
to the Bidder.
16.8 Prices quoted by the Bidder shall be fixed during the Bidder’s performance
of the contract and not subject to variation on any account. A Bid submitted
with an adjustable price will be treated as non-responsive and shall be
rejected, pursuant to ITB 28.
16.9 If so indicated in the Invitation to Bids and Instructions to Bidders, that Bids
are being invited for individual contracts (Lots) or for any combination of
contracts (packages), Bidders wishing to offer any price reduction for the
award of more than one contract shall specify in their Bid the price reductions
applicable to each package, or alternatively, to individual contracts (Lots)
within a package.
q. Bid Currencies 17.1 Prices shall be quoted in the following currencies:
(a) For therapeutic goods and services that the Bidder will deliver from within
Pakistan, the prices shall be quoted in Pakistani Rupees, unless
otherwise specified in the BDS.
(b) For therapeutic goods and related services that the Bidder will deliver
from outside Pakistan, or for imported parts or components of goods and
related services originating outside Pakistan, the Bid prices shall be
quoted in any freely convertible currency of another country. If the Bidder
wishes to be paid in a combination of amounts in different currencies, it
may quote its price accordingly but use no more than three foreign
currencies.
17.2 For the purposes of comparison of bids quoted in different currencies, the
price shall be converted into a single currency specified in the bidding
documents. The rate of exchange shall be the selling rate, prevailing on the
date of opening of (financial part of) bids specified in the bidding documents,
as notified by the State Bank of Pakistan on that day. Currency of the
contract shall be as described in the BDS.
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17.3 Bidders shall indicate details of their expected foreign currency
requirements in the Bid.
17.4 Bidders may be required by the Procurement Directorate to clarify their
foreign currency requirements and to substantiate that the amounts included
in Lump Sum and in the SCC are reasonable and responsive to ITB 17.1.
r. Bid Validity 18.1 Bids shall remain valid for the period specified in the BDS after the Bid
Period submission deadline prescribed by the Procurement Directorate. A Bid valid
for a shorter period shall be rejected by the Procurement Directorate as non-
responsive. The period of Bid validity will be determined from the
complementary bid securing instrument i.e. the expiry period of bid security
or bid securing declaration as the case may be.
18.2 Under exceptional circumstances, prior to the expiration of the initial Bid
validity period, the Procurement Directorate may request the Bidders’
consent to an extension of the period of validity of their Bids only once, for
the period not more than the period of initial bid validity. The request and the
Bidders responses shall be made in writing or in electronic forms that provide
record of the content of communication. The Bid Security provided under
ITB 19 shall also be suitably extended. A Bidder may refuse the request
without forfeiting its Bid security or causing to be executed its Bid
Securing Declaration. A Bidder agreeing to the request will not be required
nor permitted to modify its Bid, but will be required to extend the validity of
its Bid Security or Bid Securing Declaration for the period of the extension,
and in compliance with ITB 19 in all respects.
18.3 If the award is delayed by a period exceeding sixty (60) days beyond the
expiry of the initial Bid validity period, the contract price may be adjusted by
a factor specified in the request for extension. However, the Bid evaluation
shall be based on the already quoted Bid Price without taking into
consideration on the above correction.
s. Bid Security or 19.1 Pursuant to ITB 12, unless otherwise specified in the BDS, the Bidder shall
Bid Securing furnish as part of its Bid, a Bid Security in form of fixed amount not exceeding
Declaration five percent of the estimated value of procurement determined by the
Procurement Directorate and in the amount and currency specified in the
BDS or Bid Securing Declaration as specified in the BDS in the format
provided in Section - G (Standard Forms).
19.2 The Bid Security or Bid Securing Declaration is required to protect the
Procurement Directorate against the risk of Bidder’s conduct which would
warrant the security’s forfeiture, pursuant to ITB 19.9.
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19.3 The Bid Security shall be denominated in the local currency or in another
freely convertible currency, and it shall be in the form specified in the BDS
which shall be in any of the following:
(a) A bank guarantee, an irrevocable letter of credit issued by a
Scheduled bank in the form provided in the Bidding Documents or
another form acceptable to the Procurement Directorate and valid for
twenty-eight (28) days beyond the end of the validity of the Bid. This
shall also apply if the period for Bid Validity is extended. In either
case, the form must include the complete name of the Bidder;
(b) A Call deposit receipt or cash deposit receipt (CDR)
(c) Another security if indicated in the BDS
19.4 The Bid Security or Bid Securing Declaration shall be in accordance with the
Form of the Bid Security or Bid Securing Declaration included in Section - G
(Standard Forms) or another form approved by the
Procurement Directorate prior to the Bid submission.
19.5 The Bid Security shall be payable promptly upon written demand by the
Procurement Directorate in case any of the conditions listed in ITB 19.9 are
invoked.
19.6 Any Bid not accompanied by a Bid Security or Bid Securing Declaration in
accordance with ITB 19.1 or 19.3 shall be rejected by the Procurement
Directorate as non-responsive, pursuant to ITB 29.
19.7 Unsuccessful Bidders’ Bid Security will be discharged or returned as
promptly as possible, however in no case later than thirty (30) days after the
expiration of the period of Bid Validity prescribed by the Procurement
Directorate pursuant to ITB-18. The Procurement Directorate shall make no
claim to the amount of the Bid Security, and shall promptly return the Bid
Security document, after whichever of the following that occurs earliest:
(a) the expiry of the Bid Security;
(b) the entry into force of a procurement contract and the provision of a
performance security (or guarantee), for the performance of the
contract if such a security (or guarantee), is required by the Biding
documents;
(c) the rejection by the Procurement Directorate of all Bids;
(d) the withdrawal of the Bid prior to the deadline for the submission of
Bids, unless the Biding documents stipulate that no such withdrawal
is permitted.
19.8 The successful Bidder’s Bid Security will be discharged upon the Bidder
signing the contract pursuant to ITB 42, or furnishing the performance
security (or guarantee), pursuant to ITB 43.
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19.9 The Bid Security may be forfeited or the Bid Securing Declaration executed:
(a) if a Bidder:
(1) Withdraws its Bid during the period of Bid Validity as specified by
the Procurement Directorate, and referred by the bidder on the
Form of Bid except as provided for in ITB 18.2; or
(2) does not accept the correction of errors pursuant to ITB 31.3; or (b)
In the case of a successful Bidder, if the Bidder fails:
(1) To sign the contract in accordance with ITB 42; or
(2) To furnish performance security (or guarantee) in accordance with
ITB 43.
t. Alternative Bids 20.1 Bidders shall submit offers that comply with the requirements of the Bidding
by Bidders Documents, including the basic Bidder’s technical design as indicated in the
specifications and Schedule of Requirements. Alternatives will not be
considered, unless specifically allowed for in the BDS. If so allowed, ITB 20.2
shall prevail.
20.2 When alternative schedule for delivery of goods is explicitly invited, a
statement of that effect will be included in the BDS as will the method for
evaluating different schedule for delivery of goods.
20.3 If so allowed in the BDS, Bidders wishing to offer technical alternatives to the
requirements of the Bidding Documents must also submit a Bid that complies
with the requirements of the Bidding Documents, including the basic
technical design as indicated in the specifications. In addition to submitting
the basic Bid, the Bidder shall provide all information necessary for a
complete evaluation of the alternative by the Procurement Directorate,
including technical specifications, breakdown of prices, and other relevant
details. Only the technical alternatives, if any, of the Most Advantageous
Bidder conforming to the basic technical requirements (without altering the
bid price) shall be considered by the Procurement Directorate.
u. Bid Security 21.1 Bid security submitted shall be valid for a period specified in the BDS
Validity
v. Format and 22.1 The Bidder shall prepare an original and the 2 x copies of the Bid as indicated
Signing of Bid in the BDS, clearly marking each “ORIGINAL” and “COPY,” as appropriate.
In the event of any discrepancy between them, the original shall prevail:
22.2 The original and the copy or copies of the Bid shall be typed or written in
indelible ink and shall be signed by the Bidder or a person or persons duly
authorized to sign on behalf of the Bidder. This authorization shall consist
of a written confirmation as specified in the BDS and shall be attached to the
Bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages of the
Bid, except for un-amended printed literature, shall be initialed by the person
or persons signing the Bid.
22.3 Any interlineations, erasures, or overwriting shall be valid only if they are
signed by the person or persons signing the Bidder.
SUBMISSION OF BIDS
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w. Sealing and 23.1 In case of Single Stage Two Envelope Procedure, The Bid shall comprise
Marking of Bids two envelopes submitted simultaneously, one called the Technical Proposal
and the other Financial Proposal. Both envelopes to be enclosed together
in an outer single envelope called the Bid. Each Bidder shall submit his bid
as under:
(a) Bidder shall submit his TECHNICAL PROPOSAL and FINANCIAL
PROPOSAL in separate inner envelopes and enclosed in a single outer
envelope.
(b) ORIGINAL and each copy of the Bid shall be separately sealed and put
in separate envelopes and marked as such.
(c) The envelopes containing the ORIGINAL and copies will be put in one
sealed envelope and addressed / identified as given in Sub- Clause
22.2.
23.2 The inner and outer envelopes shall:
(a) Be addressed to the Gate no 5 Heavy Industries Taxila at the address
provided in the Bidding Data;
(b) Bear the name and identification number of the contract as defined in
the Bidding Data; and provide a warning not to open before the time and
date for bid opening, as specified in the Bidding Data pursuant to ITB
24.1.
(c) In addition to the identification required in Sub- Clause 22.2 hereof, the
inner envelope shall indicate the name and address of the bidder to
enable the bid to be returned unopened in case it is declared “late”
pursuant to Clause IB.25
23.3 If all envelopes are not sealed and marked as required by ITB 23.2, ITB
23.3 and ITB 23.4 or incorrectly marked, the Procurement Directorate will
assume no responsibility for the misplacement or premature opening of Bid.
x. Deadline for 24.1 Bids shall be received by the Procurement Directorate no later than the date
Submission of and time specified in the BDS.
Bids 24.2 The Procurement Directorate may, in exceptional circumstances and at its
discretion, extend the deadline for the submission of Bids by amending the
Bidding Documents in accordance with ITB 10, in which case all rights and
obligations of the Procurement Directorate and Bidders previously subject
to the deadline will thereafter be subject to the new deadline.
y. Late Bids 25.1 The Procurement Directorate shall not consider for evaluation any Bid that
arrives after the deadline for submission of Bids, in accordance with ITB 24.
25.2 Any Bid received by the Procurement Directorate after the deadline for
submission of Bids shall be declared late, recorded, rejected and returned
unopened to the Bidder.
z. Modification, 26.1 A Bidder may modify or substitute or withdraw its Bid after it has been
Substitution and submitted, provided that written notice of the modification, substitution or
Withdrawal of withdrawal of the Bid, is received by the Procurement Directorate prior to
Bids the deadline for submission of Bids.
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26.2 The Bidder modification, substitution or withdrawal notice shall be prepared,
sealed, marked, and dispatched with the outer and inner envelopes
additionally marked “MODIFICATION” “SUBSTITUTION” or
“WITHDRAWAL” as appropriate. The notice may also be sent postmarked
no later than the deadline for submission of Bids.
26.3 Bids may only be modified by withdrawal of the original Bids and submission
of a replacement Bids. Modifications submitted in any other way shall not
be taken into account in the evaluation of bids.
26.4 No Bids may be withdrawn, replaced or modified in the interval between the
deadline for submission of Bids and the expiration of the period of Bid
validity specified by the Bidder on the Form of Bid. Withdrawal of a Bid
during this interval shall result in the Bidder forfeiture of its Bid security or
execution of the Bid Securing Declaration
OPENING AND EVALUATION OF BIDS
aa. Opening of 27.1 The Procurement Directorate will open all Bids, in public, in the presence of
Bids Bidders’ or their representatives who choose to attend, and other parties
with a legitimate interest in the Bid proceedings at the place, on the date
and at the time, specified in the BDS. The Bidders’ representatives present
shall sign a Index Sheet as proof of their attendance.
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and
the envelope with the corresponding bid shall not be opened, but returned
to the Bidder. No bid withdrawal shall be permitted unless the corresponding
Withdrawal Notice contains a valid authorization to request the withdrawal
and is read out at bid opening.
27.3 Second, outer envelopes marked “SUBSTITUTION” shall be opened. The
inner envelopes containing the Substitution Bid shall be exchanged for the
corresponding Original Bid being substituted, which is to be returned to the
Bidder unopened. No envelope shall be substituted unless the
corresponding Substitution Notice contains a valid authorization to request
the substitution and is read out and recorded at bid opening.
27.4 Next, outer envelopes marked “MODIFICATION” shall be opened. No
Technical Proposal and/or Financial Proposal shall be modified unless the
corresponding Modification Notice contains a valid authorization to request
the modification and is read out and recorded at the opening of the Bids.
Any Modification shall be read out along with the Original Bid except in case
of Single Stage Two Envelope Procedure where only the Technical
Proposal, both Original as well as Modification, are to be opened, read out,
and recorded at the opening. Financial Proposal, both Original and
Modification, will remain unopened till the prescribed financial bid opening
date.
27.5 In case of Single Stage Two Envelope Procedure, the Board of Officers will
open the Technical Proposals in public at the address, date and time
specified in the BDS in the presence of Bidders` designated representatives
who choose to attend and other parties with a legitimate interest in the Bid
proceedings. The Financial Proposals will remain
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unopened and will be held in custody of the Procurement Directorate until
the specified time of their opening.
27.6 The envelopes holding the Technical Proposals shall be opened one at a
time, and the following read out and recorded: (a) the name of the Bidder;
(b) whether there is a modification or substitution; (c) the presence of a Bid
Security, if required; and (d) Any other details as the Procurement
Directorate may consider appropriate.
27.7 Bids not opened and not read out at the Bid opening shall not be considered
further for evaluation, irrespective of the circumstances. In particular, any
discount offered by a Bidder which is not read out at Bid opening shall not
be considered further.
27.8 Bidders are advised to send in a representative with the knowledge of the
content of the Bid who shall verify the information read out from the
submitted documents. Failure to send a representative or to point out any
un-read information by the sent Bidder’s representative shall indemnify the
Procurement Directorate against any claim or failure to read out the correct
information contained in the Bidder’s Bid.
27.9 No Bid will be rejected at the time of Bid opening except for late Bids which
will be returned unopened to the Bidder, pursuant to ITB 25.
27.10 The Procurement Directorate shall prepare minutes of the Bid opening. The
record of the Bid opening shall include, as a minimum: the name of the
Bidder and whether or not there is a withdrawal, substitution or modification,
the Bid price if applicable, including any discounts and alternative offers and
the presence or absence of a Bid Security or Bid Securing Declaration.
27.11 The Bidders’ representatives who are present shall be requested to sign on
the attendance sheet. The omission of a Bidder’s signature on the record
shall not invalidate the contents and affect the record. A copy of the record
shall be distributed to all the Bidders.
27.12 A copy of the minutes of the Bid opening shall be furnished to individual
Bidders upon request.
27.13 In case of Single Stage Two Envelop Bidding Procedure, after the evaluation
and approval of technical proposal the Procurement
Directorate, shall at a time within the bid validity period, publically open the
financial proposals of the technically accepted bids only. The financial
proposal of bids found technically non-responsive shall be returned
unopened to the respective bidders subject to redress of the grievances
from all tiers of grievances.
bb. Confidential 28.1 Information relating to the examination, clarification, evaluation and
ity comparison of Bids and recommendation of contract award shall not be
disclosed to Bidders or any other persons not officially concerned with such
process until the time of the announcement of the respective evaluation
report.
28.2 Any effort by a Bidder to influence the Procurement Directorate processing
of Bids or award decisions may result in the rejection of its Bid.
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28.3 Notwithstanding ITB 28.2 from the time of Bid opening to the time of contract
award, if any Bidder wishes to contact the Procurement
Directorate on any matter related to the Bidding process, it should do so in
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30.2 A substantially responsive Bid is one which conforms to all the terms,
conditions, and specifications of the Bidding Documents, without material
deviation or reservation. A material deviation or reservation is one that: -
(a) Affects in any substantial way the scope, quality, or performance of
the Services;
(b) Limits in any substantial way, inconsistent with the Bidding
Documents, the Procurement Directorate's rights or the Bidders
obligations under the Contract; or
(c) If rectified, would affect unfairly the competitive position of other
Bidders presenting substantially responsive Bids.
(d) Failure to sign the bid form and price schedules by the authorized
person or persons;
(e) Failure to satisfy eligibility requirements;
(f) Failure to submit a bid security as specified in the biding
documents; (g) Failure to satisfy the bid validity period;
(h) Inability to meet the critical delivery schedule or work schedule clearly
specified in the biding documents, where such schedule is a crucial
condition with which bidders must comply;
(i) Failure to comply with minimum experience criteria as specified in the
biding documents;
(j) Conditional Bids such as conditions in a bid which limit the bidder’s
responsibility to accept an award;
(k) Stipulating price adjustment when fixed price Bids were invited;
(l) Subcontracting in a substantially different amount or manner than that
permitted;
(m) Failure to submit major supporting documents required by the biding
documents to determine substantial responsiveness of a bid
30.3 The Procurement Directorate will confirm that the documents and
information specified under ITB 12, 13 and 14 have been provided in the
Bid. If any of these documents or information is missing, or is not provided
in accordance with the Instructions to Bidders, the Bid shall be rejected.
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30.4 The Procurement Directorate may waive off 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.
Explanation: A minor informality, non-conformity or irregularity is one that is
merely a matter of form and not of substance. It also pertains to some
immaterial defect in a Bid or variation of a bid from the exact requirements
of the invitation that can be corrected or waived without being prejudicial to
other bidders. The defect or variation is immaterial when the effect on
quantity, quality, or delivery is negligible when contrasted with the total cost
or scope of the supplies or services being acquired. The Procurement
Directorate either shall give the bidder an opportunity to cure any deficiency
resulting from a minor informality or irregularity in a bid or waive the
deficiency, whichever is advantageous to the Procurement Directorate.
Examples of minor informalities or irregularities include failure of a bidder to
–
(a) Submit the number of copies of signed bids required by the invitation;
(b) Furnish required information concerning the number of its employees;
(c) The firm submitting a bid has formally adopted or authorized, before
the date set for opening of bids, the execution of documents by
typewritten, printed, or stamped signature and submits evidence of
such authorization and the bid carries such a signature.
30.5 Provided that a Technical Bid is substantially responsive, the Procurement
Directorate may request the Bidder to submit the necessary information or
documentation, within a reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the Technical Bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any such aspect of the technical
Proposal linked with the ranking of the bidders. Failure of the Bidder to
comply with the request may result in the rejection of its Bid.
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31.3 If after the examination of the terms and conditions and the technical
evaluation, the Procurement Directorate determines that the Bid is not
substantially responsive in accordance with ITB 31, it shall reject the Bid.
ff. Correction of 32.1 Bids determined to be substantially responsive will be checked for any
Errors arithmetic errors. Errors will be corrected as follows: -
(a) if there is a discrepancy between unit prices 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, unless in the opinion of
the Procurement Directorate there is an obvious misplacement of the
decimal point in the unit price, in which the total price as quoted shall
govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction
of sub-totals, the sub-totals shall prevail and the total shall be
corrected; and
(c) Where there is a discrepancy between the amounts in figures and in
words, the amount in words will govern.
(d) Where there is discrepancy between grand total of price schedule and
amount mentioned on the Form of Bid, the amount referred in Price
Schedule shall be treated as correct subject to elimination of other
errors.
32.2 The amount stated in the Bid will, be adjusted by the Procurement
Directorate in accordance with the above procedure for the correction of
errors and, with, the concurrence of the Bidder, shall be considered as
binding upon the Bidder. If the Bidder does not accept the corrected
amount, its Bid will then be rejected, and the Bid Security may be forfeited
or the Bid Securing Declaration may be executed in accordance with ITB
19.9.
gg. Conversion 33.1 To facilitate evaluation and comparison, the Procurement Directorate will
to Single convert all Bid prices expressed in the amounts in various currencies in
Currency which the Bid prices are payable. For the purposes of comparison of bids
quoted in different currencies, the price shall be converted into a single
currency specified in the bidding documents. The rate of exchange shall
be the selling rate, prevailing on the date of opening of (financial part of)
bids specified in the bidding documents, as notified by the State Bank of
Pakistan on that day.
33.2 The currency selected for converting Bid prices to a common base for the
purpose of evaluation, along with the source and date of the exchange rate,
are specified in the BDS.
hh. Evaluation 34.1 The Concerned Project and Procurement Directorate shall evaluate and
of Bids compare only the Bids determined to be substantially responsive, pursuant
to ITB 30.
34.2 In evaluating the Technical Proposal of each Bid, the Concerned Project
shall use the criteria and methodologies listed in the BDS and in terms of
Statement of Requirements and Technical Specifications. No other
evaluation criteria or methodologies shall be permitted.
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34.3 The Procurement Directorate’s evaluation of a Bid will take into account:
(a) In the case of therapeutic goods manufactured in Pakistan or
therapeutic goods of foreign origin already imported in Pakistan, Income
Tax, General Sales Tax and other similar/applicable taxes, which will be
payable on the goods if a contract is awarded to the Bidder;
(b) In the case of therapeutic goods of foreign origin offered from abroad,
customs duties and other similar import taxes which will be payable on
the goods if the contract is awarded to the Bidder; and
34.4 The comparison shall be between the EXW price of the therapeutic goods
offered from within Pakistan, such price to include all costs, as well as duties
and taxes paid or payable on components and raw material incorporated or
to be incorporated in the therapeutic goods, and named port of destination,
border point, or named place of destination) in accordance with applicable
INCOTERM in the price of the therapeutic goods offered from outside
Pakistan.
34.5 In evaluating the Bidders, the evaluation committee will, in addition to the
Bid price quoted in accordance with ITB 16.1, take account of one or more
of the following factors as specified in the BDS, and quantified in ITB 33.5:
(a) Cost of inland transportation, insurance, and other costs within the
Pakistan incidental to delivery of the therapeutic goods to their final
destination.
(b) Delivery schedule offered in the Bid;
(c) Deviations in payment schedule from that specified in the Special
Conditions of Contract;
(d) The cost of components, mandatory spare parts, and service;
(e) The availability (in Pakistan) of spare parts and after-sales services
for the equipment offered in the Bid;
(f) The projected operating and maintenance costs during the life of the
equipment;
(g) The performance and productivity of the equipment offered; and/or
(h) Other specific criteria indicated in the TBS and/or in the Technical
Specifications.
34.6 For factors retained in BDS, pursuant to ITB 34.4 one or more of the
following quantification methods will be applied, as detailed in the BDS:
(a) Inland transportation from EXW/port of entry/border point, Insurance and
incidentals.
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(b) Inland transportation, insurance, and other incidental costs for delivery
of the therapeutic goods from EXW/port of entry/border point to Project
Site named in the BDS will be computed for each Bid by the PA on the
basis of published tariffs by the rail or road transport agencies,
insurance companies, and/or other appropriate sources. To facilitate
such computation, Bidder shall furnish in its Bid the estimated
dimensions and shipping weight and the approximate EXW or as per
applicable INCOTERM value of each package. The above cost will be
added by the Procurement Directorate to EXW or as per applicable
INCOTERM price.
(c) Delivery schedule.
i) The Procurement Directorate requires that the therapeutic goods under
the Invitation for Bids shall be delivered (shipped) at the time specified
in the Schedule of Requirements. The estimated time of arrival of the
therapeutic goods at the Project Site will be calculated for each Bid after
allowing for reasonable international and inland transportation time.
Treating the Bid resulting in such time of arrival as the base, a delivery
“adjustment” will be calculated for other Bids by applying a percentage,
specified in the BDS, of the EXW or as per applicable INCOTERM price
for each week of delay beyond the base, and this will be added to the
Bid price for evaluation. No credit shall be given to early delivery.
Or
ii) The therapeutic goods covered under this invitation are required to be
delivered (shipped) within an acceptable range of weeks specified in the
Schedule of Requirement. No credit will be given to earlier deliveries,
and Bids offering delivery beyond this range will be treated as non-
responsive. Within this acceptable range, an adjustment per week, as
specified in the BDS, will be added for evaluation to the Bid price of Bids
offering deliveries later than the earliest delivery period specified in the
Schedule of Requirements.
Or
(iii) The therapeutic goods covered under this invitation are required to be
delivered (shipped) in partial shipments, as specified in the Schedule of
Requirements. Bids offering deliveries earlier or later than the specified
deliveries will be adjusted in the evaluation by adding to the Bid price a
factor equal to a percentage, specified in the BDS, of EXW or as per
applicable INCOTERM price per week of variation from the specified
delivery schedule.
(d) Deviation in payment schedule.
i) Bidders shall state their Bid price for the payment schedule outlined in
the SCC. Bids will be evaluated on the basis of this base price.
Bidders are, however, permitted to state an alternative payment
schedule and indicate the reduction in Bid price they wish to offer for
such alternative payment schedule. The Procurement Directorate
may consider the alternative payment schedule offered by the
selected Bidder.
Or
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ii) The SCC stipulates the payment schedule offered by the
Procurement Directorate. If a Bid deviates from the schedule and if
such deviation is considered acceptable to the Procurement
Directorate, the Bid will be evaluated by calculating interest earned
for any earlier payments involved in the terms outlined in the Bid as
compared with those stipulated in this invitation, at the rate per
annum specified in the BDS.
(e) Specific additional criteria.
Other specific additional criteria to be considered in the evaluation
and the evaluation method shall be detailed in the BDS and/or the
Technical Specifications.
34.7 If these Bidding Documents allow Bidders to quote separate prices for
different Lots, and the award to a single Bidder of multiple Lots, the
methodology of evaluation to determine the lowest evaluated Lot
combinations, including any discounts offered in the Form of Bid, is
specified in the BDS.
ii. Domestic 35.1 If the BDS so specifies, the Procurement Directorate will grant a margin
Preference of preference to certain goods in line with the rules, regulations, regulatory
guides or instructions issued by the Authority from time to time.
jj. Determination of 36.1 In case where the Procurement Directorate adopts the Cost Based
Most Evaluation Technique and, the Bid with the lowest evaluated price from
Advantageous amongst those which are eligible, compliant and substantially responsive
Bid shall be the Most Advantageous Bid.
36.2 The Procurement Directorate may adopt the Quality & Cost Based
Selection Technique due to the following reasons:
i. In addition to the mandatory requirements and mandatory technical
specifications, requires parameters specified in Evaluation Criteria to
be evaluated while determining the quality of the therapeutic goods: ii. In
such cases, the Concerned Project may allocate certain weightage to
these factors as a part of Evaluation Criteria, and may determine the
ranking of the bidders on the basis of combined evaluation in accordance
with provisions of Rule 2(1)(h) of PPR-2004.
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kk. 37.1 Where the Bid price is considered to be abnormally low, the Concerned
Postqualification Project shall perform price analysis either during determination of Most
of Bidder and/or Advantageous Bid. The following process shall apply:
Abnormally Low
(a) The Concerned Project may reject a Bid if the Concerned Project
Financial
has determined that the price in combination with other constituent
Proposal
elements of the Bid is abnormally low in relation to the subject matter of
the procurement (i.e. scope of the procurement) and raises concerns as
to the capability and capacity of the respective Bidder to perform that
contract;
(b) Before rejecting an abnormally low Bid the Concerned Project shall
request the Bidder an explanation of the Bid or of those parts which it
considers contribute to the Bid being abnormally low; take account of the
evidence provided in response to a request in writing; and subsequently
verify the Bid or parts of the Bid being abnormally low;
(c) The decision of the Concerned Project to reject a Bid and reasons
for the decision shall be recorded in the procurement proceedings and
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37.4 Procurement Directorate may seek “Certificate for Independent Price
Determination” from the Bidder and the results of reference checks may be
used in determining award of contract.
Explanation: The Certificate shall be furnished by the bidder. The bidder
shall certify that the price is determined keeping in view of all the essential
aspects such as raw material, its processing, value addition, optimization of
resources due to economy of scale, transportation, insurance and margin
of profit etc.
37.5 An affirmative determination will be a prerequisite for award of the contract
to the Bidder. A negative determination will result in rejection of the Bidder’s
Bid, in which event the Concerned Project will proceed to the next ranked
bidder to make a similar determination of that Bidder’s capabilities to
perform satisfactorily.
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AWARD OF CONTRACT
ll. Criteria of 38.1 Subject to ITB 37 and 39, the Procurement Directorate will award the
Award Contract to the Bidder whose Bid has been determined to be substantially
responsive to the Bidding Documents and who has been declared as Most
Advantageous Bidder, provided that such Bidder has been determined to
be:
(a) Eligible in accordance with the provisions of ITB 3;
(b) Is determined to be qualified to perform the Contract satisfactorily; and
(c) Successful negotiations have been concluded, if any.
mm. Negotiation s 39.1 Negotiations may be undertaken with the Most Advantageous Bid relating to
the following areas:
(a) A minor alteration to the technical details of the statement of
requirements;
(b) Reduction of quantities for budgetary reasons, where the reduction
is in excess of any provided for in the Biding documents; (c)
A minor amendment to the special conditions of
Contract;
(d) Finalizing payment arrangements;
(e) Delivery arrangements;
(f) The methodology for provision of related services; or
(g) Clarifying details that were not apparent or could not be finalized at
the time of Bidding;
39.2 Where negotiation fails to result into an agreement, the Procurement
Directorate may invite the next ranked Bidder for negotiations. Where
negotiations are commenced with the next ranked Bidder, the
Procurement Directorate shall not reopen earlier negotiations.
nn. Procuremen t 40.1 Notwithstanding ITB 38, the Procurement Directorate reserves the right to
Directorate’s reject all the bids, and to annul the Bidding process at any time prior to
Right to reject award of contract, without thereby incurring any liability to the affected
All Bids Bidder or Bidders. However, the Authority (i.e. PPRA) may call from the
Procurement Directorate the justification of those grounds.
40.2 Notice of the rejection of all Bids shall be given promptly to all Bidders that
have submitted Bids.
40.3 The Procurement Directorate shall upon request communicate to any
Bidder the grounds for its rejection of its Bids, but is not required to justify
those grounds.
oo. Procuremen t 41.1 The Procurement Directorate reserves the right at the time of contract
Directorate’s award to increase or decrease the quantity of goods or related services
Right to Vary originally specified in these Bidding Documents (schedule of requirements)
Quantities at provided this does not exceed by the percentage indicated in the BDS,
the Time of without any change in unit price or other terms and conditions of the Bid
Award and Bidding Documents.
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pp. Notification 42.1 Prior to the award of contract, the Procurement Directorate shall issue a
of Award Final Evaluation Report giving justification for acceptance or rejection of the
bids.
42.2 Where no grievance have been lodged, the Bidder whose Bid has been
qq. Signing of 43.1 Promptly after notification of award, Procurement Directorate shall send the
Contract successful Bidder the draft agreement, incorporating all terms and
conditions as agreed by the parties to the contract.
43.2 Immediately after the Redressal of grievance by the GRC, and after
fulfillment of all condition’s precedent of the Contract Form, the
successful Bidder and the Procurement Directorate shall sign the contract.
43.3 Where no formal signing of a contract is required, purchase order issued to
the bidder shall be construed to be the contract.
rr. Performance 44.1 After the receipt of the Letter of Acceptance / Contract, the successful
Guarantee Bidder, within the specified time, shall deliver to the Procurement
Directorate a Performance Guarantee in the form stipulated in the BDS and
SCC, denominated in the type and proportions of currencies in the Letter of
Acceptance / contracts and in accordance with the Conditions of Contract.
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45.2 The Procurement Directorate will provide an Advance Payment as
stipulated in the Conditions of Contract, subject to a maximum amount, as
stated in the BDS. The Advance Payment request shall be accompanied
by an Advance Payment Security (Guarantee) in the form provided during
conclusion of contract. For the purpose of receiving the Advance Payment,
the Bidder shall make and estimate of, and include in its Bid, the expenses
that will be incurred in order to commence Delivery of Goods. These
expenses will relate to the purchase of equipment, machinery,
materials, and on the engagement of labor during the first month beginning
with the date of the Procurement Directorate’s “Notice to Commence” as
specified in the SCC.
tt. Arbitrator 46.1 The Arbitrator shall be appointed by mutual consent of the both parties as
per the provisions specified in the SCC.
uu. Corrupt & 47.1 Procuring Agencies (including beneficiaries of Government funded projects
Fraudulent and procurement) as well as Bidders/Suppliers/Contractors under
Practices Government financed contracts, observe the highest standard of ethics
during the procurement and execution of such contracts, and will avoid to
engage in any corrupt and fraudulent practices.
vv. Constitution of 48.1 Technical Directorate, Heavy Industries Taxila shall constitute a Grievance
Grievance Redressal Committee (GRC) comprising of odd number of person with
Redressal proper power and authorization to address the complaint. The GRC shall
not have any of the members of Procurement Evaluation Committee. The
committee must have one subject specialist depending the nature of the
procurement.
ww. GRC 49.1 Any party can file its written complaint against the eligibility parameters or
Procedure any other terms and conditions prescribed in the bidding documents found
contrary to provision of Procurement Regulatory Framework, and the same
shall be addressed by the GRC well before the bid submission deadline.
49.2 Any Bidder feeling aggrieved by any act of the Procurement Directorate after
the submission of his bid may lodge a written complaint concerning his
grievances not later than seven days of the announcement of technical
evaluation report and five days after issuance of final evaluation report.
49.3 In case, the complaint is filed against the technical evaluation report, the
Procurement Directorate shall halt the procurement proceedings till final
decision.
49.4 In case, the complaint is filed after the issuance of the final evaluation report,
the complainant cannot raise any objection on technical evaluation of the
report:
Provided that the complainant may raise the objection on any part of the
final evaluation report in case where single stage one envelops bidding
procedure is adopted.
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49.5 The GRC, in both the cases shall investigate and decide upon the complaint
within ten days of its receipt.
49.6 Any bidder or the Procurement Directorate not satisfied with the decision of
the GRC may file Appeal before the Appellate Committee of the Authority
on prescribed format after depositing the Prescribed fee.
49.7 The Committee, upon receipt of the Appeal against the decision of the GRC
complete in all respect shall serve notices in writing upon all the parties to
appeal.
49.8 The committee shall call the record from the concerned Procurement
Directorate or the GRC as the case may be, and the same shall be provided
within prescribed time.
49.9 The committee may after examination of the relevant record and hearing all
the concerned parties, shall decide the complaint within fifteen (15) days of
receipt of the Appeal.
49.10 The decision of the Committee shall be in writing and shall be signed by the
Head and each Member of the Committee. The decision of the committee
shall be final.
MECHANISM OF BLACKLISTING
xx. Mechanism of 50.1 The Procurement Directorate shall bar for not more than the time prescribed
Blacklisting in Rule-19 of the Public Procurement Rules, 2004, from participating in their
respective procurement proceedings, bidder or contractor who either:
(1) Involved in corrupt and fraudulent practices as defined in Rule-2 of
Public Procurement Rules;
(2) Fails to perform his contractual obligations; and
(3) Fails to abide by the id securing declaration;
50.2 The show cause notice shall contain: (a) precise allegation, against the
bidder or contractor; (b) the maximum period for which the Procurement
Directorate proposes to debar the bidder or contractor from participating in
any public procurement of the Procurement Directorate; and (c) the
statement, if needed, about the intention of the Procurement Directorate to
make a request to the Authority for debarring the bidder or contractor from
participating in public procurements of all the procuring agencies.
50.3 The Procurement Directorate shall give minimum of seven days to the
bidder or contractor for submission of written reply of the show cause
notice
50.4 In case, the bidder or contractor fails to submit written reply within the
requisite time, the Procurement Directorate may issue notice for personal
hearing to the bidder or contractor/ authorize representative of the bidder or
contractor and the Procurement Directorate shall decide the matter on the
basis of available record and personal hearing, if availed.
50.5 In case the bidder or contractor submits written reply of the show cause
notice, the Procurement Directorate may decide to file the matter or direct
issuance of a notice to the bidder or contractor for personal hearing.
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50.6 The Procurement Directorate shall give minimum of seven days to the
bidder or contractor for appearance before the specified officer of the
Procurement Directorate for personal hearing.
The specified officer shall decide the matter on the basis of the available
record and personal hearing of the bidder or contractor, if availed
50.7 The Procurement Directorate shall decide the matter within fifteen days from
the date of personal hearing unless the personal hearing is adjourned to a
next date and in such an eventuality, the period of personal hearing shall be
reckoned from the last date of personal hearing.
50.8 The Procurement Directorate shall communicate to the bidder or contractor
the order of debarring the bidder or contractor from participating in any
public procurement with a statement that the bidder or contractor may,
within thirty days, prefer a representation against the order before the
Authority.
50.9 Such blacklisting or barring action shall be communicated by the
Procurement Directorate to the Authority and respective bidder or bidders
in the form of decision containing the grounds for such action. The same
shall be publicized by the Authority after examining the record whether the
procedure defined in blacklisting and debarment mechanism has been
adhered to by the Procurement Directorate.
50.10 The bidder may file the review petition before the Review Petition
Committee Authority within thirty days of communication of such blacklisting
or barring action after depositing the prescribed fee and in accordance with
“Procedure of filing and disposal of review petition under Rule-19(3)
Regulations, 2021”. The Committee shall evaluate the case and decide
within ninety days of filing of review petition.
50.11 The committee shall serve a notice in writing upon all respondent of the
review petition. The notices shall be accompanied by the copies of review
petition and all attached documents of the review petition including the
decision of the Procurement Directorate. The parties may file written
statements along with essential documents in support of their contentions.
The Committee may pass such order on the representation may deem fit.
50.12 The Authority on the basis of decision made by the committee either may
debar a bidder or contractor from participating in any public procurement
process of all or some of the procuring agencies for such period as the
deemed appropriate or acquit the bidder from the allegations. The decision
of the Authority shall be final.
SECTION - C
BID DATA SHEET
Bid Data Sheet (BDS)
1. The following specific data for the therapeutic goods to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITBs). Whenever there is a conflict, the provisions
herein shall prevail over those in ITBs.
BDS ITB Amendments of, and Supplements to, Clauses in the Instruction to Bidders
Clause Number
Number
Introduction
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a. 1.1 Procurement Directorate
The subject of procurement is: Procurement of Medicine for Lab Department
Commencement date for delivery of Therapeutic Goods (DP): 01 Month
b. 2.1 Financial year for the operations of the Procurement Directorate: 2024/25
Name of Project HIT Hospital
Name of financing institution: MoDP (Budget Dte HIT)
c. 3.1 Maximum number of members in the joint venture, consortium or association shall be:
N/A.
d. 4.1 Ineligible Source country(s) are India and Israel
e. 4.5 Demonstration of authorization by manufacturer: DRAP
Bidding Documents
f. 7.1 The bid shall be quoted complete Package (Package Deal), The bidder should not bid
a single item or single quantity.
g. 9.1 The address for clarification of Bidding Documents is Assistant Director Procurement,
Procurement Directorate Heavy Industries Taxila – Email address
[email protected] Fax No. 0519315029
9.5 Pre-bid meeting will not be held
Preparation of Bids
h. 11.1 The Language of all correspondences and documents related to the Bid is: English
i. 12.1(b) Advance samples to be provided to HIT hospital after technical opening within one x
week
j. 12.1 (k) In addition to the documents stated in ITB 12, the following documents must be
included with the Bid
(1) Photocopy of Registration / Pre-qualification / Indexation letter issued by
the HIT.
(2) Attested copy of Registration certificate issued by Sales Tax Department,
copy of NTN certificate.
(3) Audit report of last 3 x FYs.
(4) Attested Bank Statement for last one year.
(5) Attested copy of CNIC of MD.
(6) Trade link between firm and OEM (in case of distributor / agent).
(7) Certificate on a judicial paper worth Rs 100 duly attested by Oath
Commissioner that firm is neither defaulter nor blacklisted by any Govt
Organization directly or indirectly.
(8) Detail of list of contracts last 3 x FYs / works experience with Govt / Semi
Govt Organization.
(9) Copy of registration letter with Govt / Semi Govt organization (if any).
(10) Postal order of Rs 2,000/- should be enclosed with Technical Bid in
favour of Director Procurement HIT, Taxila
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m. 14.3 (b) The qualification criteria required from Bidders in ITB 14.3(b) is modified as follows:
Option (i)
Option (ii)
Option (iii)
ff. 34.5 This tender is on package deal. Lowest bidder will be awarded the contract against
packages.
gg. 35.1 N/A
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jj. 44.1 The Performance guarantee shall be 5% of the Contract Price
kk. 44.2 The Performance guarantee shall be in the form of CDR or Performance Bank
Guarantee
ll. 45.1 The Advance Payment if essential shall be limited to “N/A”
mm. 45.2 Maximum amount of Advance payment shall be “N/A”
nn. 46.1 Arbitrator shall be appointed by mutual consent of the both parties.
Review of GRC Decisions
oo. 50.1 Lodging Complaints
Brigadier Muhammad Khalid Hayat
Director Procurement
Heavy Industries Taxila, Taxila Cantt
Tel: (051) 9315333 Ext 63211
Fax: (051) 9315029
E-Mail: [email protected]
pp. The Joint Appellant Committee (JAC) to submit a copy of grievance:
Ministry of Defence Production (MoDP)
Tel : 051-9270989
The Address of PPRA to submit a copy of grievance:
Grievance Redressal Appellate Committee,
Public Procurement Regulatory Authority
1st Floor, G-5/2, Islamabad, Pakistan
Tel: +92-51-9202254
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-
SECTION D
ELIGIBLE COUNTRIES
2. All the bidders are allowed to participate in the subject procurement without regard to nationality,
except bidders of some nationality, prohibited in accordance with policy of the Federal Government.
3. Following countries are ineligible to participate in the procurement process:
a. India
b. Israel
4. Ministry of Interior, Government of Pakistan has notified List of Business-Friendly Countries (BVL),
information can be accessed through following link:
http://www.dgip.gov.pk/Files/Visa%20Categories.aspx#L
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-
SECTION E
SCHEDULE OF REQUIREMENTS
1. Procurement will be as per packages mentioned below. Firms having technically qualified will be selected
on package wise least cost method:-
Ser Package No of Items Annexures
a. Package 1: Micro Biology 65 Appendix I to Section E
b. Package 2: Hematology 20 Appendix II to Section E
c. Package 3: Special Chemistry 36 Appendix III to Section E
d. Package 4: Clinical Pathology 10 Appendix IV to Section E
e. Package 5: Serology 8 Appendix V to Section E
f. Package 6: Chemical Pathology 30 Appendix VI to Section E
g. Package 7: Histo Pathology 23 Appendix VII to Section E
h. Package 8: Virology 3 Appendix VIII to Section E
Total 195
Note: a. Failure to complete the intended supplies even after 60 days will result in the forfeiture of performance
security and the company/firm/supplier may be blacklisted.
b. The disposable should be delivered in packing with clear marking “for HIT Hosp use only”.
c. Short Dated Stocks (expiry of within 6 months) would be replaced within one month of being
notified.
SECTION F
EVALUATION CRITERIA
1. Evaluation will be carried out on package wise Least Cost method as under:-
Ser Evaluation Criteria Total Marks Minimum
Passing Marks
a. Performance Evaluation (Procurement 50 25
Directorate)
b. Technical Evaluation (User Factory) 50 35
Total 100 60
c. Price Evaluation 100 1st lowest
2. Performance Evaluation (Procurement Directorate) – 50 Marks
a. Financial Soundness. Following parameters will be used:-
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-
(1) Annual 5 Marks will be calculated as per • Third
turnover of last the formula: - Party
3 x Financial generated
Years Score = (Y1+Y2+Y3) * 5 verifiable audit
(3 * X) reports for last
• Y1,Y2,Y3 respective annual three financial
turnovers of last three years years to be
• X= Last purchased rate / provided for
minimum of
estimated value of the quoted
upto Rs 5 Mn
items available with HIT.
(in FOR Case)
(2) Working 10 Marks will be calculated as per and US$
Capital of last the formula: - (0.05) Mn in
three years Score = (Y1+Y2+Y3) * 10 FOB case
(3 * X) • Else
• Y1, Y2 and Y3 being Income Tax
respective working capitals of returns for last
last three years. 3 x financial
• X= Last Purchase Rate / years, fully
Estimated value of the quoted verified by ITO
items Available with HIT. of the circle.
(3) Litigation - One mark will be deducted for Affidavit on
history each litigation history (if any), judicial stamp
where decision went against the paper
firm
Total 15
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-
Marks
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(1) Projects of 10 • 3 years (1.3 mark per contract Max 3.3 marks
similar nature per year)
and complexity • New Firms will be awarded 2.5 gratis marks
c. Past Performance. Marks for past performance shall be awarded on the basis of
following criteria (New firms will be awarded pass marks):-
Ser Description Max Calculation Procdure
Marks
(1) Contracted store 2.5 • X1 = Total value of last 3 years’
supplied beyond contracts.
DP in last 3 years • X2 = Total value of stores delivered
within Delivery Period (last 3 years’
contracts).
Formula: Score= X2 * 2.5
X1
(2) Quantum of 2.5 • X1 = Total value of last 3 years
rejections of items in contracts.
the last 3 years • X2 = Total value of items accepted in
contracts first go (last 3 years’ contracts).
Formula: Score= X2 * 2.5
X1
(3) Timely provision of 2.5 • X1 = Total no of contracts concluded in
documents/ bank last 3 years.
guarantees / bid • X2 = Total number of timely provided
security money bank guarantees/ bid securities against
the total no of contracts in last 3 years.
Formula: Score= X2 * 2.5
X1
(4) No of contracts / 5 One mark would be deducted for each
items still pending contract in hand, whose deliveries are
beyond DP over due for more than 2 months
(5) Risk and Expense 2.5 Half mark will be deducted against each
action against firm Risk and Expense action approved / done
approved within last 3 years
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(6) Response to HIT 5 • Half mark will be deducted for each
Procurement advice letter issued to firm
queries /problems • One mark will be deducted for each
(last 3 years) warning letter issued to the firm
Total 20
d. Project Technical Evaluation Parameters
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SECTION - G
STANDARD FORMS
LETTER OF BID
We, the undersigned Bidder, hereby submit our Bid, in two parts, namely: M/s_____________________
1. No reservations: We have examined and have no reservations to the bidding document, including
addenda issued in accordance with Instructions to Bidders (ITB 9);
2. Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB
3;
3. Bid/Proposal-Securing Declaration: We have not been suspended nor declared ineligible by the
Procurement Directorate based on execution of a Bid Securing Declaration or Proposal Securing
Declaration in the Procurement Directorate’s country in accordance with ITB 4;
4. Conformity: We offer to supply in conformity with the bidding document and in accordance with the
Delivery Schedules specified in the Schedule of Requirements the following Goods: [insert a brief
description of the Goods and Related Services];
5. Total Price: The total price of our Bid, excluding any discounts offered in item (c) below is:
In case of only one lot, the total price of the Bid is [insert the total price of the bid in words and figures,
indicating the various amounts and the respective currencies];
In case of multiple lots, the total price of each lot is [insert the total price of each lot in words and figures,
indicating the various amounts and the respective currencies];
In case of multiple lots, total price of all lots (sum of all lots) [insert the total price of all lots in words and
figures, indicating the various amounts and the respective currencies];
6. Discounts: The discounts offered and the methodology for their application are:
a. The discounts offered are: [Specify in detail each discount offered]
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b. The exact method of calculations to determine the net price after application of discounts is shown
below: [Specify in detail the method that shall be used to apply the discounts];
7. Bid Validity Period: Our Bid shall be valid for the period specified in BDS 17.1 (as amended, if
applicable) from the date fixed for the Bid submission deadline specified in BDS 23.1 (as amended, if
applicable), and it shall remain binding upon us, and may be accepted at any time before the expiration
of that period;
8. Performance Security: If our Bid is accepted, we commit to obtain a performance security in
accordance with the bidding document;
9. One Bid per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we are not
participating in any other bid(s) as a Joint Venture member or as a subcontractor, and meet the
requirements, other than Alternative Bids submitted in accordance with ITB 19;
10. Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by
any entity or individual that is subject to, a temporary suspension or a debarment imposed by the
Procurement Directorate. Further, we are not ineligible under Pakistan laws;
11. State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not
a state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the
requirements of ];
12. Binding Contract: We understand that this Bid, together with your written acceptance thereof included
in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is
prepared and executed;
13. Not Bound to Accept: We understand that you are not bound to accept the the Most Advantageous
Bid or any other Bid that you may receive; and
14. Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for
us, or on our behalf, engages in any type of Fraud and Corruption.
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name
of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are shown
above]
Date signed [insert date of signing] day of [insert month], [insert year]
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No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
Page ________ of_ ______ pages
2. In case of JV, legal name of each member : [insert legal name of each member in JV]
3. Bidder’s actual or intended country of registration: [insert actual or intended country of registration]
4. Bidder’s year of registration: [insert Bidder’s year of registration]
5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of registration]
6. Bidder’s Authorized Representative Information
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]
7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above.
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 3.4.
Establishing that the Bidder is not under the supervision of the Procurement Directorate
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
COMMERCIAL OFFER
Price Schedule
Therapeutic Goods Manufactured Pakistan, or to be Imported
Ser IT Ser Part Nomenclature Description / A/U Quantity Price Per Total
Number Number Specifications Unit (Rs) Price
(Rs)
1.
2.
3.
.
.
.
Total Price without Taxes: Rs. ---------
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--------Tax @ ----- % Rs. -------
--------Tax @ ----- % Rs. -------
Total of all Applicable Taxes Rs ----------
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Form of Bid Security
[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [Purchaser to insert its name and address]
No.: [Purchaser to insert reference number for the Request for Bids]
Alternative No.: [Insert identification No if this is a Bid for an alternative]
Date: [Insert date of issue]
BID GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder, which in the case of a joint venture shall be
the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof]
(hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called
"the Bid") for the execution of ________________ under Request for Bids No. ___________ (“the RFB”).
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid
guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any
sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of the
Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or
a separate signed document accompanying or identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid during the period of Bid validity set forth in the Applicant’s Letter of Bid (“the Bid
Validity Period”), or any extension thereto provided by the Applicant; or
(b) Having been notified of the acceptance of its Bid by the Beneficiary during the Bid Validity Period or
any extension thereto provided by the Applicant, (i) has failed to sign the contract agreement, or (ii) has
failed to furnish the performance security, in accordance with the Instructions to Bidders (“ITB”) of the
Beneficiary’s bidding document.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the
Contract agreement signed by the Applicant and the performance security issued to the Beneficiary in relation
to such Contract agreement; or (b) if the Applicant is not the successful Bidder, upon the earlier of (i) our
receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)
twenty-eight days after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated
above on or before that date.
_____________________________
[Signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final product.
54 | P a g e
Form of Bid-Securing Declaration
[The Bidder shall fill in this Form in accordance with the instructions indicated.]
We understand that, according to your conditions, Bids must be supported by a Bid-Securing Declaration.
We accept that we will be blacklisted and henceforth cross debarred for participating in respective category
of public procurement proceedings for a period of (not more than) six months, if fail to abide with a bid
securing declaration, however without indulging in corrupt and fraudulent practices, if we are in breach of our
obligation(s) under the Bid conditions, because we:
(a) have withdrawn our Bid during the period of Bid validity specified in the Letter of Bid; or
(b) having been notified of the acceptance of our Bid by the Procurement Directorate during the period
of Bid validity, (i) fail or refuse to sign the Contract; or (ii) fail or refuse to furnish the Performance
Security (or guarantee), if required, in accordance with the ITB.
We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier
of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after
the expiration of our Bid.
Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid
[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the
Joint Venture that submits the Bid.]
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Letter of Acceptance
This is to notify you that your Bid dated [date] for execution of the [name of the Contract and identification
number, as given in the Special Conditions of Contract] for the Contract Price of the equivalent of [amount in
numbers and words] [name of currency], as corrected and modified in accordance with the Instructions to
Bidders is hereby accepted by us.
We hereby confirm [insert the name of the Appointing Authority], to be the Appointing Authority, to appoint the
Arbitrator in case of any arisen disputes.
You are hereby informed that after you have read and return the attached draft Contract the parties to the
contract shall sign the vetted contract within fourteen (14) working days.
You are hereby required to furnish the Performance Guarantee/Security in the form and the amount stipulated
in the Special Conditions of the Contract within a period of fourteen (14) days after the receipt of Letter of
Acceptance.
Authorized Signature:
Name of Agency:
Attachment: Contract
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated.
This letter of authorization should be on the letterhead of the Manufacturer and should be signed by a person
with the proper authority to sign documents that are binding on the Manufacturer. The Bidder shall include it
in its Bid, if so indicated in the BDS.]
Date: [insert date (as day, month and year) of Bid submission]
No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
WHEREAS
We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods
manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby authorize [insert
complete name of Bidder] to submit a Bid the purpose of which is to provide the following Therapeutic Goods,
manufactured by us [insert name and or brief description of the Therapeutic Goods], and to subsequently
negotiate and sign the Contract.
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We hereby extend our full guarantee and warranty in accordance with Clause 29 of the General Conditions of
Contract, with respect to the Therapeutic Goods offered by the above firm.
PART II
CONDITIONS OF THE CONTRACT
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SECTION – H
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r. “Eligible Country" means the countries and territories eligible for
s. “End User" means the organization(s) where the goods will be used, as
named in the SCC.
t. “Origin” means the place where the Goods were mined, grown, or produced
or from which the Services are supplied. Goods are produced when, through
manufacturing, processing, or substantial and major assembly of
components, a commercially recognized new produce results that is
substantially different in basic characteristics or in purpose or utility from its
components.
u. “Force Majeure” means an unforeseeable event which is beyond reasonable
control of either Party and which makes a Party’s performance of its
obligations under the Contract impossible or so impractical as to be
considered impossible under the circumstances.
For the purposes of this Contract, “Force Majeure” means an event which
is beyond the reasonable control of a Party, is not foreseeable, is
unavoidable, and its origin is not due to negligence or lack of care on the
part of a Party, and which makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances. and includes, but is not limited to, war, riots,
civil disorder, earthquake, fire, explosion, storm, flood, epidemics, or other
adverse weather conditions, strikes, lockouts or other industrial action
(except where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any
other action by Government agencies.
w. The Supplier's Bid is the completed Bid document submitted by the Supplier
to the Procurement Directorate.
2. Application 2.1 These General Conditions shall apply to the extent that they are not superseded
and by provisions of other parts of the Contract.
interpretation
2.2 In interpreting these Conditions of Contract headings and marginal notes are
used for convenience only and shall not affect their interpretations unless
specifically stated; references to singular include the plural and vice versa; and
masculine include the feminine. Words have their ordinary meaning under the
language of the Contract unless specifically defined.
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2.3 The documents forming the Contract shall be interpreted in the following order of
priority:
a. Form of Contract,
b. Special Conditions of Contract,
c. General Conditions of Contract,
d. Letter of Acceptance,
e. Certificate of Contract Commencement
f. Specifications
g. Contractor's Bid, and
h. Any other document listed in the Special Conditions of Contract as forming
part of the Contract.
3. Conditions 3.1 Having signed the Contract, it shall come into effect on the date on which the
Precedent following conditions have been satisfied: -
a. Submission of performance Security (or guarantee) in the form specified in
the SCC;
b. Furnishing of Advance Payment Unconditional Guarantee.
3.2 If the Condition precedent stipulated on GCC Clause 3.1 is not met by the date
specified in the SCC this contract shall not come into effect;
3.3 If the Procurement Directorate is satisfied that each of the conditions precedent
in this contract has been satisfied (except to the extent waved by him, but subject
to such conditions as he shall impose in respect of such waiver) he shall
promptly issue to the supplier a certificate of Contract commencement, which
shall confirm the start date.
4. Governing 4.1 The Contract as all correspondence and documents relating to the contract
Language exchanged by the Supplier and the Procurement Directorate shall be written in
the language specified in SCC. The version of the Contract written in the
specified language shall govern its interpretation.
5. Applicable 5.1 The contract shall be governed and interpreted in accordance with the laws of
Law Pakistan, unless otherwise specified in SCC.
6. Country of 6.1 The origin of Therapeutic Goods (Pharmaceuticals) and Services may be distinct
Origin from the nationality of the Supplier.
7. Standards 7.1 The Therapeutic Goods supplied under this Contract shall conform to the
standards mentioned in the Technical Specifications.
8. Joint 8.1 If the Supplier is a joint venture, consortium, or association, all of the parties
Venture shall be jointly and severally liable to the Purchaser for the fulfillment of the
Consortium provisions of the Contract and shall designate one party to act as a leader with
or authority to bind the joint venture, consortium, or association. The composition
Association or the constitution of the joint venture, consortium, or association shall not be
altered without the prior consent of the Purchaser
9. Contract 9.1 Subject to the order of precedence set forth in the Contract Agreement, all
Documents documents forming the Contract (and all parts thereof) are intended to be
correlative, complementary, and mutually explanatory. The Contract Agreement
shall be read as a whole.
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10. Use of 10.1 The Supplier shall not, without the Procurement Directorate’s prior written
Contract consent, disclose the Contract, or any provision thereof, or any specification,
Documents plan, drawing, pattern, sample, or information furnished by or on behalf of the
and Procurement Directorate in connection therewith, to any person other than a
Information; person employed by the Supplier in the performance of the Contract. Disclosure
Inspection to any such employed person shall be made in confidence and shall extend only
and Audit by as far as may be necessary for purposes of such performance.
the
Government 10.2 The Supplier shall not, without the Procurement Directorate’s prior written
of Pakistan consent, make use of any document or information enumerated in GCC Clause
10.1 except for purposes of performing the Contract.
10.3 Any document, other than the Contract itself, enumerated in GCC Clause 10.1
shall remain the property of the Procurement Directorate and shall be returned
(all copies) to the Procurement Directorate on completion of the Supplier’s
performance under the Contract if so required by the Procurement Directorate.
10.4 The Supplier shall permit the Government of Pakistan or / and donor agencies
involved in financing the project to inspect the Supplier’s accounts and records
relating to the performance of the Supplier and to have them audited by auditors
appointed by the Government of Pakistan or / and the appropriate donor
agencies, if so required by the Government of Pakistan or / and the appropriate
donor agencies.
11. Patent and 11.1 The Supplier shall indemnify the Procurement Directorate against all third-party
Copy Rights claims of infringement of patent, trademark, or industrial design rights arising
from use of the Therapeutic Goods or any part thereof in Pakistan.
11.2 The patent right in all drawings, documents, and other materials containing data
and information furnished to the Procurement Directorate by the Supplier herein
shall remain vested in the supplier, or, if they are furnished to the Procurement
Directorate directly, or through the Supplier by any third party, including
suppliers of materials, the patent right in such materials shall remain vested in
such third party.
12. Scope of 12.1 The therapeutic Goods and Related Services to be supplied shall be as specified
Supply in the Schedule of Requirements
13. Performanc 13.1 The Performance Guarantee shall be provided to the Procurement Directorate
e Guarantee no later than the date specified in the Letter of Acceptance and shall be issued
in an amount and form and by a bank or surety acceptable to the Procurement
Directorate, and denominated in the types and proportions of the currencies in
which the Contract Price is payable as specified in the SCC.
13.2 The proceeds of the Performance Guarantee shall be payable to the
Procurement Directorate as compensation for any loss resulting from the
Supplier’s failure to complete its obligations under the Contract.
13.3 The Performance Guarantee shall be in one of the following forms:
a. A bank guarantee, an irrevocable letter of credit issued by a reputable bank,
or in the form provided in the Bidding Documents or another form
acceptable to the Procurement Directorate; or
b. A cashier’s or certified check.
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13.4 The performance guarantee will be discharged by the Procurement Directorate
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 otherwise specified in SCC.
14. Supplier’s 14.1 The Supplier shall supply all the Therapeutic Goods and Related Services
Responsibili included in the Scope of Supply in accordance with GCC Clause 12, and the
ty Delivery and Completion Schedule, as per GCC Clause 17
15. Inspections 15.1 The Procurement Directorate or its representative shall have the right to inspect
and Test and /or to test the therapeutic Goods to confirm their conformity to the Contract
specifications at no extra cost to the Procurement Directorate. SCC and the
Technical Specifications shall specify what inspections and tests the
Procurement Directorate shall notify the Supplier in writing or in electronic forms
that provide record of the content of communication, in a timely manner, of the
identity of any representatives retained for these purposes.
15.2 The inspections and tests may be conducted on the premises of the Supplier or
its subcontractor(s), at point of delivery, and/or at the Therapeutic Goods’ final
destination. If conducted on the premises of the Supplier or its subcontractor(s),
all reasonable facilities and assistance, including access to drawings and
production data, shall be furnished to the inspectors at no charge to the
Procurement Directorate.
15.3 Should any inspected or tested Therapeutic Goods fail to conform to the
Specifications, the Procurement Directorate may reject the Therapeutic Goods,
and the Supplier shall replace the rejected Therapeutic Goods to meet
specification requirements free of cost to the Procurement Directorate.
15.4 The Procurement Directorate’s right to inspect, test and, where necessary, reject
Therapeutic Goods after its arrival in the Procurement Directorate’s country shall
in no way be limited or eared by reason of the Therapeutic Goods having
previously been inspected, tested, and passed by the Procurement Directorate
or its representative prior to the Therapeutic Goods’ shipment from the country
of origin.
15.5 Nothing in GCC Clause 13 shall in any way release the supplier from any
warranty or other obligations under this Contract.
16. Packing 16.1 The supplier shall provide such packing of the Therapeutic Goods as required
in the Technical Specification of the Bidding Documents 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
Therapeutic Goods final destination and the absence of heavy handling facilities
at all points in transit.
16.2 The packing, marking, and documentation within and 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 Procurement Directorate.
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17. Delivery and 17.1 Documents to be submitted by the Supplier are specified in SCC.
Documents
20. Related 20.1 The Supplier may be required to provide any or all of the following services,
Services including additional services, if any, specified in SCC:
a. Performance or supervision of on-site assembly, Installation
Commissioning and/or start-up of the supplied Therapeutic Goods;
b. Furnishing of tools required for assembly and/or maintenance of the
supplied Therapeutic Goods;
c. Furnishing of a detailed operations and maintenance manual for each
appropriate unit of the supplied Therapeutic Goods;
d. Performance or supervision or maintenance and/or repair of the supplied
Therapeutic Goods, for a period of time agreed by the parties, provided
that this service shall not relieve the Supplier of any warranty obligations
under this Contract; and
e. Training of the Procurement Directorate’s personnel, at the Supplier’s
21.2 This warranty shall remain valid for a period specified in the SCC after the
Therapeutic Goods, or any portion thereof as the case may be, have been
delivered to and accepted at the final destination indicated in the Contract, or for
a period specified in the SCC after the date of shipment from the port or place
of loading in the source country, whichever period concludes earlier, unless
specified otherwise in SCC.
21.3 The Procurement Directorate shall promptly notify the Supplier in writing or in
electronic forms that provide record of the content of communication of any
claims arising under this warranty.
22. Payment 22.1 The method and conditions of payment to be made to the Supplier under this
Contract shall be specified in SCC.
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22.2 The Supplier’s request(s) for payment shall be made to the Procurement
Directorate in writing or in electronic forms that provide record of the content of
communication, accompanied by an invoice describing, as appropriate, the
Goods delivered and Services performed, and by documents submitted
pursuant to GCC Clause 13, and upon fulfillment of other obligations stipulated
in the Contract.
22.3 Payments shall be made promptly by the Procurement Directorate, within sixty
(60) days after submission of an invoice or claim by the Supplier. If the
Procurement Directorate makes a late payment, the Supplier shall be paid
interest on the late payment. Interest shall be calculated from the date by which
the payment should have been made up to the date when the late payment is
made at the rate as specified in the SCC.
22.4 The currency or currencies in which payment is made to the Supplier under this
Contract shall be specified in SCC subject to the following general principle:
payment will be made in the currency or currencies in which the payment has
been requested in the Supplier’s Bid.
22.5 All payments shall be made in the currency or currencies specified in the SCC
pursuant to GCC Clause 22.4
23. Prices 23.1 The contract price shall be as specified in the Contract Agreement Subject to
any additions and adjustments thereto or deductions there from, as may be
made pursuant to the Contract.
23.2 Prices charged by the Supplier for Therapeutic Goods delivered and Services
performed under the Contract shall not vary from the prices quoted by the
Supplier in its Bid, with the exception of any price adjustments authorized in
SCC or in the Procurement Directorate’s request for Bid Validity extension, as the
case may be.
24. Change 24.1 The Procurement Directorate may at any time, by a written order given to the
Orders Supplier, make changes within the general scope of the Contract in any one or
more of the following:
a. Drawings, designs, or specifications, where Therapeutic Goods to be
furnished under the Contract are to be specifically manufactured for the
Procurement Directorate;
b. The method of shipment or packing;
c. The place of delivery; and/or
d. The Services to be provided by the Supplier.
24.2 If any such change causes an increase or decrease in 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 Procurement Directorate change
order.
24.3 Prices to be charged by the supplier for any related services that might be
needed but which were not included in the Contract shall be agreed upon in
advance by the Parties and shall not exceed the prevailing rates charged to other
parties by the Supplier for similar services.
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25. Contract 25.1 Subject to GCC Clause 24, no variation in or modification of the terms of the
Amendment Contract shall be made except by written amendment signed by the parties.
s
26. Assignment 26.1 Neither the Procurement Directorate nor the Supplier shall assign, in whole or in
part, obligations under this Contract, except with the prior written consent of the
other party.
27. Subcontracts 27.1 The Supplier shall consult the Procurement Directorate in the event of
subcontracting under this contract if not already specified in the Bid.
Subcontracting shall not alter the Supplier's obligations.
27.2 Subcontracts must comply with the provision of GCC Clause 5.
28. Delays in the 28.1 Delivery of the Therapeutic Goods and performance of Services shall be made
Supplier’s by the Supplier in accordance with the time schedule prescribed by the
Performanc Procurement Directorate in the Schedule of Requirements.
e
28.2 If at any time during performance of the Contract, the Supplier or its
subcontractor(s) should encounter conditions impeding timely delivery of the
Therapeutic Goods and performance of Services, the Supplier shall promptly
notify the Procurement Directorate in writing or in electronic forms that provide
record of the content of communication 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
Procurement Directorate 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 amendment of
Contract.
28.3 Except as provided under GCC Clause 31, a delay by the Supplier in the
performance of its delivery obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 29, unless an
extension of time is agreed upon without the application of liquidated damages.
29. Liquidated 29.1 Subject to GCC Clause 31, if the Supplier fails to deliver any or all of the
Damages Therapeutic Goods or to perform the Services within the period(s) specified in
the Contract, the Procurement Directorate 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 Therapeutic Goods or unperformed Services for each week
or part thereof of delay until actual delivery or performance, up to a maximum
deduction of the performance security (or guarantee) specified in SCC. Once
the said maximum is reached, the Procurement Directorate may consider
termination of the Contract.
30. Termination 30.1 The Procurement Directorate or the Supplier, without prejudice to any other
for Default remedy for breach of Contract, by written notice of default sent to the concerned
party may terminate the Contract if the other party causes a fundamental breach
of the Contract.
30.2 Fundamental breaches of Contract shall include, but shall not be limited to the
following:
a. the Supplier fails to deliver any or all of the Therapeutic Goods within the
period(s) specified in the Contract, or within any extension thereof granted
by the Procurement Directorate; or
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b. the Supplier fails to perform any other obligation(s) under the Contract;
c. Supplier’s failure to submit performance security (or guarantee) within the
time stipulated in the SCC;
d. the supplier has abandoned or repudiated the contract.
e. the Procurement Directorate or the Supplier is declared bankrupt or goes
into liquidation other than for a reconstruction or amalgamation;
f. a payment is not paid by the Procurement Directorate to the Supplier after
Number of days Specified in SCC from the due date for payment;
g. the Procurement Directorate gives Notice that Therapeutic goods delivered
with a defect is a fundamental breach of Contract and the Supplier fails to
correct it within a reasonable period of time determined by the Procurement
Directorate; and
h. if the Procurement Directorate determines, based on the reasonable
evidence, that the Supplier has engaged in corrupt, coercive, collusive,
obstructive or fraudulent practices, in competing for or in executing the
Contract.
30.3 For the purpose of this clause:
Corrupt and Fraudulent Practice” in respect of procurement process, shall be
either one or any combination of the practices including,-
a. "coercive practices" which means any impairing or harming or threatening
to impair or harm, directly or indirectly, any party or the property of the party
to influence the actions of a party to achieve a wrongful gain or to cause a
wrongful loss to another party;
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31. Termination 31.1 Notwithstanding the provisions of GCC Clauses 29, and, neither Party shall
for Force have any liability or be deemed to be in breach of the Contract for any delay nor
Majeure is other failure in performance of its obligations under the Contract, if such delay
or failure is a result of an event of Force Majeure.
For purpose of this clause, ‘’Force Majeure’’ means an event which is beyond
the reasonable control of a Party, is not foreseeable, is unavoidable, and its
origin is not due to negligence or lack of care on the part of a Party, and which
makes a Party’s performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the circumstances, and
includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood, epidemics, or other adverse weather conditions, strikes,
lockouts or other industrial action (except where such strikes, lockouts or other
industrial action are within the power of the Party invoking Force Majeure to
prevent
32. Termination 32.1 The Procurement Directorate may at any time terminate the Contract by giving
for written notice to the Supplier if the Supplier becomes bankrupt or otherwise
Insolvency insolvent. In this event, termination will be without compensation to the Supplier,
provided that such termination will not prejudice or affect any right of action or
remedy which has accrued or will accrue thereafter to the Procurement
Directorate.
33. Termination 33.1 The Procurement Directorate, by written notice sent to the Supplier, may
for terminate the contract, in whole or in part, at any time for its convenience. The
Convenienc notice of termination shall specify that termination is for the Procurement
e Directorate’s convenience, the Contract is terminated, and the date upon which
such termination becomes effective.
33.2 The Therapeutic Goods that are complete and ready for shipment within thirty
(30) days after the Supplier’s receipt of notice of termination shall be accepted
by the Procurement Directorate at the Contract terms and price.
34. Disputes 34.1 In the event of any dispute arising out of this contract, either party shall issue a
Resolution notice of dispute to settle the dispute amicably. The parties hereto shall, within
twenty-eight (28) days from the notice date, use their best efforts to settle the
dispute amicably through mutual consultations and negotiation. Any unsolved
dispute may be referred by either party to Arbitrator who will be Chairman HIT (
sole Arbitrator).
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34.2 After the dispute has been referred to the arbitrator, within 30 days, or within
such other period as may be proposed by the Parties, the Arbitrator shall give
its decision. The rendered decision shall be binding to the Parties and not liable
to be challenged in any Court of Law.
35. Procedure 35.1 The arbitration shall be conducted in accordance with the arbitration procedure
for Disputes published by the Institution named and in the place shown in the SCC.
Resolution 35.2 The rate of the Arbitrator’s fee and administrative costs of arbitration shall be
borne equally by the Parties. The rates and costs shall be in accordance with
the rules of the Appointing Authority. In conducting arbitration to its finality each
party shall bear its incurred costs and expenses.
35.3 The arbitration shall be conducted in accordance with the arbitration procedure
published by the institution named and in the place shown in the SCC.
36. Replacemen 36.1 Should the Arbitrator resign or die, or should the Procurement Directorate and
t of the Supplier agree that the Arbitrator is not functioning in accordance with the
Arbitrator provisions of the contract, a new Arbitrator shall be appointed by mutual consent
of the both parties.
37. Limitation of 37.1 Except in cases of criminal negligence or willful conduct, and in the case of
Liability infringement,
a. The supplier shall not be liable to the Procurement Directorate, whether in
contract, tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, loss of production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of the Supplier to pay
liquidated damages to the Procurement Directorate; and
b. The aggregate liability of the Supplier to the Procurement Directorate,
whether under the Contract, in tort or otherwise, shall not exceed the total
Contract Price, provided that this limitation shall not apply to the cost of
repairing or replacing defective equipment or to any obligation of the
Supplier to indemnify the Procurement Directorate with respect to patent
infringement.
38. Notices 38.1 Any notice given by one party to the other pursuant to this Contract shall be sent
to the other party in writing or in electronic forms that provide record of the
content of communication and confirmed in writing or in electronic forms that
provide record of the content of communication to the other party’s address
specified in SCC.
38.2 A notice shall be effective when delivered or on the notice’s effective date,
whichever is later.
39. Effectivenes 39.1 Unless otherwise specified in the SCC, the Contract shall become effective on
s of the the date (“the Effective Date”) that the Supplier receives written notification from
Contract the relevant authority in the Purchaser’s Country that the Therapeutic Goods
have been registered for use in the Procurement Directorate’s Country.
39.2 If thirty (30) days, or such longer period specified in the SCC, elapse from the
date of Contract signing and the Contract has not become effective pursuant to
Sub-Clause 39.1 above, then either party may, by not less than seven (7) days’
written notice to the other party, declare this Contract null and void. In such
event, the Supplier’s Performance Security shall be promptly returned.
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40. Extension 40.1 If at any time during performance of the Contract, the Supplier or its
subcontractors should encounter conditions impeding timely delivery of the
Therapeutic Goods or completion of Related Services, the Supplier shall
promptly notify the Purchaser in writing of the delay, its likely duration, and its
cause. 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, in which case the extension shall be ratified by
the parties by amendment of the Contract.
40.2 Except in case of Force Majeure, as provided under GCC Clause 31, a delay by
the Supplier in the performance of its Delivery and Completion obligations shall
render the Supplier liable to the imposition of liquidated damages pursuant to
GCC Clause 29, unless an extension of time is agreed upon, pursuant to GCC
Sub-Clause 39.1
41. Taxes and 41.1 A foreign Supplier shall be entirely responsible for all taxes, stamp duties, license
Duties fees, and other such levies imposed outside Pakistan.
41.2 If any tax exemptions, reductions, allowances or privileges may be available to
the Supplier in Pakistan the Procurement Directorate shall use its best efforts to
enable the Supplier to benefit from any such tax savings to the maximum
allowable extent.
41.3 A local Supplier shall be entirely responsible for all taxes, duties, license fees,
etc., incurred until delivery of the contracted Goods to the Procurement
Directorate.
PART II
CONDITIONS OF THE CONTRACT
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SECTION - I
SPECIAL CONDITIONS OF THE CONTRACT
(SCC)
1. The following Special Conditions of Contract (SCC) shall supplement the GCC. Whenever there is a
conflict, the provisions herein shall prevail over those in the GCC. The corresponding clause number of the
GCC is indicated in parentheses.
SCC GCC Amendments of, and Supplements to, Clauses in the GCC
Clause Clause
Number Number
Definitions (GCC 1)
1. 1.1 The Procurement Directorate is: [Name and address]
2. 1.1(j) The Supplier is: [Name and address]
3. 1.1(q) The title of the subject procurement or The Project is: [write the name of title or
project]
Governing Language (GCC 4)
4. 4.1 The Governing Language shall be: ………
Applicable Law (GCC 5)
5. 5.1 The Applicable Law shall be: Laws of the ………………
Country of Origin (GCC 6)
6. 6.1 Country of Origin is ……………………….
Performance Security ( or guarantee) (GCC 13)
7. 13.1 The amount of performance security (or guarantee), as a percentage of the Contract
Price, shall be: [below the ten (10) percent of the Contract Price]
8. 13.4 After delivery and acceptance of the Therapeutic Goods, 5% percent of the
Performance Security (or guarantee) shall be withheld to cover the Supplier’s
warranty obligations in accordance with GCC Clause 21.2.
Inspections and Tests (GCC 15)
9. 15.1 Inspection and tests prior to shipment of Therapeutic Goods and at final
acceptance are as follows:
Quality and quantity inspection shall be carried out prior to shipment of
Therapeutic Goods by the manufacturer(s) at the supplier’s own expense and
responsibility in terms of the items specified in the specifications. The supplier
shall submit the inspection certificate issued by himself which should be attached
with the certificate(s) of the manufacturer(s) to the Procurement Directorate in
order to ensure that the Therapeutic goods are manufactured in compliance with
the contract.
Packing (GCC Clause 16)
10. 16.2 The following SCC shall supplement GCC Clause 16.2:
The Therapeutic Goods shall be packed properly in accordance with standard export
packing specified by the Procurement Directorate in the Technical Specification.
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11. 17.1 For Therapeutic Goods from within Pakistan:
Upon delivery of the Therapeutic Goods to the transporter, the Supplier shall notify
the Procurement Directorate and mail the following documents to the Procurement
Directorate:
a. one original plus four copies of the Supplier’s invoice showing Therapeutic
Goods’ description, quantity, unit price, and total amount;
b. delivery note, railway receipt, or truck receipt;
c. Manufacturer’s or Supplier’s warranty certificate;
d. inspection certificate issued by the nominated inspection agency, and the
Supplier’s factory inspection report; and
e. Certificate of country of origin issued by Pakistan Chamber of Commerce and
15. 21.4 & The period for correction of defects in the warranty period is: ………….
21.5
Payment (GCC Clause 22)
16. 22.1 The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows:
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Payment for Therapeutic Goods and Services supplied from within Pakistan:
Payment for Therapeutic Goods and Services supplied from within Pakistan shall
be made in Pakistani Rupees, as follows:
a. Advance Payment: …… percent of the Contract Price shall be paid within thirty
(30) days of signing of the Contract against a simple receipt and a bank
guarantee for the equivalent amount and in the form provided in the Bidding
Documents or another form acceptable to the Procurement Directorate.
b. On Delivery: …….. percent of the Contract Price shall be paid on receipt of the
Therapeutic Goods and upon submission of the documents specified in GCC
Clause 11.
c. On Acceptance: The remaining 100% percent of the Contract Price shall be
paid to the Supplier within thirty (30) days after the date of the acceptance
certificate for the respective delivery issued by the Procurement Directorate.
22.2 Rate to be used for paying the Supplier’s interest on the late payment made by
Procurement Directorate shall be [insert: rate].
Prices (GCC 23)
17 23.1 Prices shall be adjusted in accordance with provisions in the Attachment to SCC.
[To be inserted only if price is subject to adjustment.]
Liquidated Damages (GCC Clause 29)
18. 29.1 Applicable rate: [insert rate]
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19. 34.3 Dispute Resolution
(a) For Contracts to be entered with foreign Contractor/ Service Provider:
All disputes arising in connection with the present Contract shall be finally settled
under the Rules of Conciliation and Arbitration of the International Chamber of
Commerce by one or more arbitrators appointed in accordance with said Rules.
(b) For Contracts to be entered with nationals of Pakistan:
1. If any dispute of any kind whatsoever shall arise between the Procurement
Directorate and the Supplier in connection with or arising out of the Contract,
including without prejudice to the generality of foregoing, any question
regarding its existence, validity, termination and the execution of the
Contract– whether during developing phase or after their completion and
whether before or after the termination, abandonment or breach of the
Contract – the parties shall seek to resolve any such dispute or difference by
mutual diligent negotiations in good faith within 7 (seven) days following a
notice sent by one Party to the other Party in this regard.
2. At future of negotiation the dispute shall be resolved through mediation and
mediator shall be appointed with the mutual consent of the both parties.
3. At the event of failure of mediation to resolve the dispute relating to this
contract such dispute shall finally be resolved through binding Arbitration by
sole arbitrator in accordance with Arbitration Act 1940. The arbitrator shall
be appointed by mutual consent of the both parties. The Arbitration shall take
place in [Insert name of the city] and proceedings will be conducted in –
[Specify language] language.
4. The cost of the mediation and arbitration shall be shared by the parties in
equal proportion however the both parties shall bear their own costs and
lawyer’s fees regarding their own participation in the mediation and
arbitration. However, the Arbitrator may make an award of costs upon the
conclusion of the arbitration making any party to the dispute liable to pay the
costs of another party to the dispute.
5. Arbitration proceedings as mentioned in the above clause regarding
resolution of disputes may be commenced prior to, during or after delivery of
goods.
6. Notwithstanding any reference to the arbitration herein, the parties shall
continue to perform their respective obligations under the Contract unless
they otherwise agree that the Procurement Directorate shall pay the Supplier
any monies due to the Supplier.
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Form of Contract
THIS AGREEMENT made the _____ day of __________ 20_____ between [name and address of
Procurement Directorate] of Pakistan (hereinafter called “the Procurement Directorate”) of the one part and
[name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the other part:
WHEREAS the Procurement Directorate invited Bids for certain Therapeutic goods (Pharmaceuticals) and
related services, viz., [brief description of therapeutic goods and services] and has accepted a Bid by the
Supplier for the supply of those therapeutic goods and related services in the sum of [contract price in words
and figures] (hereinafter called “the Contract Price”).
1. In this Contract words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Contract, In
the event of any ambiguity or conflict between the Contract Documents listed below, the order of
precedence shall be the order in which the Contract Documents are listed below:- (a) This form of
Contract;
(b) the Form of Bid and the Price Schedule submitted by the Bidder;
(c) the Schedule of Requirements;
(d) the Technical Specifications;
(e) the Special Conditions of Contract;
(f) the General Conditions of the Contract;
(g) the Procurement Directorate’s Letter of Acceptance; and (h) [add here: any other documents]
4. The Procurement Directorate hereby covenants to pay the Supplier in consideration of the provision of
the goods and related services and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the contract at the times and in the manner
prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Contract to be executed in accordance with their
respective laws the day and year first above written.
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To: [name of Procurement Directorate]
WHEREAS [name of Supplier] (hereinafter called “the Supplier”) has undertaken, in pursuance of Contract
No. [reference number of the contract] dated [insert date] to delivery [description of therapeutic goods and
services] (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 reputable bank for the sum specified therein as security for compliance with the
Supplier’s performance obligations in accordance with the Contract.
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.
_____________________________________________________________________
[name of bank or financial institution]
_____________________________________________________________________
[address]
_____________________________________________________________________
[date]
Integrity Pact
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC. PAYABLE BY THE SUPPLIERS OF
GOODS, SERVICES & WORKS IN CONTRACTS WORTH RS.10.00 MILLION OR MORE
[Name of Supplier] hereby declares that it has not obtained or induced the procurement of any
contract, right, interest, privilege or other obligation or benefit from Government of Pakistan or any
administrative subdivision or agency thereof or any other entity owned or controlled by it (GoP) through any
corrupt business practice.
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Without limiting the generality of the foregoing [Name of Supplier] represents and warrants that it has
fully declared the brokerage, commission, fee 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 consultations fee or otherwise, with the object of obtaining or inducing the procurement of a
contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP, except that which
has been expressly declared pursuant hereto.
[Name of Supplier] certifies that it has made and will make full disclosure of all agreements and
arrangements with all persons in respect of or related to the transaction with GoP and has not taken any
action or will not take any action to circumvent the above declaration, representative or warranty.
[Name of Supplier] accepts full responsibility and strict liability for making and false declaration, not
making full disclosure, misrepresenting fact 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 GoP under any law, contract or other instrument, be voidable at the option of GoP.
Notwithstanding any rights and remedies exercised by GoP in this regard, [Name of Supplier] agrees
to indemnify GoP for any loss or damage incurred by it on account of its corrupt business practices and
further pay compensation to GoP in an amount equivalent to ten time the sum of any commission,
gratification, bribe, finder's fee or kickback given by [Name of 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 GoP.
__________________ __________________
[Buyer] [Seller/Supplier]
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Tender No. 5171/IT-3034/2024-25/FOR/Lab/Med/Proc dated 11 October 2024
Procurement of Medical Store Items (Lab Department)
Appendix I to Section E
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23. 39 Disc Fosfomycin 200 ug Bioanalyse/Equivalent 50 Disc Vial 30 15 15
24. 40 Disc Genticin 30 ug Oxide/Equivalent 50 Discs each Vial 15 8 7
25. 41 Disc Imipenem 10 ug Oxide/Equivalent 50 Discs each Vial 5 3 2
26. 42 Disc Linezolid Oxide/Equivalent 50 Discs each Vial 15 8 7
27. 43 Disc Meropenem Oxide/Equivalent 50 Discs each Vial 20 10 10
28. 44 Disc Minocyclin Bioanalyse/Equivalent 50 Disc Vial 3 2 1
29. 45 Disc Ofloxacin Bioanalyse/Equivalent 50 Disc Vial 1 1 0
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52. 123 Nutrient Broth Oxide/Sigma/Equivalent 250 gm Bott 1 1 0
53. 124 Oxidase Powder BDH/Imported 10gm Bott 3 2 1
Set of 3 x vials 10 ml
54. 125 Petri Dishes Italy Chaina Pair 3600 1800 1800
each
55. 126 Petri Dishes Small (50mm) China/Equivalent box of 500 Box 500 300 200
56. 127 Potassium hydroxide (KOH) BDH/Sigmot 1000cm Bott 1 1 0
57. 136 Sabouraud Dextrose Agar Oxide / Equivalent bott of 500gm Bottle 2 1 1
58. 137 Salmonella Serology Mast/UK/Equivalent 2ml each Vial 1 1 0
59. 140 Shigella Serology Mast/UK/Equivalent 2ml each Kit 1 1 0
60. 147 Swab Sticks (Microbiology) China/Equivalent Each No 6000 3000 3000
61. 148 TDA Reagent Oxide/Equivalent 5ml Vial 5 3 2
62. 151 Tigecycline Oxide/Sigma/Equivalent 50 Discs each Vial 6 3 3
63. 154 Tobramycin Oxoide / Equivalent 50 Discs each Vial 10 5 5
64. 173 XLD Agar Scharlab/Equivalent bott of 500gm Bott 2 6 6
65. 174 ZN Stain complete Merck/Biognest/Equivalent 3 x 500ml Kit 6 1 1
Appendix II to Section E
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8. 60 Filter Paper Round 90 mm Whatman / Equivalent Pkt of 100 Pkt 10 5 5
9. 68 G6PD Rapid ICT Care Start G6PD/Equivalent 40 test / Kit Kit 2 1 1
10. 69 Geimsa Stain Merck / Biognest/Equivalent 1000ml Bottle 3 2 1
11. 78 Iron Kit Merck / Equivalent 125 ml Kit 1 1 0
Merck/Elitech/Diasys/
12. 97 Kit Optimal Rapid Malaria Antigen Kit of 25 Tests Kit 60 20 40
Equivalent
Kit Prothrombin Time (Neoplastine/
13. 100 Stago / Merux/Equivalent 30ml Kit 30 10 20
Stago)
14. 101 Kit PTTK Stago / Merux/Equivalent 10 x 2 ml Kit 24 10 14
15. 116 Methanol / Methyl Alcohal Merck / Biognost 2.5 ltr Bottle 6 2 4
16. 134 PT Tubes 1.8 ml Trisodium Citrate Imported/XYNIL Each Tube 6000 3000 3000
Retics Stain (Briliant Cresyl Blue) ready
17. 135 Merck/Biognest 100ml Vial 3 1 2
to use
18. 145 Sudan Black Stain Sigma/Biognest 200 ml Kit 1 1 0
19. 161 Tube Capillary Germany/Equivalent Bott of 100 tubes Bott 6 2 4
20. 162 Tube Complete Picture (CP) Importede/XYNIL Single No 45000 20000 25000
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10. 64 FSH Calset Roche / Equivalent 10 Calibrators Kit 2 1 1
11. 65 FT4 Roche / Equivalent 200 Test Roche Kit 30 15 15
12. 66 FT4 Calset Roche / Equivalent 10 Calibrators Kit 3 2 1
13. 77 Iron Cal Set Roche / Equivalent 10 x caliberator Kit 2 1 1
14. 79 Iron Kit Roche / Equivalent 100 test Kit 8 5 3
15. 111 LH Roche / Equivalent 100 Test Roche Kit 12 6 6
16. 112 LH Calset Roche / Equivalent 10 Calibrators Kit 2 1 1
17. 128 Progesterone Roche / Equivalent 100 test Kit 6 3 3
18. 129 Progesterone Calset Roche / Equivalent 10 x caliberator Kit 2 1 1
19. 130 Prolactin Roche / Equivalent 100 Test Roche Kit 12 6 6
20. 131 Prolactin Calset Roche / Equivalent 10 Calibrators Kit 3 1 2
21. 132 PSA Roche / Equivalent 100 test Kit 6 3 3
22. 133 PSA Calset Roche / Equivalent 10 x caliberator Kit 2 1 1
23. 138 Sample Cup Pkt 1000 (Cobas) Roche / Equivalent Pkt of 1000 Pkt 36 18 18
24. 149 Testosterone Roche / Equivalent 100 test Kit 6 3 3
25. 150 Testosterone Calset Roche / Equivalent 10 x caliberator Kit 2 1 1
26. 155 Total T3 Roche / Equivalent 200 Test Roche Kit 30 15 15
27. 156 Total T3 Calset Roche / Equivalent 10 Calibrators Kit 3 2 1
28. 158 TSH Roche / Equivalent 200 Test Roche Kit 30 15 15
29. 159 TSH Calset Roche / Equivalent 10 Calibrators Kit 3 2 1
Universal Diluent for Dilution of Ferritin
30. 164 Roche / Equivalent Roche Bott 3 1 2
and B HCG for Cobas (auto Diluent)
31. 166 Varia Control Roche/Equivalent - Bott 8 5 3
32. 168 Vit B12 Calset Roche / Equivalent 10 x caliberator Kit 2 1 1
33. 169 Vit D total Roche / Equivalent 100 test Kit 30 15 15
34. 170 Vit D Control Roche/Equivalent - Bott 5 2 3
35. 171 Vit D total Calset Roche / Equivalent 100 Test Kit 3 2 1
36. 172 Vitamin B-12 Roche / Equivalent 100 test Kit 12 2 2
Appendix IV to Section E
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APP Nomenclature Company Packing A/U Qty First Second
Ser
Ser Demanded Batch Batch
Package 4: Chinical Pathalogy
Appendix V to Section E
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Appendix VI to Section E
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27. 153 Tips Yellow Local Pack of 1000 Pack 50 20 30
28. 157 Trop-T ICT Roche / Equivalent Each Kit 2500 1000 1500
29. 160 Tube Blood Glucose Imported/XYNIL Single No 3600 20000 16000
30. 163 Tube Plain (Clote Activator) VD / Imported Single No 45000 20000 25000
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21. 193 Tissue Cassettes Cytoline pieces of 250 Pkt 8 5 3
22. 194 Indian Ink Imported 50 ml Bott 1 1 0
23. 195 Xylene Merck/Sharlau/Equivalent 2.5 ltr Bott 50 50 30
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