PAKISTAN INFRASTRUCTURE DEVELOPMENT

COMPANY LTD.
MINISTRY OF HOUSING & WORKS
GOVERNMENT OF PAKISTAN

BID DOUMENTS
VOLUME – 1 of 1

Construction of Jeepable Roads and Retaining walls and at

various areas of Shori Nala Path , Shingli, Kohistan Upper ,
Kohistan Lower, Koalai Pallas Kohistan

Contract Package: PIDCL/KPK/12/04/14

SINGLE STAGE ONE ENVELOPE

August 2025

Head Office: 6th Floor, Extension Block, Bahria Complex IV, Gizri, Karachi
Tel: 021-35155101, Fax: 021-35155102

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 BID DOCUMENTS

FOR

Construction of Jeepable Roads and Retaining walls and at

various areas of Shori Nala Path , Shingli, Kohistan Upper ,
Kohistan Lower, Koalai Pallas Kohistan

Contract Package: PIDCL/KPK/12/04/14

SINGLE STAGE ONE ENVELOPE

BID DOCUMENTS ARE PLACED IN THE FOLLOWING FOLDERS

1) INVITATION FOR BID
2) INSTRUCTION TO BIDDERS
3) BIDDING DATA
4) FORM OF BID AND APPENDICES TO BID
5) CONTRACT FORMS
6) GENERAL CONDITIONS OF CONTRACT
7) PARTICULAR CONDITIONS OF CONTRACT
8) SPECIAL PROVISIONS
9) ADDENDA TO TECHNICAL SPECIFICATION
10) PRICE BID

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INVITATION
FOR
BIDS

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 PAKISTAN INFRASTRUCTURE DEVELOPMENT COMPANY LIMITED
MINISTRY OF HOUSING & WORKS
GOVERNMENT OF PAKISTAN
6TH FLOOR, EXTENSION BLOCK, BAHRIA COMPLEX IV, GIZRI KARACHI
INVITATION OF BIDS THROUGH E-PADS
The Pakistan Infrastructure Development Company Limited (PIDCL), Ministry of Housing & Works
Government of Pakistan, under the Single Stage one Envelope Procurement method, as defined
in PPRA Rules 36(a) 2004 (as amended), bids are invited through the online E-PADS platform. Firms
having valid registration with the Pakistan Engineering Council (PEC) in appropriate category and
specialized field under relevant codes, the Federal Board of Revenue (FBR), Sales Tax and other
applicable taxes (if any) are eligible to submit bids for the following works, in accordance with the
detailed Bills of Quantities (BOQs) and specifications provided in the tender documents.
Date & time Date &
Required Bid Estimated
Sr. of time
Name of Work PEC Security Cost in
No Submission of
Category Rs: Rs:
of bids Opening
Construction of PCC Streets, drains,
Laying Tuff pavers and construction of
C-6 &
1 Culverts in Different Locations in Tehsils 600,000 14,091,131
above
Daraban
Contract Package: PIDCL/KPK/45/01/16
Construction of PCC Streets, drains,
Laying Tuff pavers and construction of
C-6 &
2 Culverts in Different Locations in Tehsils 600,000 14,091,131
above
Paroa.
Contract Package: PIDCL/KPK/45/02/17
Construction of PCC Streets, drains,
Laying Tuff pavers and construction of
C-6 &
3 Culverts in Different Locations in Tehsils 600,000 14,091,131
above
Darazanda. Contract Package:
PIDCL/KPK/45/03/18
Construction of PCC Streets, drains, 28-08-2025

28-08-2025
11.00 am

11.30 am
Laying Tuff pavers and construction of
C-6 &
Up to
4 Culverts in Different Locations in Tehsils 600,000 14,091,131

at
above
Dera Ismail Khan. Contract Package:
PIDCL/KPK/45/04/19
Provision of Solar Powered Tube well
with Solar Panel and Water Tank for C-6 &
5 600,000 15,133,502
Different UCs of Tehsil Daraban above
Contract Package: PIDCL/KPK/45/05/20
Provision of Solar Powered Tube well
with Solar Panel and Water Tank for C-6 &
6 600,000 15,133,502
Different UCs of Tehsil DI Khan above
Contract Package: PIDCL/KPK/45/06/21
Provision of Solar Powered Tube well
with Solar Panel and Water Tank for C-6 &
7 600,000 15,133,502
Different UCs of Tehsil Paroa above
Contract Package: PIDCL/KPK/45/07/22
Provision of Solar Powered Tube well
with Solar Panel and Water Tank for C-6 &
8 600,000 12,611,252
Different UCs of Tehsil Drazanda above
Contract Package: PIDCL/KPK/45/08/23

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 Construction of PCC Roads/Streets at
Lohi Road, Gabbar nalla, Dong Nalla
,Susak road, Bak Goshali Road, Uchar
C-5 &
9 Road, Shatial Road at Tehsil Dassu & 800,000 27,989,078
above
Basha District Kohistan Cum Kohistan
Lower Cum Kolai Pallas Koshistan
Contract Package: PIDCL/KPK/12/01/11
Construction of PCC Roads/Streets at
Seo Road, Shingli Seo Road, Zidkhar
Road , Kolai Road, Bataira Road, Bar
Pallas Road , Kuz Sheryal Road at Tehsil C-5 &
10 800,000 30,433,947
Seo and Bataira & Pallas District above
Kohistan Cum Kohistan Lower Cum Kolai
Pallas Koshistan

28-08-2025

28-08-2025
11.00 am

11.30 am
Contract Package: PIDCL/KPK/12/02/12

Up to
Drinking Water Supply Schemes & Small

at
Bores at Various areas of Shoki Sair ,
Choro Mush, Shatial No.1,2, Dassu No.4 C-5 &
11 800,000 24,004,132
in District Kohistan Cum Kohistan Lower above
Cum Kolai Pallas Koshistan
Contract Package: PIDCL/KPK/12/03/13
Construction of Jeepable Roads and
Retaining walls and at various areas of
C-5 &
12 Shori Nala Path , Shingli, Kohistan Upper 800,000 35,407,117
above
, Kohistan Lower, Koalai Pallas Kohistan
Contract Package: PIDCL/KPK/12/04/14
Drinking Water Supply Schemes & Small
Bores at Shiguben, Supat Nalla, & other
various areas of District Kohistan upper C-6 &
13 800,000 16,429,223
Cum Kohistan Lower Cum Kolai Pallas above
Koshistan.
Contract Package: PIDCL/KPK/12/05/15

Prospective bidders can obtain the bidding documents online from ([Link] by paying a non-
refundable fee of Rs. 3,000/- payable to Pakistan Infrastructure Development Company Limited in shape of Pay
Order / Call Deposit.

Bid security in shape of CDR or Bank Guarantees, In case of bogus/fake CDR or Bank Guarantee procuring
agency shall liable to blacklist the firm/contractor. Original CDR or Bank Guarantee for bid security and tender
fee in shape of pay order shall be delivered to employer address before deadline submission of bid. Late
delivered bid security and tender fee will lead to mark bid as non responsive. Scanned copy of bid security and
tender fee shall be attached with bid, to be uploaded on EPADS
The contractor quoting their bids up to a limit of 10% below on engineer's estimate shall submit bid security to
the extent as per mentioned amount of Bid security in shape of CDR.
The contractor quoting their bids more than 10% below up to 20% on engineer estimate shall submit along with
their bids 08% additional security of engineer estimated cost in addition to the CDR of Bid security. If the bid is
not accompanied by the required amount of additional security then the bid shall be considered as non
responsive and Bid security shall be forfeited in favour of PIDCL & the 2nd lowest bidder and so on will be
considered accordingly.
Similarly, a contractor quoting bid more than 20% below shall submit with his bid an additional security on the
engineer’s estimate equal to the differential amount of submitted bid and engineer's estimate along with detailed
rate analysis.
In case detailed rate analysis submitted with the bid is, in view of the procurement entity not convincing, the
procurement entity may declare such bid as non-responsive without any forfeiture of bid security and record
reason thereof.
The additional security shall be released to the contractor after submission of the Performance Guarantee. The
additional security submitted by the bidder at the time of bidding should be in the shape of call deposit Bidders
are required to submit their bids electronically via the E-Pak Acquisition & Disposal System (E-PADS) using the
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upload function. The bid submission must be accompanied by a scanned copy of the tender fee, amounting to
Rs. 3,000/- and scanned copy of Bid Security. Furthermore, the original sealed Tender Fee, Bid Security and
Documents are to be delivered in separate envelopes to Office of The Executive Engineer, PIDCL, NC
House, 26 Mauve Area, G-9/1, Islamabad before bid submission time.

All bids must be submitted electronically through the E-PADS system; no alternative submission methods will
be accepted. The bids submitted via E-PADS will be opened in Office of the GM Engineering / Chief Engineer
PIDCL, 6th Floor, Extension Block, Bahria Complex IV, Gizri Karachi in the presence of the Procurement
Committee and authorized representatives of participating firms who wish to attend in the NC House, 26 Mauve
Area, G-9/1, Islamabad.
.

Interested Bidders can obtain any further information / clarification from the Office of The Executive
Engineer,PIDCL Peshawar Pak. PWD Complex at Shami Road Peshawar. Eight (08) days prior to the
deadline of Bid submission.

In case of any unforeseen situation resulting in closure of office on the date of opening or if Government declares
Holiday the tenders shall be submitted / opened on the next working day at the same time & venue. Any
conditional or un-accompanied of the bid security, tender will not be considered in the competition.

The procuring agency shall not be held liable for any online errors occurring during the submission or opening
of bids, nor for technical issues experienced by bidders.

The procuring agency reserves the right to reject any bid, in accordance with the relevant provisions of PPRA
& may cancel the bidding process at any time prior to the acceptance of bid or proposal, as stipulated in rule
33 of said rules.

Office of The General Manager (Engineering) / Chief Engineer

Pakistan Infrastructure Development Company Limited (PIDCL)
Bahria Complex IV, 6th Floor, Ext. Block Gizri, Karachi.
Telephone: +92-21-35155101, Fax: +92-21-35155102
[Link];info@[Link]

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 INVITATION FOR BIDS

Date:
Bid Reference No.:

1. The Employer, [enter name of the procuring agency], 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,
[enter title, type and financial volume of work], which will be completed in
[enter appropriate time period] 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 (Insert Amount). Bidders may
acquire the Bidding Documents from the Office of the Employer,
at (Mailing Address).

3. All bids must be accompanied by a Bid Security in the amount of Rs.

(Rupees ) and must be delivered to
(Indicate Address and Exact Location) at or before
hours, on (Date). Bids will be opened at hours on the same day in
the presence of bidders’ representatives who choose to attend, at the same address
[indicate the address if it differs].

[Note: 1. The Employer to enter the requisite information in blank spaces.

2. The bid shall be opened at least thirty minutes after the deadline for submission
of bids.]

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INSTRUCTIONS
TO
BIDDERS
&
BIDDING DATA

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 TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

Clause No. Description Page No.

A. GENERAL

IB.1 Scope of Bid & Source of Funds 7

IB.2 Eligible Bidders 7
IB.3 Cost of Bidding 7

B. BIDDING DOCUMENTS

IB.4 Contents of Bidding Documents 7

IB.5 Clarification of Bidding Documents 8
IB.6 Amendment of Bidding Documents 8

C- PREPARATION OF BID

IB.7 Language of Bid 9

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

D-SUBMISSION OF BID

IB.15 Deadline for Submission, Modification & Withdrawal 12

of Bids

E. BID OPENING AND EVALUATION

IB.16 Bid Opening, Clarification and Evaluation 12

IB.17 Process to be Confidential 15

F. AWARD OF CONTRACT

IB.18 Qualification 15
IB.19 Award Criteria & Employers Right 15
IB.20 Notification of Award & Signing of Contract Agreement 16
IB.21 Performance Security 16
IB.22 Integrity Pact 16

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 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, and

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 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- Clause
6.1 hereof, and shall be communicated in writing to all purchasers of the Bidding

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 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.

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.

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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.

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.

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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.

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

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 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).

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

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 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 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.

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 (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:

(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.

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 (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, 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

(15)
 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.

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.

(16)
 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.)

Instructions to Bidders
Clause Reference

1.1 Name of Employer

Chief Executive Officer,

Pakistan Infrastructure Development Company Limited (PIDCL),
Ministry of Housing & Works, Government of Pakistan,
6th Floor Extension Block, Bahria Complex-IV, Gizri, Karachi.

Brief Description of Works

Construction of Jeepable Roads and Retaining walls and at various areas of Shori Nala
Path , Shingli, Kohistan Upper , Kohistan Lower, Koalai Pallas Kohistan
Contract Package: PIDCL/KPK/12/04/14

1.2 Source of fund

SUSTAINABLE DEVELOPMENT GOALS ACHIEVEMENT PROGRAMME (SAP)

2.1 Bidding is open to all firms and persons meeting the following requirements:
a) Valid registration with PEC 2025 in category C-5 or above.
b) Valid/Active registration with income tax department (NTN Certificates)
c) Income Tax return of last 03 years.
d) Bio data of Engineers and technical staff working with the firm along with organogram,
degrees and registrations certificates.
e) At least two similar works have completed during past three years with equal or more cost and
same nature of work (PCC Roads/Streets and Nalla) work order and completion certificate.
f) Joint venture will not be allowed
g) Fresh affidavits (E stamp paper) with effect that all documents/particulars/ information
provided are true and correct. In case of bogus/tempered or false information/ certificates
produce by the company/firm shall be liable to be black listed at any stage.
h) Undertaking on fresh stamp paper (E stamp paper) that firm is not involved in any kind of
litigation with any departmental rift, abandoned or necessary delay incompletion of any
work.
i) Fresh affidavit (E stamp paper) to this effect that the firm/contractor have not been black
(17)
 listed previously by any executing agency.

j) The tender should be submitted along with the above required documentation/information. If
any such required documents/information lacking then the tender will not be considered by
the PIDCL and no excuse will be entertained.

5.1 (a) Employer’s address:

6th Floor Extension Block, Bahria Complex IV, Gizri, Karachi.

(b) Engineer’s address:

Will be Notified later

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

12.1 (a) A detailed description of the Works, essential technical and performance
characteristics.
i. PCC Road/Streets
ii. Nallas

(b) Specification of PWD

(c) For details refer BOQ (Schedule of Prices)

13.1 Amount of Bid Security

Rupees 800,000 /- in shape of CDR or Bank Guarantee from any schedule bank of Pakistan, in
case of bogus/fake CDR or Bank Guarantee from any schedule bank of Pakistan procuring agency
shall liable to blacklist the firm/contractor. Original CDR or Bank Guarantee from any schedule bank
of Pakistan for bid security and tender fee in shape of pay order shall be delivered to employer address
before deadline submission of bid. Late delivered bid security and tender fee will lead to mark bid as
non responsive. Scanned copy of bid security and tender fee shall be attached with bid.
The contractor quoting their bids upto a limit of 10% below on engineer estimate shall submit bid
security to the extent of amount Rs. 800,000 /- in shape of CDR or Bank Guarantee from any schedule
bank of Pakistan.

The contractor quoting their bids more than 10% below upto 20% on engineer estimate shall submit
along with their bids 08% additional security of engineer estimated cost in addition to the CDR or
Bank Guarantee from any schedule bank of Pakistan of Rs. 800,000 /- if the bid is not a companied by
the required amount of additional security then the bid shall be considered as non responsive and bid
security Rs. 800,000 /- shall be forfeited in favour of PIDCL & the 2nd lowest bidder and so on will
be considered accordingly.

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Similarly, a contractor quoting bid more than 20% below shall submit with his bid an additional
security on engineer estimate equal to the differential amount of submitted bid and engineer estimate
along with detail rate analysis. In case of more than 20% below bids/if the bid is not a companied by
rate analysis and/or required amount of additional security, then the said bid shall be considered as
non-responsive. All the security submitted along with such non responsive bid shall be forfeited in
favour of PIDCL and 2nd lowest bidders and so on will be considered accordingly.

In case detailed rate analysis submitted with the bid is, in view of the procurement entity not
convincing, the procurement entity may declared such bid as non responsive without any forfeiture of
bid security and record reason thereof.

The additional security shall be released to the contractor after submission of the Performance
Guarantee. The additional security submitted by the bidder at the time of bidding should be in the
shape of call deposit or Bank Guarantee from any schedule bank of Pakistan of the schedule banks

14.1 Period of Bid Validity

90 days.

14.4 Number of Copies of the Bid to be Submitted

One original

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

Sealed hard copies of Bids as well as the Original Tender Fee and Bid Security documents are to be
delivered in separate envelopes at the Office of The Executive Engineer, PIDCL, NC House, 26
Mauve Area, G-9/1, Islamabad
15.1 Deadline for Submission of Bids

As per NIT

16.1 Venue, Time, and Date of Bid Opening

Venue: Office of The Executive Engineer, PIDCL, NC House, 26 Mauve Area, G-9/1,
Islamabad.
Time: As per NIT
Date: As per NIT

IB.20 Notification of Award & Signing of Contract Agreement

20.4 Add following

Stamp Duty
The formal Agreement between the Employer and the successful bidder shall be duly stamped at
the rate of specified by the Provincial Government (if applicable) stated in Letter of Acceptance.
The successful bidder shall bear the cost of stamp duty

(19)
IB.21 Performance Security

21.1 Add following as the second para in IB Clause

The Performance Security shall be of an amount not less than 10% of the Contract Price stated in the
Letter of Acceptance. Such Security shall be in the form of irrevocable, unconditional bank guarantee
acceptable to the Employer from any scheduled Bank of Pakistan or from a bank located outside
Pakistan duly counter guaranteed by a Scheduled Bank of Pakistan, in favour of Employer valid for a
period of 28 days after the issue of Defect Liability Certificate. The said Performance Security shall
be furnished to the Employer by the Contractor within twenty-one (21) days after the receipt of
Letter of Acceptance.

If any bidder offers discount more than 10% on the schedule items and become successful bidder after
evaluation, the same bidder shall be required to submit additional Performance Security of amount
equal to the discount amount.

Since, the Performance Guarantee is unconditional, irrevocable bank guarantee, the successful
bidder and/or bank shall not apply for stay order from court of law during execution as well as
after execution (till issuance of Defects Liability Certificate) in case of encashment of
Performance Guarantee by the Employer. The successful bidder shall submit undertaking on Rs.
1000 E-stamp paper accordingly duly attested by first class magistrate and bank issuing the
Performance Guarantee. The Performance Guarantee shall accompany this undertaking.

21.3 The successful bidder shall furnish to the Employer a Performance Security in the form of
Bank Guarantee 10% of the contract amount mentioned in Letter of Acceptance within a
period of fourteen (14) days after the receipt of Letter of Acceptance.

(20)
FORM OF BID AND SCHEDULES TO BID

(21)
 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 favour 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.

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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.

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:

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 [SCHEDULES TO BID INCLUDE THE FOLLOWING:

• Schedule A to Bid: Schedule of Prices

• Schedule B to Bid: Specific Works Data

• Schedule C to Bid: Works to be Performed by Subcontractors

• Schedule D to Bid: Proposed Programme of Works

• Schedule E to Bid: Method of Performing Works

• Schedule F to Bid: Integrity Pact]

(25)
 SCHEDULE – A TO BID

SCHEDULE OF PRICES

Sr. No. Page No.

1. Preamble to Schedule of Prices 26

2. Schedule of Prices 29

*(a) Summary of Bid Prices

* (b) Detailed Schedule of Prices

* [To be prepared by the Engineer/Employer]

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 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 Systeme Internationale 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

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 SCHEDULE - A TO BID

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.

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 utilise such sums.

(27)
Summary of Bill of Quantities

Construction of Jeepable Roads and Retaining walls and at various areas of Shori Nala Path ,
Shingli, Kohistan Upper , Kohistan Lower, Koalai Pallas Kohistan
Contract Package: PIDCL/KPK/12/04/14

SCHEDULE-A TO BID

SCHEDULE OF PRICES

[Link] Description % Amount

SH-I Retaining Wall 6,143,884
SH-II Cutting 29,263,233
Total (SH-I to SH-II) 35,407,117

To be filled by the Bidder

Above / Below
SH-I Retaining Wall
SH-II Cutting
Total (SH-I to SH-II)

Total Bid Price (The amount to be entered in Paragraph 1 of the Form of Bid).

(In Rupees ____________________)

GENERAL MANAGER ENGINEERING

PAKISTAN INFRASTRUCTURE DEVELOPMENT COMPANY LIMITED (PIDCL)

(Signature & Stamp)

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 Estimate
1 Name of Work:- Construction of Jeepable Roads and Retaining walls etc at various areas of Shori
Nala Path , Shingli, Kohistan Upper , Kohistan Lower, Koalai Pallas Kohistan

[Link]. Description of items. Quantity. Rate. Unit. Amount.

B) RATAINING WALL:-
1 Excavation for foundation trenches and drains in gravelly soil and back filling the excavated material in
foundation trenches plinth or under floor including breaking clods, watering, consolidation by ramming in layers
not exceeding 9 inches (229 mm) in depth to full compaction, dressing and disposal of surplus excavated stuff
as directed lead upto one chain (30.5 R.m) and lift upto 5 feet (1.52 m).

Code:-103/I:-02 14000.00 Cft 1,862.13 %Cft Rs. 260,698

2 Providing and laying [Link] (1 cement 4 sand and 8 coarse aggregate) cement concrete using graded stone
ballast 2 inches (51 mm) and down gauge in foundation including levelling, compacting and curing etc.
complete.
Code:-105/I:-13 1750.00 Cft 21744.25 %Cft Rs. 380,524
3 Providing and laying uncoursed rubble masonry third sort in cement mortar 1:6 in foundation, plinth and
basement including scaffolding, curing etc. complete .
Code:-113/I:-05 4800.00 Cft 28,266.73 %Cft Rs. 1,356,803
4 Providing and laying in situ plum concrete [Link] (1 cement, 3 sand and 6 coarse aggregate) using 85% graded
bajri 3/4 inch and down gauge and 15% boulders 9 inches (229 mm) and down gauge in founddation, basement
and plinth including form work, compacting, curing and remval of form work etc. complete, foundation and
basement upto 5 feet (4.52 m) depth and plinth up to 4 feet (1.2 m0 height from ground level.

Code:-106/39+42 12000.00 Cft 34,070.71 %Cft Rs. 4,088,485

5 Providing and laying in situ [Link] cement concrete using crushed graded boulders 3/4 inch (19 mm) and down
gauge in architraves, coping and cornice etc. of required shape in superstructure including compacting, curing,
cost of form work and its removal etc., complete in ground floor ..

Code:-109/I:-107+123 150.00 Cft 38248.60 %Cft Rs. 57,373

Total:- Rs. 6,143,884
E) Cutting:-
1 Excavation or cutting in gravelly soil to a required grade, camber and side slopes including dressing top and
disposal of excavated stuff within a lift of 5 ft. (1.52 m) and lead upto 100 ft. (30.5 m) .
Code:-127/I:-03 529375 Cft 1573.94 %Cft Rs. 8,332,045
2 Excavation or cutting in soft rock by blasting including sorting and stacking the excavated stuff complete within a
lift of 5 ft. (1.52 m) and lead upto 100 ft. (30.5 m)..
Code:-127/I:-06 455000 Cft 2034.35 %Cft Rs. 9,256,293
3 Excavation or cutting in hard rock by blasting including sorting and stacking the excavated stuff complete within
a lift of 5 ft. (1.52 m) and lead upto 100 ft. (30.5 m) .
Code:-127/I:-07 335888 Cft 4075.83 %Cft Rs. 13,690,224
Less S.M 20% Itom #3 i.e. 67178 Cft 3000.00 %Cft Rs. 2,015,328
Rs. 11,674,896
Total:- Rs. 29,263,233

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SCHEDULE - B TO BID

*SPECIFIC WORKS DATA

(To be prepared and incorporated by the Employer)

*(Note: The Employer shall spell out the information & data required to be filled out by the
bidder and to furnish complementary information).

(30)
 SCHEDULE – C TO BID

WORKS TO BE PERFORMED BY SUBCONTRACTORS

The bidder will do the work with his own forces except the work listed below which he
intends to sub-contract.

Items of Works Name and address of Statement of similar

to be Sub-Contracted Sub-Contractors works previously
executed (attach
evidence)

Note:

1. No change of Sub-Contractors shall be made by the bidder without prior approval

of the Employer.

2. The truthfulness and accuracy of the statement as to the experience of Sub-

Contractors is guaranteed by the bidder. The Employer’s judgment shall be
final as to the evaluation of the experience of Sub-Contractors submitted by
the bidder.

3. Statement of similar works shall include description, location & value of

works, year completed and name & address of the clients.

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 SCHEDULE – D TO BID

PROPOSED PROGRAMME OF WORKS

Bidder shall provide a programme in a bar-chart showing the sequence of work items by
which he proposes to complete the Works of the entire Contract. The programme should indicate
the sequence of work items and the period of time during which he proposes to complete the
Works including the activities like designing, schedule of submittal of drawings, ordering and
procurement of materials, manufacturing, delivering, construction of civil works, erection,
testing and commissioning of Works to be supplied under the Contract.

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 SCHEDULE – E TO BID

METHOD OF PERFORMING WORKS

The bidder is required to submit a narrative outlining the method of performing the Works.
The narrative should indicate in detail and include but not be limited to:

• The sequence and methods in which he proposes to carry out the Works, including the
number of shifts per day and hours per shift, he expects to work.

• A list of all major items of constructional and erectional plant, tools and vehicles
proposed to be used in delivering/carrying out the Works at Site

• The procedure for installation of equipment and transportation of equipment and

materials to the site.

• Organisation chart indicating head office & field office personnel involved in
management, supervision and engineering of the Works to be done under the Contract.

(33)
 SCHEDULE – F TO BID

(INTEGRITY PACT)

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

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

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]

(34)
CONDITIONS OF CONTRACT

(35)
 TABLE OF CONTENTS

CONDITIONS OF CONTRACT

Clause No. Description Page No.

1. General Provisions 37
2. The Employer 39
3. Engineer’s/Employer’s Representatives 39
4. The Contractor 40
5. Design by Contractor 40
6. Employer’s Risks 41
7. Time for Completion 42
8. Taking Over 42
9. Remedying Defects 43
10. Variations And Claims 43
11. Contract Price And Payment 44
12. Default 46
13. Risks And Responsibilities 47
14. Insurance 48
15. Resolution of Disputes 48
16. Integrity Pact 49

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 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

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 but does not include any allowance for profit.

Other Definitions

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

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 The law of the Contract is the relevant Law of Islamic Republic of Pakistan.

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, licences 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 Authorised 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

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 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

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.

4.3 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 form of Bank Draft or Bank Guarantee or an insurance company having alteast
AA rating from PACRA/JCR for the amount and validity specified in Contract Data.

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

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 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
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) ionising 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

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 Contractor immediately notified to the Employer and accepted by the
Employer.

7. TIME FOR COMPLETION

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

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 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 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:

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

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

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

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 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
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

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 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 notice
terminate the Contract immediately. The Contractor shall then demobilise

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

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 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, 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

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 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

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

(c) 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.

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 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 issued to the
Contractor by the Employer)

1.1.4 The Employer means

Chief Executive Officer,
Pakistan Infrastructure Development Company Limited (PIDCL),
Ministry of Housing & Works, Government of Pakistan,
6th Floor Extension Block, Bahria Complex-IV, Gizri, Karachi.

1.1.5 The Contractor means

_____________________

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

1.1.9 Time for Completion 03 months

1.1.20 Engineer
Not Applicable

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 excluding Schedule of Prices
(g) The Drawings, if any
(h) The Specifications
(i) Schedule of Prices (BOQ)
(j)

2.1 Provision of Site: within 7 days after commencement date

3.1 Authorised person : General Manager Engineering - PIDCL

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3.2 Name and address of Employer’s representative

General Manager Engineering – PIDCL,

Pakistan Infrastructure Development Company Limited (PIDCL),
Ministry of Housing & Works, Government of Pakistan,
6th Floor Extension Block, Bahria Complex-IV, Gizri, Karachi.
4.4 Performance Security:
Amount: 10% of the Contract Price as stated in Letter of Acceptance in
shape of Bank Guarantee.

Validity: 28 days after the expiry of Defect Liability Period

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

Specification Clause No’s ____________________________

7.2 Programme:
Time for submission: Within fourteen (14) days* of the Commencement Date.
Form of programme: Bar Chart
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

9.1 Period for remedying defects

03 months

10.2 (e) Variation procedure:

Daywork rates: _______________________

____________________________________ (details)

11.1 *(a) Terms of Payments

Payment of Contract Price shall be made in the following manners:

i) IPCs vise within the contract period

11.1 (b) Valuation of the Works*:

i) Remeasurement with estimated/bid quantities in the Schedule of
Prices

11.2 (b) Percentage of value of Materials and Plant:

Materials eighty (80%)*
Plant ninety (90%)*
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11.3 Percentage of retention: five (5%)

11.6 Currency of payment: Pak. Rupees

14.1 Insurances:

Type of cover

The Works

Amount of cover

The sum stated in the Letter of Acceptance plus fifteen percent (15%)
Type of cover
Contractor’s Equipment:
Amount of cover
Full replacement cost + 15%

Type of cover
Third Party-injury to persons and damage to property
Property
Full Replacement Cost

Persons
Rs: 10 lacs in case of Death
Rs: 05 lacs in case of Major Injury
Rs: 01 lac in case of Minor Injury
Other cover*:

(In each case name of insured is Contractor and Employer)

14.2 Amount to be recovered

Premium plus 20%.

15.3 Arbitration
Place of Arbitration: Karachi

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 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).

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 FORM OF BID 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 (Bidder) with
address:

Penal Sum of Security (express in words and

figures):

Bid Reference No. Date of Bid

KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the terms of the Bid 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
sum stated above, for the payment of which sum well and truly to be made, 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 submitted
the accompanying Bid numbered and dated as above for
(Particulars of Bid) to the said Employer; and

WHEREAS, the Employer has required as a condition for considering the said Bid that the
Principal furnishes a Bid Security in the above said sum to the Employer, conditioned as
under:

(1) that the Bid Security shall remain valid for a period of twenty eight (28) days beyond
the period of validity of the bid;
(2) that in the event of;

(a) the Principal withdraws his Bid during the period of validity of Bid, or
(b) the Principal does not accept the correction of his Bid Price, pursuant to Sub-
Clause 16.4 (b) of Instructions to Bidders, or
(c) failure of the successful bidder to

(i) furnish the required Performance Security, in accordance with Sub-

Clause IB-21.1 of Instructions to Bidders, or
(ii) sign the proposed Contract Agreement, in accordance with Sub-
Clauses IB-20.2 & 20.3 of Instructions to Bidders,
the entire sum be paid immediately to the said Employer for delayed completion and

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 not as penalty for the successful bidder's failure to perform.

NOW THEREFORE, if the successful bidder shall, within the period specified therefore, on
the prescribed form presented to him for signature enter into a formal Contract Agreement
with the said Employer in accordance with his Bid as accepted and furnish within fourteen
(14) days of receipt of Letter of Acceptance, a Performance Security with good and sufficient
surety , as may be required, upon the form prescribed by the said Employer for the faithful
performance and proper fulfilment of the said Contract or in the event of non-withdrawal of
the said Bid within the time specified then this obligation shall be void and of no effect, but
otherwise to remain in full force and effect.

PROVIDED THAT the Guarantor shall forthwith pay to the Employer the said sum stated above
upon first written demand of the Employer without cavil or argument and without requiring the
Employer to prove or to show grounds or reasons for such demand, notice of which shall be sent
by the Employer by registered post duly addressed to the Guarantor at its address given above.

PROVIDED ALSO THAT the Employer shall be the sole and final judge for deciding
whether the Principal has duly performed his obligations to sign the Contract Agreement and
to furnish the requisite Performance Security within the time stated above, or has defaulted in
fulfilling said requirements and the Guarantor shall pay without objection the sum 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 the instrument under
its seal on the date indicated above, the name and 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. Signature

1. 2. Name

3. Title
Corporate Secretary (Seal)

2.

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

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 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.

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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,
for which 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)

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 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.

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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)

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 FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT

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

WHEREAS the (hereinafter

called the Employer) has entered into a Contract for

(Particulars of Contract), with

(hereinafter called the Contractor).

AND WHEREAS the Employer has agreed to advance to the Contractor, at the Contractor’s
request, an amount of Rs. Rupees )
which amount shall be advanced to the Contractor as per provisions of the Contract.

AND WHEREAS the Employer has asked the Contractor to furnish Guarantee to secure the
advance payment for the performance of his obligations under the said Contract.

AND WHEREAS (Scheduled Bank)

(hereinafter called the Guarantor) at the request of the Contractor and in consideration of the
Employer agreeing to make the above advance to the Contractor, has agreed to furnish the
said Guarantee.

NOW THEREFORE the Guarantor hereby guarantees that the Contractor shall use the
advance for the purpose of above mentioned Contract and if he fails, and commits default in
fulfillment of any of his obligations for which the advance payment is made, the Guarantor shall
be liable to the Employer for payment not exceeding the aforementioned amount.

Notice in writing of any default, of which the Employer shall be the sole and final judge, as
aforesaid, on the part of the Contractor, shall be given by the Employer to the Guarantor, and on
such first written demand payment shall be made by the Guarantor of all sums then due under
this Guarantee without any reference to the Contractor and without any objection.

This Guarantee shall come into force as soon as the advance payment has been credited to the
account of the Contractor.

This Guarantee shall expire not later than

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by which date we must have received any claims by registered letter, telegram, telex or
telefax.

It is understood that you will return this Guarantee to us on expiry or after settlement of the
total amount to be claimed hereunder.

Guarantor (Scheduled Bank)

Witness:
1. 1. Signature

2. Name
Corporate Secretary (Seal)
3. Title

2.

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

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 SPECIFICATIONS

[Note for Preparing the Specifications

A set of precise and clear specifications is a prerequisite for bidders to respond realistically
and competitively to the requirements of the user without qualifying their Bids. The specifications
must be drafted to permit the widest possible competition and, at the same time, present a
clear statement of the required standards of workmanship, materials, performance of the works.
Only if this is done objectives of economy, efficiency, and fairness in procurement will be
realized and responsiveness of Bids can be ensured, and the subsequent task of bid evaluation
can be facilitated. The specifications should require that materials to be incorporated in the works
be new, unused, and of the most recent or current models, and incorporated all recent
improvements in design and materials unless provided for otherwise in the contract.

Samples of specifications from similar to previous procurements are useful in this respect.
The use of metric units is encouraged. Depending on the complexity of the works and the
repetitiveness of the type of procurement, it may be advantageous to standardize the
Technical Specifications that should cover all classes of workmanship, materials and equipment
although not necessarily to be used in a particular procurement.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for equipment, materials, and workmanship, recognized international
standards should be used as much as possible. The specifications shall consider all conditions
but not limited to seismic conditions, weather conditions and environmental impact. The
specifications should state that equipment, materials, and workmanship that meet other
authoritative standards, and which ensure at least a substantially equal quality than the standards
mentioned, will also be acceptable. The following clause may be inserted in the Specifications.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Specifications to specific standards and codes to be met
by Works to be furnished and tested, the provisions of the latest current edition or revision
of the relevant shall apply, unless otherwise expressly stated in the Contract. Other authoritative
standards that ensure equivalence to the standards and codes specified will be acceptable.]

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 *DRAWINGS

* (Note: The Engineer/Employer may incorporate specific Drawings for Bidding purposes
only or may include the detailed drawings in a separate volume, if necessary).

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