(01)

STANDARD FORM OF BIDDING DOCUMENTS

(Single Stage One Envelope)

PROVIDING & FIXING OF SOLAR SYSTEM ALONG WITH ALLIED

WORKS AT REGIONAL TRAINING CENTER LESCO 220 KV GRID
STATION BAND ROAD LAHORE

(On item rate basis)

OFFICE OF DEPUTY MANAGER CIVIL WORKS LESCO

Address : 1322 KV Grid Station PWR Garhi Shahu Lahore
Phone : 042-36361082
E-mail : [email protected]

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 LAHORE ELECTRIC SUPPLY COMPANY

TENDER/BIDDING DOCUMENTS
FOR

Name, Address and Category of the Register -----------------------------------------------------

Contractor to whom these Tender Documents are
issued for Tendering -----------------------------------------------------

Designation and Address of the WAPDA/LESCO Registered with Pakistan Engineering Council
Office with whom Register -----------------------------------------------------

Signature of LESCO Officer who -----------------------------------------------------

issues these Tender Documents
to the above Terderer -----------------------------------------------------

Name (in Block Letters), MUHAMMAD ABDUL MOBEEN

Designation and Address of 132KV GRID STATION PWR LAHORE
LESCO’S above Officer -----------------------------------------------------

2
INSTRUCTIONS TO
USERS OF
THIS DOCUMENT

3
 SUMMARY OF CONTENTS

Sr. No. Description Page No

I Invitation For Bids 05

II Instructions To Bidders & Bidding Data 09

III Form Of Bid & Schedules To Bid 29

IV Conditions Of Contract & Contract Data 37

V Standard Forms 56

VI Specifications 61

VII Drawings 62

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INVITATION
FOR
BIDS

5
 INVITATION FOR BIDS
Date: ______________
Bid Reference No.: ______________

1. The Employer, LESCO through Deputy Manager Civil Works LESCO, invites sealed
bids from eligible firms or persons licensed by the Pakistan Engineering Council in the
appropriate category and duly qualified with the Employer for the Works,

PROVIDING & FIXING OF SOLAR SYSTEM ALONG WITH ALLIED WORKS

AT REGIONAL TRAINING CENTER LESCO 220 KV GRID STATION BAND
ROAD LAHORE

(On Item rate basis)

which will be completed in 60 days.

2. A complete set of Bidding Documents may be purchased by an interested eligible bidder

on submission of a written application to the office given below and upon payment of a
non-refundable fee of Rupees Rs. 3000/- Bidders may acquire the Bidding Documents
from the Office of the Employer, Deputy Manager Civil Works Division LESCO at
132 KV Grid Station PWR Near Karachi Phatak Gharhi Shahu Lahore

3. All bids must be accompanied by a Bid Security of amount Rs.250,000/- (In case of less
amount or non-attachment of CDR, rate will not be considered) and must be delivered to
Deputy Manager Civil Works LESCO 132 KV Grid Station PWR Near Karachi
Phatak Gharhi Shahu Lahore at or before 11:30 AM on Date 20.06.2025. Bids will be
opened at 12:00 PM on the same day in the presence of bidders’ representatives who
choose to attend, at the same address

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7
INSTRUCTIONS
TO BIDDERS
&
BIDDING DATA

8
 TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS

Clause No. Description Page No.

A. GENERAL

IB.1 Scope of Bid & Source of Funds 9

IB.2 Eligible Bidders 9
IB.3 Cost of Bidding 9

B. BIDDING DOCUMENTS

IB.4 Contents of Bidding Documents 10

IB.5 Clarification of Bidding Documents 10
IB.6 Amendment of Bidding Documents 10

C. PREPARATION OF BID

IB.7 Language of Bid

IB.8 Documents Comprising the Bid
IB.9 Sufficiency of Bid
IB.10 Bid Prices, Currency of Bid & Payment
IB.11 Documents Establishing Bidder’s Eligibility and
Qualifications
IB.12 Documents Establishing Works
Conformity to Bidding Documents
IB.13 Bidding Security
IB.14 Validity of Bids, Format, Signing and Submission of Bid

D. SUBMISSION OF BID
Deadline for Submission, Modification & Withdrawal of
IB.15 Bids 15

E. BID OPENING AND EVALUATION

IB.16 Bid Opening, Clarification and Evaluation 15
IB.17 Process to be Confidential 18

F. AWARD OF CONTRACT

IB.18 Qualification 18
IB.19 Award Criteria & Employers Right 18
IB.20 Notification of Award & Signing of Contract Agreement 19
IB.21 Performance Security 19
IB.22 Integrity Pact 20
 INSTRUCTIONS TO BIDDERS

(Note: These Instructions to Bidders (IB) along with Bidding Data will not be part of
Contract and will cease to have effect once the Contract is signed).

A. GENERAL

IB.1 Scope of Bid & Source of Funds

1.1 Scope of Bid

The Employer as defined in the Bidding Data (hereinafter called “the Employer”)
wishes to receive Bids for the Works summarized in the Bidding Data (hereinafter
referred to as “the Works”).

Bidders must quote for the complete scope of work. Any Bid covering partial scope of
work will be rejected as non-responsive.

1.2 Source of Funds

The Employer has arranged funds from its own sources. [or any other source which
may be indicated accordingly]

IB.2 Eligible Bidders

2.1 Bidding is open to all firms and persons meeting the following requirements:

a) Duly licensed by the Pakistan Engineering Council (PEC) in the

appropriate category for value of Works.

b) Duly pre-qualified/enlisted with the Employer.

IB.3 Cost of Bidding

3.1 The bidder shall bear all costs associated with the preparation and submission of its bid
and the Employer will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the bidding process.

B. BIDDING DOCUMENTS

IB.4 Contents of Bidding Documents

4.1 In addition to Invitation for Bids, the Bidding Documents are those stated below,

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 and should be read in conjunction with any Addendum issued in accordance with Sub-
Clause IB.6.1.

1. Instructions to Bidders & Bidding Data

2. Form of Bid & Schedules to Bid
Schedules to Bid comprise the
following:
(i) Schedule A: Schedule of Prices
(ii) Schedule B: Specific Works Data
(iii) Schedule C: Works to be Performed by Subcontractors
(iv) Schedule D: Proposed Programme of Works
(v) Schedule E: Method of Performing Works
(vi) Schedule F: Integrity Pact
3. Conditions of Contract & Contract Data
4. Standard Forms:
(i) Form of Bid Security
(ii) Form of Performance Security
(iii) Form of Contract Agreement
(iv) Form of Bank Guarantee for Advance Payment
5. Specifications
6. Drawings, if any

IB.5 Clarification of Bidding Documents

5.1 A prospective bidder requiring any clarification(s) in respect of the Bidding

Documents may notify the Engineer/Employer at the Employer’s/Engineer’s address
indicated in the Bidding Data.

5.2 The Engineer/Employer will respond to any request for clarification which it receives
earlier than ten (10) days prior to the deadline for the submission of Bids. Copies of the
Engineer/Employer’s response will be forwarded to all prospective bidders, at least
five
(5) days prior to dead line for submission of Bids, who have received the Bidding
Documents including a description of the enquiry but without identifying its source.

IB.6 Amendment of Bidding Documents

6.1 At any time prior to the deadline for submission of Bids, the Employer may, for any
reason, whether at his own initiative or in response to a clarification requested by a
prospective bidder, modify the Bidding Documents by issuing addendum.

6.2 Any addendum thus issued shall be part of the Bidding Documents pursuant to Sub-

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 Clause 6.1 hereof, and shall be communicated in writing to all purchasers of the
Bidding Documents. Prospective bidders shall acknowledge receipt of each addendum
in writing to the Employer.

6.3 To afford prospective bidders reasonable time in which to take an addendum into
account in preparing their Bids, the Employer may at its discretion extend the deadline
for submission of Bids.

C. PREPARATION OF BIDS

IB.7 Language of Bid

7.1 The bid prepared by the bidder and all correspondence and documents relating to the
Bid, exchanged by the bidder and the Employer shall be written in the English
language, provided that any printed literature furnished by the bidder may be written in
another language so long as accompanied by an English translation of its pertinent
passages in which case, for purposes of interpretation of the Bid, the English
translation shall govern.

IB.8 Documents Comprising the Bid

8.1 The bid prepared by the bidder shall comprise the following components:

(a) Covering Letter

(b) Form of Bid duly filled, signed and sealed, in accordance with Sub-Clause
IB.14.3.

(c) Schedules (A to F) to Bid duly filled and initialed, in accordance with

the instructions contained therein & in accordance with Sub-Clause IB14.3.

(d) Bid Security furnished in accordance with Clause IB.13.

(e) Power of Attorney in accordance with Sub-Clause IB 14.5.

(f) Documentary evidence in accordance with Clause IB.11

(g) Documentary evidence in accordance with Clause IB.12.

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IB.9 Sufficiency of Bid
9.1 Each bidder shall satisfy himself before Bidding as to the correctness and sufficiency
of his Bid and of the rates and prices entered in the Schedule of Prices, which rates and
prices shall except in so far as it is otherwise expressly provided in the Contract, cover
all his obligations under the Contract and all matters and things necessary for the
proper completion of the Works.

9.2 The bidder is advised to obtain for himself at his own cost and responsibility all
information that may be necessary for preparing the bid and entering into a Contract
for execution of the Works.
IB.10 Bid Prices, Currency of Bid and Payment

10.1 The bidder shall fill up the Schedule of Prices (Schedule A to Bid) indicating the unit
rates and prices of the Works to be performed under the Contract. Prices in the
Schedule of Prices shall be entered keeping in view the instructions contained in the
Preamble to Schedule of Prices.
10.2 Unless otherwise stipulated in the Conditions of Contract, prices quoted by the bidder
shall remain fixed during the bidder’s performance of the Contract and not subject to
variation on any account.

10.3 The unit rates and prices in the Schedule of Prices shall be quoted by the bidder in the
currency as stipulated in Bidding Data.

IB.11 Documents Establishing Bidder’s Eligibility and Qualifications

11.1 Pursuant to Clause IB.8, the bidder shall furnish, as part of its bid, documents
establishing the bidder’s eligibility to bid and its qualifications to perform the Contract
if its bid is accepted.

11.2 Bidder/Manufacturer must possess and provide evidence of its capability and the
experience as stipulated in Bidding Data and the Qualification Criteria stipulated in the
Bidding Documents.

IB.12 Documents Establishing Works’ Conformity to Bidding Documents

12.1 The documentary evidence of the Works’ conformity to the Bidding Documents may
be in the form of literature, drawings and data and the bidder shall furnish
documentation as set out in Bidding Data.

12.2 The bidder shall note that standards for workmanship, material and equipment, and
references to brand names or catalogue numbers, if any, designated by the Employer
in the Technical Provisions are intended to be descriptive only and not restrictive.

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IB.13 Bid Security

13.1 Each bidder shall furnish, as part of his bid, at the option of the bidder, a Bid Security
in the amount stipulated in Bidding Data in Pak. Rupees in the form of Deposit at Call
or a Bank Guarantee issued by a Scheduled Bank in Pakistan or an insurance company
having alteast AA rating from PACRA/JCR in favour of the Employer valid for a
period up to twenty eight (28) days beyond the bid validity date.

13.2 Any bid not accompanied by an acceptable Bid Security shall be rejected by the
Employer as non-responsive.

13.3 The bid securities of unsuccessful bidders will be returned upon award of contract to
the successful bidder or on the expiry of validity of Bid Security whichever is earlier.

13.4 The Bid Security of the successful bidder will be returned when the bidder has
furnished the required Performance Security, pursuant to Clause IB.21 and signed the
Contract Agreement, pursuant to Sub-Clauses IB.20.2 & 20.3.

13.5 The Bid Security may be forfeited:

(a) if a bidder withdraws his bid during the period of bid validity; or

(b) if a bidder does not accept the correction of his Bid Price, pursuant to Sub-
Clause
16.4 (b) hereof; or

(c) in the case of a successful bidder, if he fails to:

(i) furnish the required Performance Security in accordance with Clause

IB.21, or

(ii) sign the Contract Agreement, in accordance with Sub-Clauses IB.20.2

& 20.3.

IB.14 Validity of Bids, Format, Signing and Submission of Bid

14.1 Bids shall remain valid for the period stipulated in the Bidding Data after the date of
bid opening.

14.2 All Schedules to Bid are to be properly completed and signed.

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14.3 No alteration is to be made in the Form of Bid except in filling up the blanks as
directed. If any alteration be made or if these instructions be not fully complied with,
the bid may be rejected.

14.4 Each bidder shall prepare Original and number of copies specified in the Bidding Data
of the documents comprising the bid as described in Clause IB.8 and clearly mark
them “ORIGINAL” and “COPY” as appropriate. In the event of discrepancy between
them, the original shall prevail.

14.5 The original and all copies of the bid shall be typed or written in indelible ink and shall
be signed by a person or persons duly authorized to sign (in the case of copies,
Photostats are also acceptable). This shall be indicated by submitting a written Power
of Attorney authorising the signatory of the bidder to act for and on behalf of the
bidder. All pages of the bid shall be initialed and official seal be affixed by the person
or persons signing the bid.

14.6 The Bid shall be delivered in person or sent by registered mail at the address to
Employer as given in Bidding Data.

D. SUBMISSION OF BID

IB.15 Deadline for Submission, Modification & Withdrawal of Bids

15.1 Bids must be received by the Employer at the address/provided in Bidding Data not
later than the time and date stipulated therein.

15.2 Bids submitted through telegraph, telex, fax or e-mail shall not be considered.

15.3 Any bid received by the Employer after the deadline for submission prescribed in
Bidding Data will be returned unopened to such bidder.

15.4 Any bidder may modify or withdraw his bid after bid submission provided that the
modification or written notice of withdrawal is received by the Employer prior to the
deadline for submission of bids.

15.5 Withdrawal of a bid during the interval between the deadline for submission of bids
and the expiration of the period of bid validity specified in the Form of Bid may result
in forfeiture of the Bid Security pursuant to Sub-Clause IB.13.5(a).

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 E. BID OPENING AND EVALUATION

IB.16 Bid Opening, Clarification and Evaluation

16.1 The Employer will open the bids, in the presence of bidders’ representatives who
choose to attend, at the time, date and location stipulated in the Bidding Data.

16.2 The bidder’s name, Bid Prices, any discount, the presence or absence of Bid Security,
and such other details as the Employer at its discretion may consider appropriate, will
be announced by the Employer at the bid opening. The Employer will record the
minutes of the bid opening. Representatives of the bidders who choose to attend shall
sign the attendance sheet.
Any Bid Price or discount which is not read out and recorded at bid opening will not be
taken into account in the evaluation of bid.

16.3 To assist in the examination, evaluation and comparison of Bids the

Engineer/Employer may, at its discretion, ask the bidder for a clarification of its Bid.
The request for clarification and the response shall be in writing and no change in the
price or substance of the Bid shall be sought, offered or permitted.

16.4 (a) Prior to the detailed evaluation, pursuant to Sub-Clauses IB.16.7 to 16.9, the
Engineer/Employer will determine the substantial responsiveness of each bid to
the Bidding Documents. For purpose of these Clauses, a substantially
responsive bid is one which conforms to all the terms and conditions of the
Bidding Documents without material deviations. It will include to determine
the requirements listed in Bidding Data.
(b) Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the
total price shall be corrected. If there is a discrepancy between the words and
figures the amount in words shall prevail. If there is a discrepancy between the
Total Bid price entered in Form of Bid and the total shown in Schedule of
Prices-Summary, the amount stated in the Form of Bid will be corrected by the
Employer in accordance with the Corrected Schedule of Prices. If the bidder
does not accept the corrected amount of Bid, his Bid will be rejected and his
Bid Security forfeited.

16.5 A Bid determined as substantially non-responsive will be rejected and will not
subsequently be made responsive by the bidder by correction of the non-conformity.

16.6 Any minor informality or non-conformity or irregularity in a Bid which does not
constitute a material deviation may be waived by Employer, provided such waiver

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 does not prejudice or affect the relative ranking of any other bidders.

16.7 The Engineer/Employer will evaluate and compare only the bids previously
determined to be substantially responsive pursuant to Sub-Clauses IB.16.4 to 16.6 as
per requirements given hereunder. Bids will be evaluated for complete scope of works.
The prices will be compared on the basis of the Evaluated Bid Price pursuant to Sub-
Clause
16.8 herein below.

(a) Technical Evaluation

It will be examined in detail whether the Works offered by the bidder complies
with the Technical Provisions of the Bidding Documents. For this purpose, the
bidder’s data submitted with the bid in Schedule B to Bid will be compared
with technical features/criteria of the Works detailed in the Technical
Provisions. Other technical information submitted with the bid regarding the
Scope of Work will also be reviewed.
(b) Commercial Evaluation
It will be examined in detail whether the bids comply with the
commercial/contractual conditions of the Bidding Documents. It is expected
that no material deviation/stipulation shall be taken by the bidders.
16.8 Evaluated Bid Price
In evaluating the bids, the Engineer/Employer will determine for each bid in addition
to the Bid Price, the following factors (adjustments) in the manner and to the extent
indicated below to determine the Evaluated Bid Price:

(i) making any correction for arithmetic errors pursuant to Sub-Clause 16.4 hereof.

(ii) making an appropriate price adjustment for any other acceptable variation
or deviation.

(iii) making an appropriate price adjustment for Deviations in terms of Payments (if
any and acceptable to the Employer).

(iv) discount, if any, offered by the bidders as also read out and recorded at the time
of bid opening.

16.9 Evaluation Methods

Pursuant to Sub-Clause 16.8, Para (ii), and (iii) following evaluation methods for price
adjustments will be followed:

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 (i) Price Adjustment for Technical Compliance

The cost of making good any deficiency resulting from technical non
compliance will be added to the Corrected Total Bid Price for
comparison purposes only. The adjustments will be applied taking the
highest price quoted by other bidders being evaluated in detail in their
original Bids for corresponding item. In case of non availability of price
from other bidders, the price will be estimated by the
Engineer/Employer.

(ii) Price Adjustment for Commercial Compliance

The cost of making good any deficiency resulting from any quantifiable
variations and deviations from the Bid Schedules and Conditions of
Contract, as determined by the Engineer/Employer will be added to the
Corrected Total Bid Price for comparison purpose only. Adjustment for
commercial compliance will be added to the Corrected Total Bid Prices.
(iii) Price Adjustment for Deviation in Terms of

Payments Refer to Bidding Data

IB.17 Process to be Confidential

17.1 Subject to Sub-Clause IB.16.3 heretofore, no bidder shall contact Engineer/Employer

on any matter relating to its Bid from the time of the Bid opening to the time the bid
evaluation result is announced by the Employer. The evaluation result shall be
announced at least ten (10) days prior to award of Contract. The announcement to all
bidders will include table(s) comprising read out prices, discounted prices, price
adjustments made, final evaluated prices and recommendations against all the bids
evaluated.
17.2 Any effort by a bidder to influence Engineer/Employer in the Bid evaluation, Bid
comparison or Contract Award decisions may result in the rejection of his Bid.
Whereas, any bidder feeling aggrieved may lodge a written complaint not later than
fifteen (15) days after the announcement of the bid evaluation result, however, mere
fact of lodging a complaint shall not warrant suspension of procurement process.

F. AWARD OF CONTRACT

IB.18. Post Qualification

18.1 The Employer, at any stage of the bid evaluation, having credible reasons for or prima
facie evidence of any defect in supplier’s or contractor’s capacities, may require the
suppliers or contractors to provide information concerning their professional, technical,
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 financial, legal or managerial competence whether already pre-qualified or not:

Provided that such qualification shall only be laid down after recording reasons therefor
in writing. They shall form part of the records of that bid evaluation report.

18.2 The determination will take into account the bidder’s financial and technical
capabilities. It will be based upon an examination of the documentary evidence of the
bidders’ qualifications submitted under Clause IB.11, as well as such other information
required in the Bidding Documents.

IB.19 Award Criteria & Employer’s Right

19.1 Subject to Sub-Clause IB.19.2, the Employer will award the Contract to the bidder
whose bid has been determined to be substantially responsive to the Bidding
Documents and who has offered the lowest evaluated Bid Price, provided that such
bidder has been determined to be qualified to satisfactory perform the Contract in
accordance with the provisions of Clause IB.18.

19.2 Not with standing Sub-Clause IB.19.1, the Employer reserves the right to accept or
reject any bid, and to annul the bidding process and reject all bids, at any time prior to
award of Contract, without thereby incurring any liability to the affected bidders or any
obligation to inform the affected bidders of the grounds for the Employer’s action
except that the grounds for its rejection of all bids shall upon request be
communicated, to any bidder who submitted a bid, without justification of the grounds.
Notice of the rejection of all the bids shall be given promptly to all the bidders.

IB.20 Notification of Award & Signing of Contract Agreement

20.1 Prior to expiration of the period of bid validity prescribed by the Employer, the
Employer will notify the successful bidder in writing (“Letter of Acceptance”) that his
bid has been accepted.

20.2 Within seven (7) days from the date of furnishing of acceptable Performance Security
under the Conditions of Contract, the Employer will send the successful bidder the
Form of Contract Agreement provided in the Bidding Documents, incorporating all
agreements between the parties.

20.3 The formal Agreement between the Employer and the successful bidder shall be
executed within seven (7) days of the receipt of Form of Contract Agreement by the
successful bidder from the Employer.

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IB.21 Performance Security

21.1 The successful bidder shall furnish to the Employer a Performance Security in the form
and the amount stipulated in the Conditions of Contract within a period of fourteen
(14) days after the receipt of Letter of Acceptance.
21.2 Failure of the successful bidder to comply with the requirements of Sub-Clauses
IB.20.2 & 20.3 or 21.1 or Clause IB.22 shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid Security.

IB.22 Integrity Pact

The Bidder shall sign and stamp the Form of Integrity Pact provided at Schedule-F to
Bid in the Bidding Document for all Federal Government procurement contracts
exceeding Rupees ten (10) million. Failure to provide such Integrity Pact shall make
the bid non- responsive.

NOTE:

The above bidding conditions are generic as mentioned in standard

PEC documents and are modified/ substituted as per client
requirement in bidding data section.

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 BIDDING DATA

(This section should be filled in by the Engineer/Employer before issuance of the Bidding
Documents. The following specific data for the Works to be tendered shall complement, amend,
or supplement the provisions in the Instructions to Bidders. Wherever there is a conflict, the
provisions herein shall prevail over those in the Instructions to Bidders.)

A. Instructions to Bidders

Clause Reference

IB.1 Scope of Bid & Source of Funds

1.1 Scope of Bid

LESCO through Deputy Manager Civil Works LESCO

__________________________________________________________

Brief Description of Works

Providing & Fixing of Solar System along with allied works at Regional Training
Center LESCO 220 KV Grid Station Band Road Lahore

(On item rate basis)

1.2 Source of Fund

LESCO Own Resource Budget allocated for works.

IB.2 Eligible Bidders

This Clause IB.2 is substituted with the following:

Bidding is open to all firms and persons meeting the following requirements:

(a) Duly licensed and renewed by the Pakistan Engineering Council (PEC) for FY 2024-
25 in the financial category of C-6 & above and Technical category of CE-10 & EE-
11 (i) and duly registered and renewed with Ministry of Energy Power Division
(PPIB).
(b) The contractors are required to submit their registration with Punjab Revenue
Authority (PRA certificate to be attached).

(c) Having active NTN Number.

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IB.3 Cost of Bidding

No Change in this clause.

IB.4 Contents of Bidding Documents

This clause is substituted with the following

4.1 In addition to Invitation for Bids, the Bidding Documents are those stated below, and
should be read in conjunction with any Addendum issued in accordance with Sub-Clause
IB 6.1.

1. Instructions to Bidders & Bidding Data

2. Form of Bid & Schedules to Bid

Schedules to Bid comprise the following:
(i) Schedule A: Schedule of Prices
(ii) Schedule F: Integrity Pact (in case of work more than 10 million)

3. Conditions of Contract & Contract Data

4. Standard Forms:
(i) Form of Bid Security
(ii) Form of Performance Security
(iii) Form of Contract Agreement
(iv) Form of Bank Guarantee

5. Specifications

6. Drawings, if any

IB.5 Clarification of Bidding Documents

5.1 No Change in this Sub Clause

5.2 This Sub Clause is substituted with the following

The Employer will respond to any request for clarification which he receives earlier
than 07 days prior to the deadline for submission of bids.

IB.6 Amendment of Bidding Documents

No change in this clause

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IB.7 Language of Bid

No change in this clause

IB.8 Documents Comprising the Bid

This clause is substituted with the following:

The bid prepared by the bidder’s shall comprise of the following components:

1. Bid security amount as per Sub Clause 13.1 of Bidding Data

2. Bidder attested Copy of Pakistan Engineering Council (PEC) License for FY

2024-25 in the Financial Category of C-6 & above and Technical Category of C-
10 & EE-11 (i) and copy of renewed & registered with Ministry of Energy Power
Division (PPIB) certificate.

3. Bidder attested Copy of Registration certificate in Punjab Revenue Authority

(PRA) and active NTN tax pay certificate.

4. Bidder attested copy of 02 Nos. of work orders of similar nature works experience
at least 40KW or above solar system of same PEC Category, completed
satisfactorily with completion certificates.

5. Form of bid to be properly filled, signed and stamped by the bidder.

6. Complete bidding documents must be properly filled signed and stamped by the
bidder.
7. Page marking must be done by bidder otherwise responsibility will be with
bidder.

NOTE: In case of any forged documents has been found bidder / joint venture both parties
will be declared not only non-responsive but also debarring / blacklisting as per
PPRA Rules.

IB.9 Sufficiency of Bid

No change in this Clause.

IB.10 Bid Prices, Currency of Bid and Payment

10.1 No change in this Clause

10.2 No Change in this Clause

10.3 Bid shall be quoted entirely in Pak. Rupees. The payment shall be made in Pak. Rupees.

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IB.11 Documents Establishing Bidder’s Eligibility and Qualifications
This clause is substituted with the following:

1. Bid security amount as per Sub Clause 13.1 of Bidding Data

2. Bidder attested Copy of Pakistan Engineering Council (PEC) License for FY
2024-25 in the Financial Category of C-6 & above and Technical Category of C-
10 & EE-11 (i) and copy of renewed & registered with Ministry of Energy Power
Division (PPIB) certificate.

3. Bidder attested Copy of Registration certificate in Punjab Revenue Authority

(PRA) and active NTN tax payer certificate.

4. Bidder attested copy of 02 Nos. of work orders of similar nature works experience
at least 40KW or above solar system of same PEC Category, completed
satisfactorily with completion certificates.
5. Form of bid to be properly filled, signed and stamped by the bidder.
6. Complete bidding documents must be properly filled signed and stamped by the
bidder.
7. Page marking must be done by bidder otherwise responsibility will be with
bidder.
IB.12 Documents Establishing Works’ Conformity to Bidding Documents
This Clause is substituted with the following:

02 Nos. of work orders of similar nature works experience at least 40KW or above solar
system of same PEC Category, completed satisfactorily with completion certificates.
IB.13 Bid Security
13.1 This Sub Clause 13.1 is substituted with the following in addition of Sub Clause
13.1.1, 13.1.2 & 13.1.3:
Amount of Bid Security:
The amount of Bid Security is in Rs.250,000/- in the shape of CDR/Pay Order to be
issue only from participating firm’s account, to be attached with Proposa l.
In order to be considered, bid security should be valid for 120 days after the date of
tender opening in the form of CDR / Bank Draft or Pay Order or in lieu thereof a Bid
Security issued by schedule Banks of Pakistan except M/s. Summit Bank and Al-
Baraka Bank whose bid Securities/ bank guarantees are not acceptable (Insurance
guarantee will not be accepted as bid security). Bid security will not be return until
publication of tender evaluation report.
Bank guarantee/CDR/Pay Order of only following authorized banks will be
entertained as bid security.
24
Note: If the bank guarantee of banks other than above is submitted/attached, then bid
security of the same will not be accepted. Insurance guarantee will not be accepted as bid
security

25
13.1.1 In addition to above, it would be more appropriate, if bank guarantee / bid guarantee issued by
the bank with whom LESCO is maintaining business relations / portfolio may be preferred to
secure the financial interest of LESCO.

13.1.2 In case, the tenderer withdraws his tender / offer during the period of tender validity or
successful tenderer fails to furnish the required Performance Bond/Security or sign the
Contract Agreement/ Acknowledgment of the Purchase Order, the amount of Bid
Bond/Tender Security will be forfeited in favour of LESCO. Competent authority may take
further actions as deemed fit under the rules like blacklisting of the defaulter firm and
purchase of same item from elsewhere without any notice at the firm’s risk and cost etc. The
Bid Security from any Insurance Company will not be acceptable in any case and Bid will be
liable for rejection. However, procuring agency can request to bidder for further extension of
bid validity without any change in rate, terms and conditions of the bidding documents.

13.1.3 The Bid Security of a joint venture shall be deemed to provide full commitment from all
partners to the proposed joint venture.

13.2 No change in this Clause

13.3 No change in this Clause

13.4 No change in this Clause

13.5 This Sub Clause 13.5 is substituted with the following:-

(a) No change in this Sub Clause

(b) No change in this Sub Clause

(c) The substitute of this Sub Clause of 13.5 is as under:-

In the case of successful bidder, if he fails within the specified time limit to:

(i) Furnish the required Performance Security; or

(ii) Sign the Contract Agreement

IB.14 Validity of Bids, Format, Signing and Submission of Bid

14.1 Period of Bid Validity

120 days.

14.2 No change in this Sub Clause

26
14.3 No change in this Sub Clause.

14.4 This Sub Clause 14.4 is substituted with the following:

Each bidder shall prepare and submit One Original Copy specified in the Bidding Data
of the documents comprising the bid as described in Clause IB.8 clearly marked with
Name of Works and Identification Number of the Contract.

14.5 This sub clause 14.5 is substituted with the following:

The original bid shall be typed or written in indelible ink and shall be signed and stamped
by the bidder.

14.6 (a) Employer's Address for the Purpose of Bid Submission

(Deputy Manager Civil Works Division LESCO at 132 KV Grid Station PWR near Karachi
Phatak Gharhi Shahu Lahore)

IB.15 Deadline for Submission, Modification & Withdrawal of Bids

15.1 This Sub Clause 15.1 is substituted with the following:

Deadline for Submission of Bids

11:30 AM on 20.06.2025

15.2 No Change in this Sub Clause.

15.3 No Change in this Sub Clause

15.4 No Change in this Sub Clause

15.5 No Change in this Sub Clause

16. Bid Opening, Clarification and Evaluation

16.1 Venue, Time, and Date of Bid Opening

Venue: Deputy Manager Civil Works LESCO

Time: 12:00 PM
Date: 20.06.2025

16.2 No Change in this Sub Clause.

27
16.3 No Change in this Sub Clause.

16.4 No Change in this Sub Clause.

16.5 No Change in this Sub Clause.

16.6 No Change in this Sub Clause.

16.7 No Change in this Sub Clause.

16.8 No Change in this Sub Clause.

16.9 No Change in this Sub Clause.

IB.17 Process to be Confidential

No change in this Clause

IB.18. Post Qualification

28
 Responsiveness of Bids (On Post Qualification Basis)

Single Stage One Envelope Post Qualification procedure is adopted and responsiveness will be
established on following basis:

(i) Bid security amount as per Sub Clause 13.1 of Bidding Data.
(ii) Bidder attested Copy of Pakistan Engineering Council (PEC) License for FY
2024-25 in the Financial Category of C-6 & above and Technical Category of C-
10 & EE-11 (i) and copy of renewed & registered with Ministry of Energy Power
Division (PPIB) certificate.
(iii) Bidder attested Copy of Registration certificate in Punjab Revenue Authority
(PRA) and active NTN tax payer certificate.
(iv) Bidder attested copy of 02 Nos. of work orders of similar nature works experience
at least 40KW or above solar system of same PEC Category, completed
satisfactorily with completion certificates.
(v) Form of bid to be properly filled, signed and stamped by the bidder.
(vi) Complete bidding documents must be properly filled signed and stamped by the
bidder.
(vii) Page marking must be done by bidder otherwise responsibility will be with
bidder.

(viii) The Bid is valid.

(ix) The Bid prices are firm during currency of contract.

(x) Completion period offered is within specified limits.

(xi) The Bidder/Manufacturer is eligible to Bid and possesses the requisite

experience, capability and qualification.

(xii) The Bid does not deviate from basic technical requirements

(xiii) The Bids are generally in order, etc.

IB.19 Award Criteria & Employer’s Right

No change in this Clause

IB.20 Notification of Award & Signing of Contract Agreement

No change in this Clause

IB.21 Performance Security

29
21.1 No Change in this Sub Clause.
21.2 No Change in this Sub Clause.

21.3 This Sub Clause 21.3 is added in Clause IB.21

Form and amount of Performance Security acceptable to the Employer:

Successful bidder will have to submit a Performance Guarantee/ Security in the shape of
CDR / Pay Order / Bank Draft / Bank Guarantee on the specified Proforma (valid until
completion period of work) from any Scheduled Bank in Pakistan for an amount equal to
10% of the Contract Price stated in the Letter of Acceptance & should be submitted
within 14 days after receipt of Letter of Acceptance. Performance Bond / Security must
be issued by any schedule Bank of Pakistan except M/s. Summit Bank and Al-Baraka
Bank whose bank guarantee / performance guarantee is not acceptable to LESCO.
Insurance Guarantee as performance security will not be accepted. Bank guarantee
of only following authorized banks will be entertained as performance security.

IB.22 Integrity Pact (applicable in works more than 10 million)

No Change in this Clause

30
 SPECIAL STIPULATIONS
Clause
Conditions of Contract

1. Engineer’s Authority to issue Variation in As per departmental and PPRA Rules.

emergency
2. Amount of Performance Security Bank Guarantee/CDR/Pay order equals to 10% of
Contract Price stated in the Letter of acceptance.
Insurance Guarantee will not be accepted as
Performance Security.
3. Time for Furnishing Programme Within 14 days from the date of receipt of Letter of
Acceptance.
5. Time for Commencement Within 14 days from the date of receipt of Engineer’s
Notice to Commence.
6. Time for Completion 60 days from the date of receipt of Engineer’s Notice
to Commence.
7. Amount of Liquidated Damages 0.1% for each day of delay in completion of the
Works subject to a maximum of 10% of Contract
Price stated in the Letter of Acceptance.
8. Defects Liability Period 12 months from the date of Completion
9. Percentage of Retention Money 10% security will be deducted, out of which 5% will
be released on satisfactory completion of work &
remaining 5% will be released on expiry of defect
liability period.
10 Limit of Retention Money 5% of contract price stated in letter of acceptance.

11 Minimum amount of Interim Payment As per site executed work and engineer incharge
Certificates (Running Bills) decision
12 Time of Payment from delivery of Engineer’s 60 days
Interim Payment Certificate to the Employer.
14 Mobilization Advance * (Interest Free) Not Applicable

15 Price Adjustment Not Applicable

Note: If lowest responsive bidder fails to deposit Performance Guarantee within 14 days
of issuance of Letter of Acceptance, his deposited CDR will be forfeited and work
will be awarded to 2nd lowest responsive bidder.

31
FORM OF BID AND SCHEDULES TO BID

32
 FORM OF BID

(LETTER OF OFFER)

Bid Reference No. ___________________

_____________________________________
_____________________________________
(Name of Works)

To:
_______________________________
_______________________________
_______________________________

Gentlemen,

1. Having examined the Bidding Documents including Instructions to Bidders, Bidding

Data, Conditions of Contract, Contract Data, Specifications, Drawings, if any, Schedule
of Prices and Addenda Nos. _________________________ for the execution of the
above-named Works, we, the undersigned, being a company doing business under the
name of and address ________________________________________
______________________________________________________ and being duly
incorporated under the laws of Pakistan hereby offer to execute and complete such
Works and remedy any defects therein in conformity with the said Documents including
Addenda thereto for the Total Bid Price of
Rs________________(Rupees_________________________) or such other sum as may
be ascertained in accordance with the said Documents.

2. We understand that all the Schedules attached hereto form part of this Bid.

3. As security for due performance of the undertakings and obligations of this Bid, we
submit herewith a Bid Security in the amount of ____________
________________________ drawn in your favor or made payable to you and valid for a
period of twenty eight (28) days beyond the period of validity of Bid.

4. We undertake, if our Bid is accepted, to commence the Works and to deliver and
complete the Works comprised in the Contract within the time(s) stated in Contract Data.

5. We agree to abide by this Bid for the period of ______ days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

6. Unless and until a formal Agreement is prepared and executed, this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.

7. We undertake, if our Bid is accepted, to execute the Performance Security referred to in

Conditions of Contract for the due performance of the Contract.

33
8. We understand that you are not bound to accept the lowest or any bid you may receive.

9. We do hereby declare that the Bid is made without any collusion, comparison of figures
or arrangement with any other person or persons making a bid for the Works.

Dated this _______________day of _____________, 20

Signature ________________

in the capacity of _____________duly authorized to sign bid for and on behalf of

_______________________________
(Name of Bidder in Block Capitals)
(Seal)

Address _____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Witness:

(Signature)______________________________

Name:_______________________________________________________________
Address: _____________________________________________________________
_____________________________________________________________________

34
 SCHEDULE A TO BID

PREAMBLE TO SCHEDULE OF PRICES

1. General

1.1 The Schedule of Prices shall be read in conjunction with the Conditions of
Contract, Contract Data together with the Specifications and Drawings, if any.

1.2 The Contract shall be for the whole of the Works as described in these Bidding
Documents. Bids must be for the complete scope of works.

2. Description

2.1 The general directions and descriptions of works and materials are not
necessarily repeated nor summarized in the Schedule of Prices. References to the
relevant sections of the Bidding Documents shall be made before entering prices
against each item in the Schedule of Prices.

3. Units & Abbreviations

3.1 Units of measurement, symbols and abbreviations expressed in the Bidding

Documents shall comply with the System International e d’ Unites (SI Units).
______________________________
______________________________

(Note: The abbreviations to be used in the Schedule of Prices to be defined by the

Employer).

4. Rates and Prices

4.1 Except as otherwise expressly provided under the Conditions of Contract, the
rates and amounts entered in the Schedule of Prices shall be the rates at which the
Contractor shall be paid and shall be the full inclusive value of the works set
forth or implied in the Contract; except for the amounts reimbursable, if any to
the Contractor under the Contract.

4.2 Unless otherwise stipulated in the Contract Data, the rates and prices entered by
the bidder shall not be subject to adjustment during the performance of the
Contract.

4.3 All duties, taxes and other levies payable by the Contractor shall be included in
the rates and prices.

4.4 The whole cost of complying with the provisions of the Contract shall be
included in the items provided in the Schedule of Prices, and where no items are
provided, the cost shall be deemed to be distributed among the rates and prices
entered for the related items of the Works and no separate payment will be made
for those items.

35
 The rates, prices and amounts shall be entered against each item in the Schedule
of Prices. Any item against which no rate or price is entered by the bidder will
not be paid for by the Employer when executed and shall be deemed covered by
the rates and prices for other items in the Schedule of Prices.

4.5 (a) The bidder shall be deemed to have obtained all information as to and all
requirements related thereto which may affect the bid price.

*(b) The Contractor shall be responsible to make complete arrangements for

the transportation of the Plant to the Site.

*(Employer may modify as appropriate)

4.6 The Contractor shall provide for all parts of the Works to be completed in every
respect. Notwithstanding that any details, accessories, etc. required for the
complete installation and satisfactory operation of the Works, are not specifically
mentioned in the Specifications, such details shall be considered as included in
the Contract Price.

5. Bid Prices

5.1 Break-up of Bid Prices

The various elements of Bid Prices shall be quoted as detailed by the Employer
in the format of Schedule of Prices.

The bidder shall recognize such elements of the costs which he expects to incur
the performance of the Works and shall include all such costs in the rates and
amounts entered in the Schedule of Prices.

5.2 Total Bid Price

The total of bid prices in the Schedule of Prices shall be entered in the Summary
of Bid Prices.

6. Provisional Sums

6.1 Provisional Sums included and so designated in the Schedule of Prices if any,
shall be expended in whole or in part at the direction and discretion of the
Engineer/Employer. The Contractor will only receive payment in respect of
Provisional Sums if he has been instructed by the Engineer/Employer to utilize
such sums.

36
 NAME OF WORK: PROVIDING / FIXING OF SOLAR SYSTEM WITH ALLIED CIVIL
WORKS IN REGIONAL TRAINING CENTER AT 220KV GRID STATION BUND ROAD,
LAHORE.
BILL OF QUANTITIES
The total of the Estimated Amounts entered in Column 6 below shall be increased or
decreased (as the case may be) by the single percentage entered in Para 2 of the Tender at
page T-1 and the amount so arrived at and entered at the end of the Bill of Quantities shall be
the Tender Price of the whole Work which shall also be entered by the Tenderer in Paragraph
1 of the Tender. The Tenderer shall also affix his signatures at the end of the Bill of Quantities.
In case of difference between the percentage applied to the total estimated cost of the whole
Work at the end of the Bill Quantities and the percentage entered in Para 2 of the Tender, the
percentage which gives the lesser Tender Price shall be deemed to be the correct percentage
quoted by the Tenderer.
Item Unit
Description Unit Quantity Amount
No. Rate
P/Installation of Longi HIMO-7/
Jinko, Astronergy or Equivalent
1 605W/610W/615W for 60Kw Watt 60,390.00
capacity Tier-1 Grade-A Solar Panel.
(25 Years warranty)
P/F invertor 30KW 3phase hybrid
invertor with 10-year replacement
2 warranty. (Goodwe, FOX ESS H3 or No 2.00
equivalent) as approved by Engineer
in charge.
P/F 5kwh EP5 lithium-ion battery
with 10-year replacement warrant.
3 No 2.00
(Goodwe, FOX ESS or Equivalent)
as approved by Engineer in charge.
P/F Galvanized iron L2/L3 structure
with concrete foundation /blocks. As
4 per watt 60,390.00
per site requirement and instructed
by Engineer in charge.
AC/DC copper wire and inverter to
main LT panel) with D.B with
Breakers/SPD-Chint/Gada or
5 per watt 60,390.00
equivalent & change over (automatic
& manual0 i/c ducts and pipes
complete.
Installation, transportation, labour,
6 per watt 60,390.00
delivery and commissioning.

37
 Online application monitoring
software, accessories. Complete
MDI Net metering complete process
and meter installation with
7 Job 1.00
LESCO/NEPRA as per PPIB/AEDB,
NEPRA, Net Metering policy with
relevant amendment uptodated
complete in all respect.
Earthing AC/DC and lightning
arrestor-100feet bores with complete
8 No 3.00
with cu wire/conductor and earthing
pit complete in all respect.

9 P/F Disconnector switch No 1.00

P/F steel stair with an angle iron

frame, pipe 2" dia and for supporting
3" dia 16SWG, steel square bar
10 10mm i/c step 9" thick and width 3.5' Job 1.00
long with landing and height 40' for
double story complete as per
instructed by Engineer Incharge.

Total

% Rate Above / Below

Net Total Bid

16% PRA Tax

Final Amount of Bid

NO Only this office issued tender documents will be accepted. The upload bidding
TE: document on LESCO website is for study purpose only will not for bidding.
SPECIAL TERMS AND CONDITION
1 The contractors shall satisfy themselves about the work to be done as per details given
in the BOQ and physical site working condition before quoting the bid etc.
2 The quantities are subject to variation i.e. (increase or decrease) according to site
requirement.
3 Errors and omissions in the BOQ detected at any stage during construction can be
corrected by the Engineer Incharge for which contractor will not be entitled for any
claim.

38
4 Wapda/ LESCO specification and standards will be adopted for all the material to be
used on site and mentioned in above BOQ
5 All type of cement mixing in Mortar, PCC and RCC will be carried out by Mixer Machine
and no hand mixing will be allowed.
6 Properly graded crush from approved quarries will be used. Lawrancepur sand will be
used in all kind of RCC works whereas Chenab sand will be used for other construction
works (Plaster, Brick work and PCC etc.).
7 1st Class burnt bricks will be allowed to use subject to approval of tests by Engineer
Incharge.
8 Original sanitary fixtures and fittings from Master or Faisal (or equivalent as approved
by Engineer Incharge) shall be used.
9 The entire work shall be carried out strictly according to drawings / design and
specification.
10 Estimate is base on Market rate and vetted rates by Manager Civil LESCO in case of
nonscheduled items.
11 The appendix “C” to tender i.e. schedule of specified material and Clause-65 of
condition stand deleted.
12 Curing Compound will not be used for curing purpose. In case the same will be used
then no extra payment will be made to the contractor.
13 In case of failure on the part of contractor to complete the work according to the
specifications or requirement then the Department will be at liability to complete the
pending work through another contractor at the contractor’s risk and cost.
14 No payment will be made for any work involved for making approach / access to site of
work.
15 The interim / final certificates will be submitted through Engineer on Firms letter heads
to concern Civil Sub Division to initiate the payment process.
16 Bricks and other construction material will be gottested from approved Laboratory i.e.
C.M.T.L. (Central Material Testing Laboratory) and results should be submitted to
Engineer Incharge for approval. No work will be started before approval of construction
material tests. All the paymentof testing will be born by the contractor.
17 At least 03-Cylinders will be casted in all kind of RCC Works. The payment of RCC
Work will be initiated after approval of Cylinder test results.
18 Original ICI or Berger Paints (or equivalent as approved by Engineer Incharge) shall be
used for distempering, emulsion, enamel and weather shield works. No local brand or
unbranded paint shall be allowed.
19 Water charges @1% on water based construction works will be charged, if contractor's
use the water from LESCO water supply arrangements, otherwise contractor should
make arrangement for by installing water pump & seeking temporary connection of
electricity from concerned LESCO (Op) office for their use.
20 Amount of liquidated damages will be charged @ 0.1% per day Maximum to 10% of
contract cost.
21 Technical specifications are available in the office of Dy: Manager Civil Works Division
LESCO, which can be collected during working hours.
22 All departmental/provincial/Federal taxes will be deducted from contractor's payment as
per policy.

39
23 The Punjab Revenue Authority (PRA) Tax @ 16 % will be deducted from the
contractors who are not registered with PRA by LESCO while those contractors who
are registered with PRA will pay above tax at their end.
24 The prices include the present duties, taxes. In case however the present duties and
taxes are increase or new taxes/ duties are imposed by the concerned Govt. during the
currency of the contact, the same will be paid to extra on production of documentary
evidence. In case of decrease in duties/taxes by Govt. the prices will be decreased
accordingly.

Assistant Manager Civil

South Sub Division LESCO

40
 SCHEDULE – F TO BID

(INTEGRITY PACT) IN CASE OF MORE THAN 10 MILLION

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS OF GOODS, SERVICES & WORKS IN
CONTRACTS WORTH RS. 10.00 MILLION OR MORE

Contract No.________________ Dated __________________

Contract Value: ________________
Contract Title: _________________

………………………………… [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 (GoP) or any administrative subdivision or agency thereof or any other entity owned or controlled
by GoP through any corrupt business practice.

Without limiting the generality of the foregoing, [name of Supplier] represents and warrants that it has
fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to
give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly
through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director,
promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or
kickback, whether described as consultation fee or otherwise, with the object of obtaining or 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, representation or warranty.

[name of Supplier] accepts full responsibility and strict liability for making any false declaration, not
making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this
declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other
obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other rights 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.

Name of Buyer: ……………… Name of Seller/Supplier: …………

Signature: …………………… Signature: …………………………
[Seal] [Seal]

41
CONDITIONS OF CONTRACT

42
 TABLE OF CONTENTS

CONDITIONS OF CONTRACT

Clause No. Description Page No.

1. General Provisions 39
2. The Employer 41
3. Engineer’s/Employer’s Representatives 41
4. The Contractor 42
5. Design by Contractor 42
6. Employer’s Risks 43
7. Time for Completion 44
8. Taking Over 45
9. Remedying Defects 45
10. Variations And Claims 45
11. Contract Price And Payment 46
12. Default 48
13. Risks And Responsibilities 49
14. Insurance 50
15. Resolution of Disputes 50
16. Integrity Pact 51

43
 CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

In the Contract as defined below, the words and expressions defined shall have the
following meanings assigned to them, except where the context requires otherwise:

The Contract
1.1.1 “Contract” means the Contract Agreement and the other documents listed in the
Contract Data.

1.1.2 “Specifications” means the document as listed in the Contract Data, including
Employer’s requirements in respect of design to be carried out by the Contractor (if
any), and any Variation to such document.

1.1.3 “Drawings” means the Employer’s drawings of the Works as listed in the Contract
Data, and any Variation to such drawings.

Persons

1.1.4 “Employer” means the person named in the Contract Data and the legal successors in
title to this person, but not (except with the consent of the Contractor) any assignee.

1.1.5 “Contractor” means the person named in the Contract Data and the legal successors in
title to this person, but not (except with the consent of the Employer) any assignee.

1.1.6 “Party” means either the Employer or the Contractor.

Dates, Times and Periods

1.1.7 “Commencement Date” means the date fourteen (14) days after the date the Contract
comes into effect or any other date named in the Contract Data.

1.1.8 “Day” means a calendar day

1.1.9 “Time for Completion” means the time for completing the Works as stated in the
Contract Data (or as extended under Sub-Clause 7.3), calculated from the
Commencement Date.

Money and Payments

1.1.10 “Cost” means all expenditure properly incurred (or to be incurred) by the Contractor,
whether on or off the Site, including overheads and similar charges but does not
include any allowance for profit.

Other Definitions

44
1.1.11 “Contractor’s Equipment” means all machinery, apparatus and other things required
for the execution of the Works but does not include Materials or Plant intended to
form part of the Works.
1.1.12 “Country” means the Islamic Republic of Pakistan.
1.1.13 “Employer’s Risks” means those matters listed in Sub-Clause 6.1.
1.1.14 “Force Majeure” means an event or circumstance which makes performance of a
Party’s obligations illegal or impracticable and which is beyond that Party’s
reasonable control.
1.1.15 ‘Materials” means things of all kinds (other than Plant) to be supplied and
incorporated in the Works by the Contractor.
1.1.16 “Plant” means the machinery and apparatus intended to form or forming part of the
Works.
1.1.17 “Site” means the places provided by the Employer where the Works are to be
executed, and any other places specified in the Contract as forming part of the Site.
1.1.18 “Variation” means a change which is instructed by the Engineer/Employer under
Sub-Clause 10.1.
1.1.19 ‘Works” means any or all the works whether Supply, Installation, Construction etc.
and design (if any) to be performed by the Contractor including temporary works and
any variation thereof.
1.1.20 “Engineer” means the person notified by the Employer to act as Engineer for the
purpose of the Contract and named as such in Contract Data.
1.2 Interpretation
Words importing persons or parties shall include firms and organisations. Words
importing singular or one gender shall include plural or the other gender where the
context requires.
1.3 Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory of one
another. If an ambiguity or discrepancy is found in the documents, the priority of the
documents shall be in accordance with the order as listed in the Contract Data.
1.4 Law
The law of the Contract is the relevant Law of Islamic Republic of Pakistan.

45
1.5 Communications
All Communications related to the Contract shall be in English language.
1.6 Statutory Obligations

The Contractor shall comply with the Laws of Islamic Republic of Pakistan and shall
give all notices and pay all fees and other charges in respect of the Works.
2. THE EMPLOYER
2.1 Provision of Site
The Employer shall provide the Site and right of access thereto at the times stated in
the Contract Data.

2.2 Permits etc.

The Employer shall, if requested by the Contractor, assist him in applying for permits,
licenses or approvals which are required for the Works.

2.3 Engineer’s/Employer’s Instructions

The Contractor shall comply with all instructions given by the Employer or the
Engineer, if notified by the Employer, in respect of the Works including the
suspension of all or part of the Works.

2.4 Approvals

No approval or consent or absence of comment by the Engineer/Employer shall affect

the Contractor’s obligations.

3. ENGINEER’S/EMPLOYER’S REPRESENTATIVES

3.1 Authorized Person

The Employer shall appoint a duly authorized person to act for him and on his behalf
for the purposes of this Contract. Such authorized person shall be duly identified in
the Contract Data or otherwise notified in writing to the Contractor as soon as he is so
appointed. In either case the Employer shall notify the Contractor, in writing, the
precise scope of the authority of such authorized person at the time of his
appointment.

3.2 Engineer’s/Employer’s Representative

The name and address of Engineer’s/Employer’s Representative is given in Contract

Data. However the Contractor shall be notified by the Engineer/Employer, the
delegated duties and authority before the Commencement of Works.

4. THE CONTRACTOR

46
4.1 General Obligations

The Contractor shall carry out the Works properly and in accordance with the
Contract. The Contractor shall provide all supervision, labour, Materials, Plant and
Contractor’s Equipment which may be required.

4.2 Contractor’s Representative

The Contractor shall appoint a representative at site on full time basis to supervise the
execution of work and to receive instructions on behalf of the Contractor but only
after obtaining the consent of the Employer for such appointment which consent shall
not be unreasonable withheld by the Employer. Such authorized representative may
be substituted/replaced by the Contractor at any time during the Contract Period but
only after obtaining the consent of the Employer as aforesaid.

4.2 Subcontracting

The Contractor shall not subcontract the whole of the Works. The Contractor shall not
subcontract any part of the Works without the consent of the Employer.

4.4 Performance Security

The Contractor shall furnish to the Employer within fourteen (14) days after receipt
of Letter of Acceptance a Performance Security at the option of the bidder, in the
shape of Bank Guarantee/CDR/Pay Order. Insurance guarantee will not be
accepted as performance guarantee.

5. DESIGN BY CONTRACTOR

5.1 Contractor’s Design

The Contractor shall carry out design to the extent specified, as referred to in the
Contract Data. The Contractor shall promptly submit to the Engineer/Employer all
designs prepared by him. Within fourteen(14) days of receipt the Engineer/Employer
shall notify any comments or, if the design submitted is not in accordance with the
Contract, shall reject it stating the reasons. The Contractor shall not construct any
element of the Works designed by him within fourteen(14) days after the design has
been submitted to the Engineer/Employer or which has been rejected. Design that has
been rejected shall be promptly amended and resubmitted. The Contractor shall
resubmit all designs commented on taking these comments into account as necessary.

5.2 Responsibility for Design

The Contractor shall remain responsible for his bided design and the design under this
Clause, both of which shall be fit for the intended purposes defined in the Contract

47
 and he shall also remain responsible for any infringement of any patent or copyright
in respect of the same. The Engineer/Employer shall be responsible for the
Specifications and Drawings.

6. EMPLOYER’S RISKS

6.1 The Employer’s Risks

The Employer’s Risks are:-

a) war, hostilities (whether war be declared or not), invasion, act of foreign

enemies, within the Country;

b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil

war, within the Country;

c) riot, commotion or disorder by persons other than the Contractor’s personnel

and other employees including the personnel and employees of Sub-
Contractors, affecting the Site and/or the Works;

d) ionizing radiations, or contamination by radio-activity from any nuclear fuel, or

from any nuclear waste from the combustion of nuclear fuel, radio-active toxic
explosive, or other hazardous properties of any explosive nuclear assembly or
nuclear component of such an assembly, except to the extent to which the
Contractor/Sub-Contractors may be responsible for the use of any radio-active
material;

e) Pressure waves caused by aircraft or other aerial devices travelling at sonic or

supersonic speeds;

f) use or occupation by the Employer of any part of the Works, except as may be
specified in the Contract;

g) late handing over of sites, anomalies in drawings, late delivery of designs and
drawings of any part of the Works by the Employer’s personnel or by others for
whom the Employer is responsible;

h) a suspension under Sub-Clause 2.3 unless it is attributable to the Contractor’s

failure; and

i) physical obstructions or physical conditions other than climatic conditions,

encountered on the Site during the performance of the Works, for which the
Contractor immediately notified to the Employer and accepted by the Employer.

7. TIME FOR COMPLETION

48
7.1 Execution of the Works

The Contractor shall commence the Works on the Commencement Date and shall
proceed expeditiously and without delay and shall complete the Works, subject to
Sub-Clause 7.3 below, within the Time for Completion.

7.2 Programme

Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer/Employer a programme for the Works in the form stated in the Contract
Data.

7.3 Extension of Time

The Contractor shall, within such time as may be reasonable under the circumstances,
notify the Employer/Engineer of any event(s) falling within the scope of Sub-Clause
6.1 or 10.3 of these Conditions of Contract and request the Employer/Engineer for a
reasonable extension in the time for the completion of Works. Subject to the
aforesaid, the Employer/Engineer shall determine such reasonable extension in the
time for the completion of Works as may be justified in the light of the
details/particulars supplied by the Contractor in connection with the such
determination by the Employer/Engineer within such period as may be prescribed by
the Employer/Engineer for the same; and

the Employer shall extend the Time for Completion as determined.

7.4 Late Completion

If the Contractor fails to complete the Works within the Time for Completion, the
Contractor’s only liability to the Employer for such failure shall be to pay the amount
stated in the Contract Data for each day for which he fails to complete the Works.

8. TAKING-OVER

8.1 Completion

The Contractor may notify the Engineer/Employer when he considers that the Works
are complete.

8.2 Taking-Over Notice

Within fourteen (14) days of the receipt of the said notice of completion from the
Contractor the Employer/Engineer shall either takeover the completed Works and
issue a Certificate of Completion to that effect or shall notify the Contractor his
reasons for not taking-over the Works. While issuing the Certificate of Completion as
aforesaid, the Employer/Engineer may identify any outstanding items of work which

49
 the Contractor shall undertake during the Maintenances Period.

9. REMEDYING DEFECTS

9.1 Remedying Defects

The Contractor shall for a period stated in the Contract Data from the date of issue of
the Certificate of Completion carry out, at no cost to the Employer, repair and
rectification work which is necessitated by the earlier execution of poor quality of
work or use of below specifications material in the execution of Works and which is
so identified by the Employer/Engineer in writing within the said period. Upon expiry
of the said period, and subject to the Contractor’s faithfully performing his aforesaid
obligations, the Employer/Engineer shall issue a Maintenance Certificate whereupon
all obligations of the Contractor under this Contract shall come to an end.

Failure to remedy any such defects or complete outstanding work within a reasonable
time shall entitle the Employer to carry out all necessary works at the Contractor’s
cost. However, the cost of remedying defects not attributable to the Contractor shall
be valued as a Variation.

9.2 Uncovering and Testing

The Engineer/Employer may give instruction as to the uncovering and/or testing of

any work. Unless as a result of an uncovering and/or testing it is established that the
Contractor’s design, Materials, Plant or workmanship are not in accordance with the
Contract, the Contractor shall be paid for such uncovering and/or testing as a
Variation in accordance with Sub-Clause 10.2.

10. VARIATIONS AND CLAIMS

10.1 Right to Vary

The Employer/Engineer may issue Variation Order(s) in writing. Where for any
reason it has not been possible for the Employer/Engineer to issue such Variations
Order(s), the Contractor may confirm any verbal orders given by the
Employer/Engineer in writing and if the same are not refuted/denied by the
Employer/Engineer within seven (7) days of the receipt of such confirmation the
same shall be deemed to be a Variation Orders for the purposes of this Sub-Clause.

10.2 Valuation of Variations

Variations shall be valued as follows:

a) at a lump sum price agreed between the Parties, or

b) where appropriate, at rates in the Contract, or

50
 c) in the absence of appropriate rates, the rates in the Contract shall be used as
the basis for valuation, or failing which

d) at appropriate new rates, as may be agreed or which the Engineer/Employer

considers appropriate, or

e) if the Engineer/Employer so instructs, at day work rates set out in the

Contract Data for which the Contractor shall keep records of hours of labour
and Contractor’s Equipment, and of Materials, used.

10.3 Early Warning

The Contractor shall notify the Engineer/Employer in writing as soon as he is aware

of any circumstance which may delay or disrupt the Works, or which may give rise to
a claim for additional payment.

To the extent of the Contractor’s failure to notify, which results to the

Engineer/Employer being unable to keep all relevant records or not taking steps to
minimise any delay, disruption, or Cost, or the value of any Variation, the
Contractor’s entitlement to extension of the Time for Completion or additional
payment shall be reduced/rejected.

10.4. Valuation of Claims

If the Contractor incurs Cost as a result of any of the Employer’s Risks, the
Contractor shall be entitled to the amount of such Cost. If as a result of any
Employer’s Risk, it is necessary to change the Works, this shall be dealt with as a
Variation subject to Contractor’s notification for intention of claim to the
Engineer/Employer within fourteen(14) days of the occurrence of cause.

10.5 Variation and Claim Procedure

The Contractor shall submit to the Engineer/Employer an itemised make-up of the

value of variations and claims within twenty eight(28) days of the instruction or of the
event giving rise to the claim. The Engineer/Employer shall check and if possible
agree the value. In the absence of agreement, the Employer shall determine the value.

11. CONTRACT PRICE AND PAYMENT

11.1 (a) Terms of Payments

The amount due to the Contractor under any Interim Payment Certificate
issued by the Engineer pursuant to this Clause, or to any other terms of the
Contract, shall , subject to Clause 47, be paid by the Employer to the
Contractor within 30 days after such Interim Payment Certificate has been
jointly verified by Employer and Contractor, or, in the case of the Final

51
 Certificate referred to in Sub Clause 60.8, within 60 days after such Final
Payment Certificate has been jointly verified by Employer and Contractor;
Provided that the Interim Payment shall be caused in 42 days and Final
Payment in 60 days in case of foreign funded project. In the event of the
failure of the Employer to make payment within the times stated, the
Employer shall pay to the Contractor compensation at the 28 days rate of
KIBOR+2% per annum in local currency and LIBOR+1% for foreign
currency, upon all sums unpaid from the date by which the same should
have been paid. The provisions of this Sub-Clause are without prejudice to
the Contractor’s entitlement under Clause 69.

(b) Valuation of the Works

The Works shall be valued as provided for in the Contract Data, subject to
Clause 10.

11.2 Monthly Statements

The Contractor shall be entitled to be paid at monthly intervals:

a) the value of the Works executed; and

b) The percentage of the value of Materials and Plant reasonably delivered to

the Site, as stated in the Contract Data, subject to any additions or
deductions which may be due.

The Contractor shall submit each month to the Engineer/Employer a statement

showing the amounts to which he considers himself entitled.

11.3 Interim Payments

Within a period not exceeding seven (7) days from the date of submission of a
statement for interim payment by the Contractor, the Engineer shall verify the same
and within a period not exceeding thirty (30) days from the said date of submission
by the Contractor, the Employer shall pay to the Contractor the sum verified by the
Engineer less retention money at the rate stated in the Contract Data.

11.4 Retention

Retention money shall be paid by the Employer to the Contractor within fourteen(14)
days after either the expiry of the period stated in the Contract Data, or the remedying
of notified defects, or the completion of outstanding work, all as referred to in Sub-
Clause 9.1, which ever is the later.

11.5 Final Payment

52
 Within twenty one (21) days from the date of issuance of the Maintenance Certificate
the Contractor shall submit a final account to the Engineer to verify and the Engineer
shall verify the same within fourteen (14) days from the date of submission and
forward the same to the Employer together with any documentation reasonably
required to enable the Employer to ascertain the final contract value.

Within sixty (60) days from the date of receipt of the verified final account from the
Engineer, the Employer shall pay to the Contractor any amount due to the Contractor.
While making such payment the Employer may, for reasons to be given to the
Contractor in writing, withhold any part or parts of the verified amount.

11.6 Currency

Payment shall be in the currency stated in the Contract Data.

12. DEFAULT

12.1 Default by Contractor

If the Contractor abandons the Works, refuses or fails to comply with a valid
instruction of the Engineer/Employer or fails to proceed expeditiously and without
delay, or is, despite a written complaint, in breach of the Contract, the Employer may
give notice referring to this Sub-Clause and stating the default.

If the Contractor has not taken all practicable steps to remedy the default within
fourteen(14) days after receipt of the Employer’s notice, the Employer may by a
second notice given within a further twenty one(21) days, terminate the Contract. The
Contractor shall then demobilise from the Site leaving behind any Contractor’s
Equipment which the Employer instructs, in the second notice, to be used for the
completion of the Works at the risk and cost of the Contractor.

12.2 Default by Employer

If the Employer fails to pay in accordance with the Contract, or is, despite a written
complaint, in breach of the Contract, the Contractor may give notice referring to this
Sub-Clause and stating the default. If the default is not remedied within fourteen(14)
days after the Employer’s receipt of this notice, the Contractor may suspend the
execution of all or parts of the Works.

If the default is not remedied within twenty eight (28) days after the Employer’s
receipt of the Contractor’s notice, the Contractor may by a second notice given within
a further twenty one (21) days, terminate the Contract. The Contractor shall then
demobilise from the Site.

12.3 Insolvency

If a Party is declared insolvent under any applicable law, the other Party may by

53
 notice terminate the Contract immediately. The Contractor shall then demobilise from
the Site leaving behind, in the case of the Contractor’s insolvency, any Contractor’s
Equipment which the Employer instructs in the notice is to be used for the completion
of the Works.

12.4 Payment upon Termination

After termination, the Contractor shall be entitled to payment of the unpaid balance of
the value of the Works executed and of the Materials and Plant reasonably delivered
to the Site, adjusted by the following:

a) any sums to which the Contractor is entitled under Sub-Clause 10.4,

b) any sums to which the Employer is entitled,

c) if the Employer has terminated under Sub-Clause 12.1 or 12.3, the Employer
shall be entitled to a sum equivalent to twenty percent(20%) of the value of
parts of the Works not executed at the date of the termination, and

d) if the Contractor has terminated under Sub-Clause 12.2 or 12.3,the Contractor

shall be entitled to the cost of his demobilisation together with a sum
equivalent to ten percent(10%) of the value of parts of the Works not executed
at the date of termination.

The net balance due shall be paid or repaid within twenty eight(28) days of the notice
of termination.

13. RISKS AND RESPONSIBILITIES

13.1 Contractor’s Care of the Works

Subject to Sub-Clause 9.1, the Contractor shall take full responsibility for the care of
the Works from the Commencement Date until the date of the Employer’s/Engineer’s
issuance of Certificate of Completion under Sub-Clause 8.2. Responsibility shall then
pass to the Employer. If any loss or damage happens to the Works during the above
period, the Contractor shall rectify such loss or damage so that the Works conform
with the Contract.

Unless the loss or damage happens as a result of any of the Employer’s Risks, the
Contractor shall indemnify the Employer, or his agents against all claims loss,
damage and expense arising out of the Works.

13.2 Force Majeure

If Force Majeure occurs, the Contractor shall notify the Engineer/Employer

immediately. If necessary, the Contractor may suspend the execution of the Works
and, to the extent agreed with the Employer demobilise the Contractor’s Equipment.

If the event continues for a period of eighty four (84) days, either Party may then give

54
 notice of termination which shall take effect twenty eight (28) days after the giving of
the notice.

After termination, the Contractor shall be entitled to payment of the unpaid balance of
the value of the Works executed and of the Materials and Plant reasonably delivered
to the Site, adjusted by the following:

a) any sums to which the Contractor is entitled under Sub-Clause 10.4,

b) the cost of his demobilization, and
c) less any sums to which the Employer is entitled.

The net balance due shall be paid or repaid within thirty five (35) days of the notice
of termination.

14. INSURANCE

14.1 Arrangements

The Contractor shall, prior to commencing the Works, effect insurances of the types,
in the amounts and naming as insured the persons stipulated in the Contract Data
except for items (a) to (e) and (i) of the Employer’s Risks under Sub-Clause 6.1. The
policies shall be issued by insurers and in terms approved by the Employer. The
Contractor shall provide the Engineer/Employer with evidence that any required
policy is in force and that the premiums have been paid.

14.2 Default

If the Contractor fails to effect or keep in force any of the insurances referred to in the
previous Sub-Clause, or fails to provide satisfactory evidence, policies or receipts, the
Employer may, without prejudice to any other right or remedy, effect insurance for
the cover relevant to such as a default and pay the premiums due and recover the
same plus a sum in percentage given in Contractor Data from any other amounts due
to the Contractor.

15. RESOLUTION OF DISPUTES

15.1 Engineer’s Decision

If a dispute of any kind whatsoever arises between the Employer and the Contractor
in connection with the Works, the matter in dispute shall, in the first place, be referred
in writing to the Engineer, with a copy to the other party. Such reference shall state
that it is made pursuant to this Clause. No later than the twenty eight (28) days after
the day on which he received such reference, the Engineer shall give notice of his
decision to the Employer and the Contractor.

Unless the Contract has already been repudiated or terminated, the Contractor shall,

55
 in every case, continue to proceed with the Work with all due diligence, and the
Contractor and the Employer shall give effect forthwith to every such decision of the
Engineer unless and until the same shall be revised, as hereinafter provided in an
arbitral award.

15.2 Notice of Dissatisfaction

If a Party is dissatisfied with the decision of the Engineer or if no decision is given

within the time set out in Sub-Clause 15.1 hereabove, the Party may give notice of
dissatisfaction referring to this Sub-Clause within fourteen(14) days of receipt of the
decision or the expiry of the time for the decision. If no notice of dissatisfaction is
given within the specified time, the decision shall be final and binding on the Parties.
If notice of dissatisfaction is given within the specified time, the decision shall be
binding on the Parties who shall give effect to it without delay unless and until the
decision of the Engineer is revised by an arbitrator.
15.3 Arbitration

A dispute which has been the subject of a notice of dissatisfaction shall be finally
settled as per provisions of Arbitration Act 1940 (Act No. X of 1940) and Rules made
thereunder and any statutory modifications thereto. Any hearing shall be held at the
place specified in the Contract Data and in the language referred to in Sub-Clause 1.5.

16 INTEGRITY PACT (in case of more than 10 Million)

16.1 If the Contractor, or any of his Sub-Contractors, agents or servants is found to have
violated or involved in violation of the Integrity Pact signed by the Contractor as
Schedule-F to his Bid, then the Employer shall be entitled to:

(a) recover from the Contractor an amount equivalent to ten times the sum of any
commission, gratification, bribe, finder’s fee or kickback given by the Contractor or
any of his Sub-Contractors, agents or servants;

(b) terminate the Contract; and

(b) recover from the Contractor any loss or damage to the Employer as a result of such
termination or of any other corrupt business practices of the Contractor or any of his
Sub-Contractors, agents or servants.

On termination of the Contract under Sub-Para (b) of this Sub-Clause, the Contractor
shall demobilize from the Site leaving behind Contractor’s Equipment which the
Employer instructs, in the termination notice, to be used for the completion of the Works
at the risk and cost of the Contractor. Payment upon such termination shall be made
under Sub-Clause 12.4, in accordance with Sub-Para (c) thereof, after having deducted
the amounts due to the Employer under Sub-Para (a) and (c) of this Sub-Clause.

56
 CONTRACT DATA

(Note: Except where otherwise indicated, all Contract Data should be filled in by the Employer
prior to issuance of the Bidding Documents.)

Sub-Clauses of Conditions of Contract

1.1.3 Employer’s Drawings, if any

(To be listed by the Employer)

1.1.4 The Employer means

LESCO through Deputy Manager Civil Works LESCO

1.1.5 The Contractor means

Responsive lowest bidder as per acceptance of LESCO

1.1.7 Commencement Date means the date of issue of Engineer’s Notice to Commence which
shall be issued within fourteen (14) days of the signing of the Contract Agreement.

1.1.9 Time for Completion 60 days

(The time for completion of the whole of the Works should be assessed by the Employer)

1.1.20 Engineer

Deputy Manager Civil Works LESCO

1.3 Documents forming the Contract listed in the order of priority:

(a) The Contract Agreement
(b) Letter of Acceptance
(c) The completed Form of Bid
(d) Contract Data
(e) Conditions of Contract
(f) The completed Schedules to Bid including Schedule of Prices
(g) The Drawings, if any
(h) The Specifications
(i) ___________________
(j) ___________________

(The Employer may add, in order of priority, such other documents as form part of the Contract.
Delete the document, if not applicable)

2.1 Provision of Site: On the Commencement Date*

57
3.1 Authorized person: ENGINEER AS ABOVE OR HIS REPRESENTATIVE

3.2 Name and address of Engineer’s/Employer’s representative

Deputy Manager Civil Works LESCO, 132 Kv Grid Station PWR Garhi Shahu
LESCO, Lahore
4.4 Performance Security:
Amount 10% of contract cost as per letter of acceptance/intent in shape of CDR/Pay
Order/ Bank Guarantee (valid until completion period of work)
(Form: As provided under Standard Forms* of these Documents)

5.1 Requirements for Contractor’s design (if any):

Specification Clause No’s_______----___________

7.2 Programme:
Time for submission: Within fourteen ______ days* of the Commencement Date.
Form of programme: ______----____________(Bar Chart/CPM/PERT or other)

7.4 Amount payable due to failure to complete shall be 0.1% per day up to a maximum of
(10%) of sum stated in the Letter of Acceptance/intent.
9.1 Period for remedying defects

12 Months
(From the effective date of taking over / completion certificate)

10.2 (e) Variation procedure:

Day work rates_____------___________

__________________________(details)

11.1.1 (a) Terms of Payments

As per the standard payment procedure of WAPDA/LESCO

11.1 (b) Valuation of the Works*:

i) Re-measurement with estimated/bid quantities in the Schedule of Prices.
11.2 Percentage of value of Materials and Plant:

58
 Nil

11.3 Percentage of retention:

10% security will be deducted, out of which 5% will be released on satisfactory
completion of work & remaining 5% will be released on expiry of defect liability
period.

11.4 Currency of payment: Pak. Rupees

15.3 Arbitration
Place of Arbitration: Office of Deputy Manager Civil Works LESCO 132 KV
Grid Station PWR Garhi Shahu Lahore

59
 STANDARD FORMS

(Note: Standard Forms provided in this document for securities are to be issued by a bank. In case

the bidder chooses to issue a bond for accompanying his bid or performance of contract or receipt

of advance, the relevant format shall be tailored accordingly without changing the spirit of the

Forms of securities).

60
 FORM OF PERFORMANCE SECURITY
(Bank Guarantee)

Guarantee No._____________________
Executed on _____________________
(Letter by the Guarantor to the Employer)

Name of Guarantor (Scheduled Bank in Pakistan) with address:_________________________________

Name of Principal (Contractor) with
address:____________________________________________________________
___________________________________________________________________
Penal Sum of Security (express in words and
figures)_____________________________________________________________
___________________________________________________________________
Letter of Acceptance No.________________________________Dated __________

KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bidding Documents
and above said Letter of Acceptance (hereinafter called the Documents) and at the request of the said
Principal we, the Guarantor above named, are held and firmly bound unto the
__________________________________________________ (hereinafter called the Employer) in the
penal sum of the amount stated above, for the payment of which sum well and truly to be made to the said
Employer, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has accepted the
Employer's above said Letter of Acceptance for ________ __________________________________
(Name of Contract) for the ___________

_______________________________ (Name of Project).

NOW THEREFORE, if the Principal (Contractor) shall well and truly perform and fulfill all the
undertakings, covenants, terms and conditions of the said Documents during the original terms of the said
Documents and any extensions thereof that may be granted by the Employer, with or without notice to the
Guarantor, which notice is, hereby, waived and shall also well and truly perform and fulfill all the
undertakings, covenants terms and conditions of the Contract and of any and all modifications of the said
Documents that may hereafter be made, notice of which modifications to the Guarantor being hereby
waived, then, this obligation to be void; otherwise to remain in full force and virtue till all requirements of
Clause 9, Remedying Defects, of Conditions of Contract are fulfilled.

Our total liability under this Guarantee is limited to the sum stated above and it is a condition of any
liability attaching to us under this Guarantee that the claim for payment in writing shall be received by
us within the validity period of this Guarantee, failing which we shall be discharged of our liability, if
any, under this Guarantee.

61
 We, ____________________________________ (the Guarantor), waiving all objections and defences
under the Contract, do hereby irrevocably and independently guarantee to pay to the Employer without
delay upon the Employer's first written demand without cavil or arguments and without requiring the
Employer to prove or to show grounds or reasons for such demand any sum or sums up to the amount
stated above, against the Employer's written declaration that the Principal has refused or failed to perform
the obligations under the Contract,forwhich payment will be effected by the Guarantor to Employer’s
designated Bank & Account Number.

PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding whether the
Principal (Contractor) has duly performed his obligations under the Contract or has defaulted in fulfilling
said obligations and the Guarantor shall pay without objection any sum or sums up to the amount stated
above upon first written demand from the Employer forthwith and without any reference to the Principal
or any other person.

IN WITNESS WHEREOF, the above bounded Guarantor has executed this Instrument under its seal on
the date indicated above, the name and corporate seal of the Guarantor being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its governing body.

_______________
Guarantor (Bank)
Witness:
1. _______________________ 1. Signature _______________

_______________________ 2. Name __________________

Corporate Secretary (Seal)
3. Title ___________________

2. _______________________

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

62
 FORM OF CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT (hereinafter called the “Agreement”) made on the _____ day of
________ 200 _____ between _________________________(hereinafter called the “Employer”) of the
one part and ______________ (hereinafter called the “Contractor”) of the other part.

WHEREAS the Employer is desirous that certain Works, viz _______________ should be executed by
the Contractor and has accepted a Bid by the Contractor for the execution and completion of such Works
and the remedying of any defects therein.

NOW this Agreement witnesseth as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents after incorporating addenda, if any except those parts relating to
Instructions to Bidders, shall be deemed to form and be read and construed as part of this
Agreement, viz:

(a) The Letter of Acceptance;

(b) The completed Form of Bid alongwith Schedules to Bid;
(c) Conditions of Contract & Contract Data;
(d) The priced Schedule of Prices;
(e) The Specifications;and
(f) The Drawings

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

mentioned, the Contractor hereby covenants with the Employer to execute and complete the
Works and remedy defects therein in conformity and in all respects within the provisions of the
Contract.

4. The Employer hereby covenants to pay the Contractor, in consideration of the execution and
completion of the Works as per provisions of the Contract, 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.

63
IN WITNESS WHEREOF the parties hereto have caused this Contract Agreement to be executed on the
day, month and year first before written in accordance with their respective laws.

Signature of the Contactor Signature of the Employer

______________________ _____________________
(Seal) (Seal)

Signed, Sealed and Delivered in the presence of:

Witness: Witness:

________________________ _________________________________

(Name, Title and Address) (Name, Title and Address)

64
SPECIFICATIONS

65
DRAWINGS

66